1 | 1 | | 87R1663 TSS-D |
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2 | 2 | | By: Swanson H.B. No. 55 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the carrying and possession of a concealed handgun by a |
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8 | 8 | | school marshal. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 37.0811(d), Education Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (d) Any written regulations adopted for purposes of |
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13 | 13 | | Subsection (c): |
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14 | 14 | | (1) must: |
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15 | 15 | | (A) authorize [provide that] a school marshal to |
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16 | 16 | | [may] carry a concealed handgun on or about the marshal's person; |
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17 | 17 | | and |
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18 | 18 | | (B) [as described by Subsection (c), except that |
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19 | 19 | | if the primary duty of the school marshal involves regular, direct |
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20 | 20 | | contact with students, the marshal may not carry a concealed |
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21 | 21 | | handgun but may possess a handgun on the physical premises of a |
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22 | 22 | | school in a locked and secured safe within the marshal's immediate |
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23 | 23 | | reach when conducting the marshal's primary duty. The written |
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24 | 24 | | regulations must also] require that a handgun carried or possessed |
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25 | 25 | | by [or within access of] a school marshal [may] be loaded only with |
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26 | 26 | | frangible duty ammunition approved for that purpose by the Texas |
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27 | 27 | | Commission on Law Enforcement; and |
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28 | 28 | | (2) may not require a school marshal to store the |
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29 | 29 | | handgun in a locked and secured safe or other location while on |
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30 | 30 | | duty. |
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31 | 31 | | SECTION 2. Section 37.0813(d), Education Code, is amended |
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32 | 32 | | to read as follows: |
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33 | 33 | | (d) Any written regulations adopted for purposes of |
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34 | 34 | | Subsection (c) must: |
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35 | 35 | | (1) provide that a school marshal may carry a |
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36 | 36 | | concealed handgun as described by Subsection (c); and |
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37 | 37 | | (2) [, except that if the primary duty of the school |
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38 | 38 | | marshal involves regular, direct contact with students in a |
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39 | 39 | | classroom setting, the marshal may not carry a concealed handgun |
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40 | 40 | | but may possess a handgun on the physical premises of a school in a |
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41 | 41 | | locked and secured safe within the marshal's immediate reach when |
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42 | 42 | | conducting the marshal's primary duty. The written regulations |
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43 | 43 | | must also] require that a handgun carried or possessed by [or within |
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44 | 44 | | access of] a school marshal [may] be loaded only with frangible duty |
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45 | 45 | | ammunition approved for that purpose by the Texas Commission on Law |
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46 | 46 | | Enforcement. |
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47 | 47 | | SECTION 3. Section 51.220(e), Education Code, is amended to |
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48 | 48 | | read as follows: |
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49 | 49 | | (e) Any written regulations adopted for purposes of |
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50 | 50 | | Subsection (d): |
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51 | 51 | | (1) must: |
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52 | 52 | | (A) authorize [provide that] a school marshal to |
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53 | 53 | | [may] carry a concealed handgun on or about the marshal's person; |
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54 | 54 | | and |
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55 | 55 | | (B) [as described by Subsection (d), except that |
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56 | 56 | | if the primary duty of the school marshal involves regular, direct |
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57 | 57 | | contact with students, the marshal may not carry a concealed |
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58 | 58 | | handgun but may possess a handgun on the physical premises of a |
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59 | 59 | | public junior college campus in a locked and secured safe within the |
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60 | 60 | | marshal's immediate reach when conducting the marshal's primary |
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61 | 61 | | duty. The written regulations must also] require that a handgun |
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62 | 62 | | carried or possessed by [or within access of] a school marshal [may] |
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63 | 63 | | be loaded only with frangible duty ammunition approved for that |
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64 | 64 | | purpose by the Texas Commission on Law Enforcement; and |
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65 | 65 | | (2) may not require a school marshal to store the |
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66 | 66 | | handgun in a locked and secured safe or other location while on |
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67 | 67 | | duty. |
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68 | 68 | | SECTION 4. This Act applies beginning with the 2021-2022 |
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69 | 69 | | academic year. |
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70 | 70 | | SECTION 5. This Act takes effect immediately if it receives |
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71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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74 | 74 | | Act takes effect September 1, 2021. |
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