| 1 | 1 | | 88R6098 CXP-F |
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| 2 | 2 | | By: Allison, Dorazio H.B. No. 2111 |
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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 employment of certain federal law enforcement |
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| 8 | 8 | | agents as school district security personnel and the authority of |
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| 9 | 9 | | the chief of school safety and security for the Texas Education |
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| 10 | 10 | | Agency to carry a weapon on public school grounds. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 37.081(a), Education Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) The board of trustees of any school district may employ |
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| 15 | 15 | | security personnel, enter into a memorandum of understanding with a |
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| 16 | 16 | | local law enforcement agency for the provision of school resource |
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| 17 | 17 | | officers, and commission peace officers to carry out this |
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| 18 | 18 | | subchapter. If a board of trustees authorizes a person employed as |
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| 19 | 19 | | security personnel to carry a weapon, the person must be a |
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| 20 | 20 | | commissioned peace officer or a current or former licensed federal |
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| 21 | 21 | | law enforcement agent who is authorized to carry a weapon while on |
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| 22 | 22 | | duty. The jurisdiction of a peace officer, a school resource |
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| 23 | 23 | | officer, or security personnel under this section shall be |
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| 24 | 24 | | determined by the board of trustees and may include all territory in |
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| 25 | 25 | | the boundaries of the school district and all property outside the |
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| 26 | 26 | | boundaries of the district that is owned, leased, or rented by or |
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| 27 | 27 | | otherwise under the control of the school district and the board of |
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| 28 | 28 | | trustees that employ the peace officer or security personnel or |
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| 29 | 29 | | that enter into a memorandum of understanding for the provision of a |
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| 30 | 30 | | school resource officer. |
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| 31 | 31 | | SECTION 2. Subchapter C, Chapter 37, Education Code, is |
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| 32 | 32 | | amended by adding Section 37.089 to read as follows: |
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| 33 | 33 | | Sec. 37.089. CHIEF OF SCHOOL SAFETY AND SECURITY. |
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| 34 | 34 | | Notwithstanding Section 46.03(a)(1), Penal Code, an individual |
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| 35 | 35 | | appointed by the governor as chief of school safety and security for |
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| 36 | 36 | | the agency may carry a weapon on the grounds of any school district |
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| 37 | 37 | | or open-enrollment charter school campus or facility in this state |
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| 38 | 38 | | if the individual is a commissioned peace officer or a current or |
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| 39 | 39 | | former licensed federal law enforcement agent who is authorized to |
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| 40 | 40 | | carry a weapon while on duty. |
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| 41 | 41 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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| 42 | 42 | | school year. |
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| 43 | 43 | | SECTION 4. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2023. |
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