Texas 2015 - 84th Regular

Texas Senate Bill SB386 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R25085 AAF-D
2		-	By: Taylor of Collin, et al. S.B. No. 386
3		-	(Villalba)
4		-	Substitute the following for S.B. No. 386: No.
	1	+	S.B. No. 386
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to school marshals for public junior colleges, notifying a
10	6		parent or guardian whether an employee of a public junior college is
11	7		appointed school marshal, and the confidentiality of information
12	8		submitted to or collected by the Texas Commission on Law
13	9		Enforcement in connection with a certification for appointment as
14	10		school marshal.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Articles 2.127(a) and (d), Code of Criminal
17	13		Procedure, are amended to read as follows:
18	14		(a) Except as provided by Subsection (b), a school marshal
19	15		may make arrests and exercise all authority given peace officers
20	16		under this code, subject to written regulations adopted by the
21	17		board of trustees of a school district or the governing body of an
22	18		open-enrollment charter school under Section 37.0811, Education
23	19		Code, or the governing board of a public junior college under
24	20		Section 51.220, Education Code, and only act as necessary to
25	21		prevent or abate the commission of an offense that threatens
26	22		serious bodily injury or death of students, faculty, or visitors on
27	23		school premises.
28	24		(d) A person may not serve as a school marshal unless the
29	25		person is:
30	26		(1) licensed under Section 1701.260, Occupations
31	27		Code; and
32	28		(2) appointed by the board of trustees of a school
33	29		district or the governing body of an open-enrollment charter school
34	30		under Section 37.0811, Education Code, or the governing board of a
35	31		public junior college under Section 51.220, Education Code.
36	32		SECTION 2. Subchapter E, Chapter 51, Education Code, is
37	33		amended by adding Section 51.220 to read as follows:
38		-	Sec. 51.220. PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS. ~~(a) In~~
39		-	this section, "public junior college" has the meaning ~~assigned by~~
40		-	Section 61.003.
	34	+	Sec. 51.220. PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS.
	35	+	(a) In this section, "public junior college" has the meaning
	36	+	assigned by Section 61.003.
41	37		(b) The governing board of a public junior college may
42	38		appoint one or more school marshals.
43	39		(c) The governing board of a public junior college may
44	40		select for appointment as a school marshal under this section an
45	41		applicant who is an employee of the public junior college and
46	42		certified as eligible for appointment under Section 1701.260,
47	43		Occupations Code. The governing board may, but shall not be
48	44		required to, reimburse the amount paid by the applicant to
49	45		participate in the training program under that section.
50	46		(d) A school marshal appointed by the governing board of a
51	47		public junior college may carry or possess a handgun on the physical
52	48		premises of a public junior college campus, but only:
53	49		(1) in the manner provided by written regulations
54	50		adopted by the governing board; and
55	51		(2) at a specific public junior college campus as
56	52		specified by the governing board.
57	53		(e) Any written regulations adopted for purposes of
58	54		Subsection (d) must provide that a school marshal may carry a
59	55		concealed handgun as described by Subsection (d), except that if
60	56		the primary duty of the school marshal involves regular, direct
61	57		contact with students, the marshal may not carry a concealed
62	58		handgun but may possess a handgun on the physical premises of a
63	59		public junior college campus in a locked and secured safe within the
64	60		marshal's immediate reach when conducting the marshal's primary
65	61		duty. The written regulations must also require that a handgun
66	62		carried by or within access of a school marshal may be loaded only
67	63		with frangible ammunition designed to disintegrate on impact for
68	64		maximum safety and minimal danger to others.
69	65		(f) A school marshal may access a handgun under this section
70	66		only under circumstances that would justify the use of deadly force
71	67		under Section 9.32 or 9.33, Penal Code.
72	68		(g) A public junior college employee's status as a school
73	69		marshal becomes inactive on:
74	70		(1) expiration of the employee's school marshal
75	71		license under Section 1701.260, Occupations Code;
76	72		(2) suspension or revocation of the employee's license
77	73		to carry a concealed handgun issued under Subchapter H, Chapter
78	74		411, Government Code;
79	75		(3) termination of the employee's employment with the
80	76		public junior college; or
81	77		(4) notice from the governing board of the public
82	78		junior college that the employee's services as school marshal are
83	79		no longer required.
84	80		(h) The identity of a school marshal appointed under this
85	81		section is confidential, except as provided by Section 1701.260(j),
86	82		Occupations Code, and is not subject to a request under Chapter 552,
87	83		Government Code.
88	84		(i) If a parent or guardian of a student enrolled at a public
89	85		junior college inquires in writing, the governing board of the
90	86		public junior college shall provide the parent or guardian written
91	87		notice indicating whether any employee of the public junior college
92	88		is currently appointed a school marshal. The notice may not
93	89		disclose information that is confidential under Subsection (h).
94	90		SECTION 3. Sections 1701.260(a), (j), and (l), Occupations
95	91		Code, are amended to read as follows:
96	92		(a) The commission shall establish and maintain a training
97	93		program open to any employee of a school district, [or]
98	94		open-enrollment charter school, or public junior college who holds
99	95		a license to carry a concealed handgun issued under Subchapter H,
100	96		Chapter 411, Government Code. The training may be conducted only by
101	97		the commission staff or a provider approved by the commission.
102	98		(j) The commission shall submit the identifying information
103	99		collected under Subsection (b) for each person licensed by the
104	100		commission under this section to:
105	101		(1) the director of the Department of Public Safety;
106	102		(2) the person's employer, if the person is employed by
107	103		a school district, [or] open-enrollment charter school, or public
108	104		junior college;
109	105		(3) the chief law enforcement officer of the local
110	106		municipal law enforcement agency if the person is employed at a
111	107		campus of a school district, [or] open-enrollment charter school,
112	108		or public junior college located within a municipality;
113	109		(4) the sheriff of the county if the person is employed
114	110		at a campus of a school district, [or] open-enrollment charter
115	111		school, or public junior college that is not located within a
116	112		municipality; and
117	113		(5) the chief administrator of any peace officer
118	114		commissioned under Section 37.081 or 51.203, Education Code, if the
119	115		person is employed at a school district or public junior college
120	116		that has commissioned a peace officer under either [that] section.
121	117		(l) All [Identifying] information [about a person]
122	118		collected or submitted under this section is confidential, except
123	119		as provided by Subsection (j), and is not subject to disclosure
124	120		under Chapter 552, Government Code.
125	121		SECTION 4. Section 1701.001(8), Occupations Code, is
126	122		amended to read as follows:
127	123		(8) "School marshal" means a person employed and
128	124		appointed by the board of trustees of a school district, [or] the
129	125		governing body of an open-enrollment charter school, or the
130	126		governing board of a public junior college under Article 2.127,
131	127		Code of Criminal Procedure, and in accordance with and having the
132	128		rights provided by Section 37.0811 or 51.220, Education Code.
133	129		SECTION 5. This Act takes effect September 1, 2015.
	130	+	______________________________ ______________________________
	131	+	President of the Senate Speaker of the House
	132	+	I hereby certify that S.B. No. 386 passed the Senate on
	133	+	April 9, 2015, by the following vote: Yeas 31, Nays 0; and that
	134	+	the Senate concurred in House amendment on May 28, 2015, by the
	135	+	following vote: Yeas 29, Nays 2.
	136	+	______________________________
	137	+	Secretary of the Senate
	138	+	I hereby certify that S.B. No. 386 passed the House, with
	139	+	amendment, on May 22, 2015, by the following vote: Yeas 140,
	140	+	Nays 0, two present not voting.
	141	+	______________________________
	142	+	Chief Clerk of the House
	143	+	Approved:
	144	+	______________________________
	145	+	Date
	146	+	______________________________
	147	+	Governor