Texas 2019 - 86th Regular

Texas Senate Bill SB243 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, Bettencourt S.B. No. 243
	1	+	By: Creighton, Hall S.B. No. 243
	2	+	(In the Senate - Filed December 14, 2018; February 7, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	April 2, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 4; April 2, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 243 By: Bettencourt
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the carrying or storage of a handgun by a school
7	14		marshal.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 37.0811(d) and (e), Education Code, are
10	17		amended to read as follows:
11	18		(d) Any written regulations adopted for purposes of
12	19		Subsection (c) must provide that a [school marshal may carry a
13	20		concealed handgun as described by Subsection (c), except that if
14	21		the primary duty of the school marshal involves regular, direct
15	22		contact with students, the marshal may not carry a concealed
16	23		handgun but may possess a handgun on the physical premises of a
17	24		school in a locked and secured safe within the marshal's immediate
18	25		reach when conducting the marshal's primary duty. The written
19	26		regulations must also require that a] handgun carried or possessed
20	27		by [or within access of] a school marshal may be loaded only with
21	28		frangible duty ammunition approved for that purpose by the Texas
22	29		Commission on Law Enforcement.
23	30		(e) A school marshal may use [access] a handgun the school
24	31		marshal is authorized to carry or possess under this section only
25	32		under circumstances that would justify the use of deadly force
26	33		under Section 9.32 or 9.33, Penal Code.
27	34		SECTION 2. Sections 37.0813(d) and (e), Education Code, are
28	35		amended to read as follows:
29	36		(d) Any written regulations adopted for purposes of
30	37		Subsection (c) must provide that a [school marshal may carry a
31	38		concealed handgun as described by Subsection (c), except that if
32	39		the primary duty of the school marshal involves regular, direct
33	40		contact with students in a classroom setting, the marshal may not
34	41		carry a concealed handgun but may possess a handgun on the physical
35	42		premises of a school in a locked and secured safe within the
36	43		marshal's immediate reach when conducting the marshal's primary
37	44		duty. The written regulations must also require that a] handgun
38	45		carried or possessed by [or within access of] a school marshal may
39	46		be loaded only with frangible duty ammunition approved for that
40	47		purpose by the Texas Commission on Law Enforcement.
41	48		(e) A school marshal may use [access] a handgun the school
42	49		marshal is authorized to carry or possess under this section only
43	50		under circumstances that would justify the use of deadly force
44	51		under Section 9.32 or 9.33, Penal Code.
45	52		SECTION 3. Sections 51.220(e) and (f), Education Code, are
46	53		amended to read as follows:
47	54		(e) Any written regulations adopted for purposes of
48	55		Subsection (d) must provide that a [school marshal may carry a
49	56		concealed] handgun [as described by Subsection (d), except that if
50	57		the primary duty of the school marshal involves regular, direct
51	58		contact with students, the marshal may not carry a concealed
52	59		handgun but may possess a handgun on the physical premises of a
53	60		public junior college campus in a locked and secured safe within the
54	61		marshal's immediate reach when conducting the marshal's primary
55	62		duty. The written regulations must also require that a handgun]
56	63		carried or possessed by [or within access of] a school marshal may
57	64		be loaded only with frangible duty ammunition approved for that
58	65		purpose by the Texas Commission on Law Enforcement.
59	66		(f) A school marshal may use [access] a handgun the school
60	67		marshal is authorized to carry or possess under this section only
61	68		under circumstances that would justify the use of deadly force
62	69		under Section 9.32 or 9.33, Penal Code.
63	70		SECTION 4. This Act applies beginning with the 2019-2020
64	71		school year.
65	72		SECTION 5. This Act takes effect immediately if it receives
66	73		a vote of two-thirds of all the members elected to each house, as
67	74		provided by Section 39, Article III, Texas Constitution. If this
68	75		Act does not receive the vote necessary for immediate effect, this
69	76		Act takes effect September 1, 2019.
	77	+	* * * * *