Texas 2021 - 87th Regular

Texas House Bill HB55 Compare Versions

Only one version of the bill is available at this time.
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11 87R1663 TSS-D
22 By: Swanson H.B. No. 55
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the carrying and possession of a concealed handgun by a
88 school marshal.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 37.0811(d), Education Code, is amended
1111 to read as follows:
1212 (d) Any written regulations adopted for purposes of
1313 Subsection (c):
1414 (1) must:
1515 (A) authorize [provide that] a school marshal to
1616 [may] carry a concealed handgun on or about the marshal's person;
1717 and
1818 (B) [as described by Subsection (c), except that
1919 if the primary duty of the school marshal involves regular, direct
2020 contact with students, the marshal may not carry a concealed
2121 handgun but may possess a handgun on the physical premises of a
2222 school in a locked and secured safe within the marshal's immediate
2323 reach when conducting the marshal's primary duty. The written
2424 regulations must also] require that a handgun carried or possessed
2525 by [or within access of] a school marshal [may] be loaded only with
2626 frangible duty ammunition approved for that purpose by the Texas
2727 Commission on Law Enforcement; and
2828 (2) may not require a school marshal to store the
2929 handgun in a locked and secured safe or other location while on
3030 duty.
3131 SECTION 2. Section 37.0813(d), Education Code, is amended
3232 to read as follows:
3333 (d) Any written regulations adopted for purposes of
3434 Subsection (c) must:
3535 (1) provide that a school marshal may carry a
3636 concealed handgun as described by Subsection (c); and
3737 (2) [, except that if the primary duty of the school
3838 marshal involves regular, direct contact with students in a
3939 classroom setting, the marshal may not carry a concealed handgun
4040 but may possess a handgun on the physical premises of a school in a
4141 locked and secured safe within the marshal's immediate reach when
4242 conducting the marshal's primary duty. The written regulations
4343 must also] require that a handgun carried or possessed by [or within
4444 access of] a school marshal [may] be loaded only with frangible duty
4545 ammunition approved for that purpose by the Texas Commission on Law
4646 Enforcement.
4747 SECTION 3. Section 51.220(e), Education Code, is amended to
4848 read as follows:
4949 (e) Any written regulations adopted for purposes of
5050 Subsection (d):
5151 (1) must:
5252 (A) authorize [provide that] a school marshal to
5353 [may] carry a concealed handgun on or about the marshal's person;
5454 and
5555 (B) [as described by Subsection (d), except that
5656 if the primary duty of the school marshal involves regular, direct
5757 contact with students, the marshal may not carry a concealed
5858 handgun but may possess a handgun on the physical premises of a
5959 public junior college campus in a locked and secured safe within the
6060 marshal's immediate reach when conducting the marshal's primary
6161 duty. The written regulations must also] require that a handgun
6262 carried or possessed by [or within access of] a school marshal [may]
6363 be loaded only with frangible duty ammunition approved for that
6464 purpose by the Texas Commission on Law Enforcement; and
6565 (2) may not require a school marshal to store the
6666 handgun in a locked and secured safe or other location while on
6767 duty.
6868 SECTION 4. This Act applies beginning with the 2021-2022
6969 academic year.
7070 SECTION 5. This Act takes effect immediately if it receives
7171 a vote of two-thirds of all the members elected to each house, as
7272 provided by Section 39, Article III, Texas Constitution. If this
7373 Act does not receive the vote necessary for immediate effect, this
7474 Act takes effect September 1, 2021.