Texas 2019 - 86th Regular

Texas Senate Bill SB406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, Bettencourt S.B. No. 406
2		-	West
	1	+	By: Birdwell S.B. No. 406
	2	+	(In the Senate - Filed January 22, 2019; February 14, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	March 27, 2019, reported favorably by the following vote: Yeas 10,
	5	+	Nays 1; March 27, 2019, sent to printer.)
	6	+	Click here to see the committee vote
3	7
4	8
5	9		A BILL TO BE ENTITLED
6	10		AN ACT
7	11		relating to the carrying or storage of a handgun by a school
8	12		marshal.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Sections 37.0811(c), (d), and (e), Education
11	15		Code, are amended to read as follows:
12	16		(c) A school marshal appointed by the board of trustees of a
13	17		school district or the governing body of an open-enrollment charter
14	18		school may carry a concealed handgun or possess a handgun on the
15	19		physical premises of a school, but only:
16	20		(1) in the manner provided by written regulations
17	21		adopted by the board of trustees or the governing body; and
18	22		(2) at a specific school as specified by the board of
19	23		trustees or governing body, as applicable.
20	24		(d) Any written regulations adopted for purposes of
21	25		Subsection (c) must provide that a school marshal may carry a
22	26		concealed handgun on the school marshal's person or [as described
23	27		by Subsection (c), except that if the primary duty of the school
24	28		marshal involves regular, direct contact with students, the marshal
25	29		may not carry a concealed handgun but may] possess the [a] handgun
26	30		on the physical premises of a school in a locked and secured safe or
27	31		other locked and secured location [within the marshal's immediate
28	32		reach when conducting the marshal's primary duty]. The written
29	33		regulations must also require that a handgun carried or possessed
30	34		by [or within access of] a school marshal may be loaded only with
31	35		frangible duty ammunition approved for that purpose by the Texas
32	36		Commission on Law Enforcement.
33	37		(e) A school marshal may use [access] a handgun the school
34	38		marshal is authorized to carry or possess under this section only
35	39		under circumstances that would justify the use of deadly force
36	40		under Section 9.32 or 9.33, Penal Code.
37	41		SECTION 2. Sections 37.0813(c), (d), and (e), Education
38	42		Code, are amended to read as follows:
39	43		(c) A school marshal appointed by the governing body of a
40	44		private school may carry a concealed handgun or possess a handgun on
41	45		the physical premises of a school, but only in the manner provided
42	46		by written regulations adopted by the governing body.
43	47		(d) Any written regulations adopted for purposes of
44	48		Subsection (c) must provide that a school marshal may carry a
45	49		concealed handgun on the school marshal's person or [as described
46	50		by Subsection (c), except that if the primary duty of the school
47	51		marshal involves regular, direct contact with students in a
48	52		classroom setting, the marshal may not carry a concealed handgun
49	53		but may] possess the [a] handgun on the physical premises of a
50	54		school in a locked and secured safe or other locked and secured
51	55		location [within the marshal's immediate reach when conducting the
52	56		marshal's primary duty]. The written regulations must also require
53	57		that a handgun carried or possessed by [or within access of] a
54	58		school marshal may be loaded only with frangible duty ammunition
55	59		approved for that purpose by the Texas Commission on Law
56	60		Enforcement.
57	61		(e) A school marshal may use [access] a handgun the school
58	62		marshal is authorized to carry or possess under this section only
59	63		under circumstances that would justify the use of deadly force
60	64		under Section 9.32 or 9.33, Penal Code.
61	65		SECTION 3. Sections 51.220(d), (e), and (f), Education
62	66		Code, are amended to read as follows:
63	67		(d) A school marshal appointed by the governing board of a
64	68		public junior college may carry a concealed handgun or possess a
65	69		handgun on the physical premises of a public junior college campus,
66	70		but only:
67	71		(1) in the manner provided by written regulations
68	72		adopted by the governing board; and
69	73		(2) at a specific public junior college campus as
70	74		specified by the governing board.
71	75		(e) Any written regulations adopted for purposes of
72	76		Subsection (d) must provide that a school marshal may carry a
73	77		concealed handgun on the school marshal's person or [as described
74	78		by Subsection (d), except that if the primary duty of the school
75	79		marshal involves regular, direct contact with students, the marshal
76	80		may not carry a concealed handgun but may] possess the [a] handgun
77	81		on the physical premises of a public junior college campus in a
78	82		locked and secured safe or other locked and secured location
79	83		[within the marshal's immediate reach when conducting the marshal's
80	84		primary duty]. The written regulations must also require that a
81	85		handgun carried or possessed by [or within access of] a school
82	86		marshal may be loaded only with frangible duty ammunition approved
83	87		for that purpose by the Texas Commission on Law Enforcement.
84	88		(f) A school marshal may use [access] a handgun the school
85	89		marshal is authorized to carry or possess under this section only
86	90		under circumstances that would justify the use of deadly force
87	91		under Section 9.32 or 9.33, Penal Code.
88	92		SECTION 4. This Act applies beginning with the 2019-2020
89	93		school year.
90	94		SECTION 5. This Act takes effect immediately if it receives
91	95		a vote of two-thirds of all the members elected to each house, as
92	96		provided by Section 39, Article III, Texas Constitution. If this
93	97		Act does not receive the vote necessary for immediate effect, this
94	98		Act takes effect September 1, 2019.
	99	+	* * * * *