By: Creighton, Hall S.B. No. 243
(In the Senate - Filed December 14, 2018; February 7, 2019,
read first time and referred to Committee on Education;
April 2, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 4; April 2, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 243 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to the carrying or storage of a handgun by a school
marshal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.0811(d) and (e), Education Code, are
amended to read as follows:
(d) Any written regulations adopted for purposes of
Subsection (c) must provide that a [school marshal may carry a
concealed handgun as described by Subsection (c), except that if
the primary duty of the school marshal involves regular, direct
contact with students, the marshal may not carry a concealed
handgun but may possess a handgun on the physical premises of a
school in a locked and secured safe within the marshal's immediate
reach when conducting the marshal's primary duty. The written
regulations must also require that a] handgun carried or possessed
by [or within access of] a school marshal may be loaded only with
frangible duty ammunition approved for that purpose by the Texas
Commission on Law Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 2. Sections 37.0813(d) and (e), Education Code, are
amended to read as follows:
(d) Any written regulations adopted for purposes of
Subsection (c) must provide that a [school marshal may carry a
concealed handgun as described by Subsection (c), except that if
the primary duty of the school marshal involves regular, direct
contact with students in a classroom setting, the marshal may not
carry a concealed handgun but may possess a handgun on the physical
premises of a school in a locked and secured safe within the
marshal's immediate reach when conducting the marshal's primary
duty. The written regulations must also require that a] handgun
carried or possessed by [or within access of] a school marshal may
be loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 3. Sections 51.220(e) and (f), Education Code, are
amended to read as follows:
(e) Any written regulations adopted for purposes of
Subsection (d) must provide that a [school marshal may carry a
concealed] handgun [as described by Subsection (d), except that if
the primary duty of the school marshal involves regular, direct
contact with students, the marshal may not carry a concealed
handgun but may possess a handgun on the physical premises of a
public junior college campus in a locked and secured safe within the
marshal's immediate reach when conducting the marshal's primary
duty. The written regulations must also require that a handgun]
carried or possessed by [or within access of] a school marshal may
be loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
(f) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 4. This Act applies beginning with the 2019-2020
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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