Texas 2021 - 87th Regular

Texas Senate Bill SB741 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 741
	1	+	By: Birdwell S.B. No. 741
	2	+	(Sanford)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the carrying or storage of a handgun by a school
6	8		marshal.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 37.0811(c), (d), and (e), Education
9	11		Code, are amended to read as follows:
10	12		(c) A school marshal appointed by the board of trustees of a
11	13		school district or the governing body of an open-enrollment charter
12	14		school may carry a concealed handgun or possess a handgun on the
13	15		physical premises of a school, but only:
14	16		(1) in the manner provided by written regulations
15	17		adopted by the board of trustees or the governing body; and
16	18		(2) at a specific school as specified by the board of
17	19		trustees or governing body, as applicable.
18	20		(d) Any written regulations adopted for purposes of
19	21		Subsection (c) must provide that a school marshal may carry a
20	22		concealed handgun on the school marshal's person or [as described
21	23		by Subsection (c), except that if the primary duty of the school
22	24		marshal involves regular, direct contact with students, the marshal
23	25		may not carry a concealed handgun but may] possess the [a] handgun
24	26		on the physical premises of a school in a locked and secured safe or
25	27		other locked and secured location [within the marshal's immediate
26	28		reach when conducting the marshal's primary duty]. The written
27	29		regulations must also require that a handgun carried or possessed
28	30		by [or within access of] a school marshal may be loaded only with
29	31		frangible duty ammunition approved for that purpose by the Texas
30	32		Commission on Law Enforcement.
31	33		(e) A school marshal may use [access] a handgun the school
32	34		marshal is authorized to carry or possess under this section only
33	35		under circumstances that would justify the use of deadly force
34	36		under Section 9.32 or 9.33, Penal Code.
35	37		SECTION 2. Sections 37.0813(c), (d), and (e), Education
36	38		Code, are amended to read as follows:
37	39		(c) A school marshal appointed by the governing body of a
38	40		private school may carry a concealed handgun or possess a handgun on
39	41		the physical premises of a school, but only in the manner provided
40	42		by written regulations adopted by the governing body.
41	43		(d) Any written regulations adopted for purposes of
42	44		Subsection (c) must provide that a school marshal may carry a
43	45		concealed handgun on the school marshal's person or [as described
44	46		by Subsection (c), except that if the primary duty of the school
45	47		marshal involves regular, direct contact with students in a
46	48		classroom setting, the marshal may not carry a concealed handgun
47	49		but may] possess the [a] handgun on the physical premises of a
48	50		school in a locked and secured safe or other locked and secured
49	51		location [within the marshal's immediate reach when conducting the
50	52		marshal's primary duty]. The written regulations must also require
51	53		that a handgun carried or possessed by [or within access of] a
52	54		school marshal may be loaded only with frangible duty ammunition
53	55		approved for that purpose by the Texas Commission on Law
54	56		Enforcement.
55	57		(e) A school marshal may use [access] a handgun the school
56	58		marshal is authorized to carry or possess under this section only
57	59		under circumstances that would justify the use of deadly force
58	60		under Section 9.32 or 9.33, Penal Code.
59	61		SECTION 3. Sections 51.220(d), (e), and (f), Education
60	62		Code, are amended to read as follows:
61	63		(d) A school marshal appointed by the governing board of a
62	64		public junior college may carry a concealed handgun or possess a
63	65		handgun on the physical premises of a public junior college campus,
64	66		but only:
65	67		(1) in the manner provided by written regulations
66	68		adopted by the governing board; and
67	69		(2) at a specific public junior college campus as
68	70		specified by the governing board.
69	71		(e) Any written regulations adopted for purposes of
70	72		Subsection (d) must provide that a school marshal may carry a
71	73		concealed handgun on the school marshal's person or [as described
72	74		by Subsection (d), except that if the primary duty of the school
73	75		marshal involves regular, direct contact with students, the marshal
74	76		may not carry a concealed handgun but may] possess the [a] handgun
75	77		on the physical premises of a public junior college campus in a
76	78		locked and secured safe or other locked and secured location
77	79		[within the marshal's immediate reach when conducting the marshal's
78	80		primary duty]. The written regulations must also require that a
79	81		handgun carried or possessed by [or within access of] a school
80	82		marshal may be loaded only with frangible duty ammunition approved
81	83		for that purpose by the Texas Commission on Law Enforcement.
82	84		(f) A school marshal may use [access] a handgun the school
83	85		marshal is authorized to carry or possess under this section only
84	86		under circumstances that would justify the use of deadly force
85	87		under Section 9.32 or 9.33, Penal Code.
86	88		SECTION 4. This Act applies beginning with the 2021-2022
87	89		school year.
88	90		SECTION 5. This Act takes effect immediately if it receives
89	91		a vote of two-thirds of all the members elected to each house, as
90	92		provided by Section 39, Article III, Texas Constitution. If this
91	93		Act does not receive the vote necessary for immediate effect, this
92	94		Act takes effect September 1, 2021.
93		-	______________________________ ______________________________
94		-	President of the Senate Speaker of the House
95		-	I hereby certify that S.B. No. 741 passed the Senate on
96		-	May 3, 2021, by the following vote: Yeas 18, Nays 12.
97		-	______________________________
98		-	Secretary of the Senate
99		-	I hereby certify that S.B. No. 741 passed the House on
100		-	May 25, 2021, by the following vote: Yeas 91, Nays 53, one present
101		-	not voting.
102		-	______________________________
103		-	Chief Clerk of the House
104		-	Approved:
105		-	______________________________
106		-	Date
107		-	______________________________
108		-	Governor