Texas 2019 - 86th Regular

Texas House Bill HB2608 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R965 GCB-D
2	2	By: Sanford H.B. No. 2608
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying or storage of a handgun by a school
8	8	marshal.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 37.0811(c), (d), and (e), Education
11	11	Code, are amended to read as follows:
12	12	(c) A school marshal appointed by the board of trustees of a
13	13	school district or the governing body of an open-enrollment charter
14	14	school may carry a concealed handgun or possess a handgun on the
15	15	physical premises of a school, but only:
16	16	(1) in the manner provided by written regulations
17	17	adopted by the board of trustees or the governing body; and
18	18	(2) at a specific school as specified by the board of
19	19	trustees or governing body, as applicable.
20	20	(d) Any written regulations adopted for purposes of
21	21	Subsection (c) must provide that a school marshal may carry a
22	22	concealed handgun on the school marshal's person or [as described
23	23	by Subsection (c), except that if the primary duty of the school
24	24	marshal involves regular, direct contact with students, the marshal
25	25	may not carry a concealed handgun but may] possess the [a] handgun
26	26	on the physical premises of a school in a locked and secured safe or
27	27	other locked and secured location [within the marshal's immediate
28	28	reach when conducting the marshal's primary duty]. The written
29	29	regulations must also require that a handgun carried or possessed
30	30	by [or within access of] a school marshal may be loaded only with
31	31	frangible duty ammunition approved for that purpose by the Texas
32	32	Commission on Law Enforcement.
33	33	(e) A school marshal may use [access] a handgun the school
34	34	marshal is authorized to carry or possess under this section only
35	35	under circumstances that would justify the use of deadly force
36	36	under Section 9.32 or 9.33, Penal Code.
37	37	SECTION 2. Sections 37.0813(c), (d), and (e), Education
38	38	Code, are amended to read as follows:
39	39	(c) A school marshal appointed by the governing body of a
40	40	private school may carry a concealed handgun or possess a handgun on
41	41	the physical premises of a school, but only in the manner provided
42	42	by written regulations adopted by the governing body.
43	43	(d) Any written regulations adopted for purposes of
44	44	Subsection (c) must provide that a school marshal may carry a
45	45	concealed handgun on the school marshal's person or [as described
46	46	by Subsection (c), except that if the primary duty of the school
47	47	marshal involves regular, direct contact with students in a
48	48	classroom setting, the marshal may not carry a concealed handgun
49	49	but may] possess the [a] handgun on the physical premises of a
50	50	school in a locked and secured safe or other locked and secured
51	51	location [within the marshal's immediate reach when conducting the
52	52	marshal's primary duty]. The written regulations must also require
53	53	that a handgun carried or possessed by [or within access of] a
54	54	school marshal may be loaded only with frangible duty ammunition
55	55	approved for that purpose by the Texas Commission on Law
56	56	Enforcement.
57	57	(e) A school marshal may use [access] a handgun the school
58	58	marshal is authorized to carry or possess under this section only
59	59	under circumstances that would justify the use of deadly force
60	60	under Section 9.32 or 9.33, Penal Code.
61	61	SECTION 3. Sections 51.220(d), (e), and (f), Education
62	62	Code, are amended to read as follows:
63	63	(d) A school marshal appointed by the governing board of a
64	64	public junior college may carry a concealed handgun or possess a
65	65	handgun on the physical premises of a public junior college campus,
66	66	but only:
67	67	(1) in the manner provided by written regulations
68	68	adopted by the governing board; and
69	69	(2) at a specific public junior college campus as
70	70	specified by the governing board.
71	71	(e) Any written regulations adopted for purposes of
72	72	Subsection (d) must provide that a school marshal may carry a
73	73	concealed handgun on the school marshal's person or [as described
74	74	by Subsection (d), except that if the primary duty of the school
75	75	marshal involves regular, direct contact with students, the marshal
76	76	may not carry a concealed handgun but may] possess the [a] handgun
77	77	on the physical premises of a public junior college campus in a
78	78	locked and secured safe or other locked and secured location
79	79	[within the marshal's immediate reach when conducting the marshal's
80	80	primary duty]. The written regulations must also require that a
81	81	handgun carried or possessed by [or within access of] a school
82	82	marshal may be loaded only with frangible duty ammunition approved
83	83	for that purpose by the Texas Commission on Law Enforcement.
84	84	(f) A school marshal may use [access] a handgun the school
85	85	marshal is authorized to carry or possess under this section only
86	86	under circumstances that would justify the use of deadly force
87	87	under Section 9.32 or 9.33, Penal Code.
88	88	SECTION 4. This Act applies beginning with the 2019-2020
89	89	school year.
90	90	SECTION 5. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2019.