Texas 2023 - 88th Regular

Texas House Bill HB4007 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12579 TSS-D
2	2	By: Slawson H.B. No. 4007
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the open carrying of a handgun by a uniformed school
8	8	marshal.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 37.0811(c) and (d), Education Code, are
11	11	amended to read as follows:
12	12	(c) A school marshal appointed by the board of trustees of a
13	13	school district or the governing body of an open-enrollment charter
14	14	school may carry [a concealed handgun] or possess a handgun on the
15	15	physical premises of a school, but only:
16	16	(1) in the manner provided by written regulations
17	17	adopted by the board of trustees or the governing body; and
18	18	(2) at a specific school as specified by the board of
19	19	trustees or governing body, as applicable.
20	20	(d) Any written regulations adopted for purposes of
21	21	Subsection (c) must:
22	22	(1) provide that a school marshal may:
23	23	(A) carry a concealed handgun on the school
24	24	marshal's person;
25	25	(B) if wearing a uniform identifying the marshal
26	26	as a school marshal, openly carry a handgun on the school marshal's
27	27	person; or
28	28	(C) possess the handgun on the physical premises
29	29	of a school in a locked and secured safe or other locked and secured
30	30	location; and
31	31	(2) [. The written regulations must also] require
32	32	that a handgun carried or possessed by a school marshal [may] be
33	33	loaded only with frangible duty ammunition approved for that
34	34	purpose by the Texas Commission on Law Enforcement.
35	35	SECTION 2. Sections 37.0813(c) and (d), Education Code, are
36	36	amended to read as follows:
37	37	(c) A school marshal appointed by the governing body of a
38	38	private school may carry [a concealed handgun] or possess a handgun
39	39	on the physical premises of a school, but only in the manner
40	40	provided by written regulations adopted by the governing body.
41	41	(d) Any written regulations adopted for purposes of
42	42	Subsection (c) must:
43	43	(1) provide that a school marshal may:
44	44	(A) carry a concealed handgun on the school
45	45	marshal's person;
46	46	(B) if wearing a uniform identifying the marshal
47	47	as a school marshal, openly carry a handgun on the school marshal's
48	48	person; or
49	49	(C) possess the handgun on the physical premises
50	50	of a school in a locked and secured safe or other locked and secured
51	51	location; and
52	52	(2) [. The written regulations must also] require
53	53	that a handgun carried or possessed by a school marshal [may] be
54	54	loaded only with frangible duty ammunition approved for that
55	55	purpose by the Texas Commission on Law Enforcement.
56	56	SECTION 3. Section 51.220(d), Education Code, is amended to
57	57	read as follows:
58	58	(d) A school marshal appointed by the governing board of a
59	59	public junior college may carry [a concealed handgun] or possess a
60	60	handgun on the physical premises of a public junior college campus,
61	61	but only:
62	62	(1) in the manner provided by written regulations
63	63	adopted by the governing board; and
64	64	(2) at a specific public junior college campus as
65	65	specified by the governing board.
66	66	SECTION 4. Section 51.220(e), Education Code, as amended by
67	67	Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th
68	68	Legislature, Regular Session, 2021, is reenacted and amended to
69	69	read as follows:
70	70	(e) Any written regulations adopted for purposes of
71	71	Subsection (d):
72	72	(1) must [:
73	73	[(A)] authorize a school marshal to:
74	74	(A) carry a concealed handgun [as described by
75	75	Subsection (d)] on the school marshal's person;
76	76	(B) if wearing a uniform identifying the marshal
77	77	as a school marshal, openly carry a handgun on the school marshal's
78	78	person; or
79	79	(C) possess the handgun on the physical premises
80	80	of a public junior college campus in a locked and secured safe or
81	81	other locked and secured location; [and]
82	82	(2) must [(B)] require that a handgun carried or
83	83	possessed by a school marshal [to] be loaded only with frangible
84	84	duty ammunition approved for that purpose by the Texas Commission
85	85	on Law Enforcement; and
86	86	(3) [(2)] may not require a school marshal to store
87	87	the handgun in a locked container while on duty.
88	88	SECTION 5. This Act applies beginning with the 2023-2024
89	89	school year.
90	90	SECTION 6. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2023.