88R14168 PRL-D
By: Isaac, Troxclair, Canales, Dorazio, H.B. No. 4470
Frazier, et al.
A BILL TO BE ENTITLED
AN ACT
relating to school marshals, including eligibility for appointment
as a school marshal, and licensure and training requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.127(d), Code of Criminal Procedure, is
amended to read as follows:
(d) A person may not serve as a school marshal unless the
person is:
(1) either:
(A) licensed under Section 1701.260, Occupations
Code; or
(B) a school volunteer who is:
(i) an honorably discharged veteran or
active duty member of the armed forces of the United States;
(ii) a peace officer;
(iii) a reserve law enforcement officer, as
defined by Section 1701.001, Occupations Code; or
(iv) a retired peace officer, as defined by
Section 1701.3161, Occupations Code; and
(2) appointed by:
(A) the board of trustees of a school district or
the governing body of an open-enrollment charter school under
Section 37.0811, Education Code;
(B) the governing body of a private school under
Section 37.0813, Education Code; or
(C) the governing board of a public junior
college under Section 51.220, Education Code.
SECTION 2. Section 37.0811, Education Code, is amended by
amending Subsections (b), (f), and (h) and adding Subsection (b-1)
to read as follows:
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school may select for
appointment as a school marshal under this section an applicant who
is either:
(1) an employee of the school district or
open-enrollment charter school and certified as eligible for
appointment under Section 1701.260, Occupations Code; or
(2) a school district or open-enrollment charter
school volunteer who is:
(A) an honorably discharged veteran or active
duty member of the armed forces of the United States;
(B) a peace officer;
(C) a reserve law enforcement officer, as defined
by Section 1701.001, Occupations Code; or
(D) a retired peace officer, as defined by
Section 1701.3161, Occupations Code.
(b-1) The board of trustees of a school district or the
governing body of an open-enrollment charter school may, but shall
not be required to, reimburse the amount paid by an [the] applicant
for appointment as a school marshal to participate in the training
program under Section 1701.260, Occupations Code [that section].
(f) A person's [school district or charter school
employee's] status as a school marshal becomes inactive on:
(1) expiration of the person's [employee's] school
marshal license under Section 1701.260, Occupations Code, if the
person is required to hold that license as a condition of the
person's school marshal license;
(2) suspension or revocation of the person's
[employee's] license to carry a handgun issued under Subchapter H,
Chapter 411, Government Code, if the person is required to hold that
license as a condition of the person's school marshal license under
Section 1701.260, Occupations Code;
(3) termination of the person's [employee's]
employment or volunteer service, as applicable, with the district
or charter school; or
(4) notice from the board of trustees of the district
or the governing body of the charter school that the person's
[employee's] services as school marshal are no longer required.
(h) If a parent or guardian of a student enrolled at a school
inquires in writing, the school district or open-enrollment charter
school shall provide the parent or guardian written notice
indicating whether any person [employee of the school] is currently
appointed a school marshal. The notice may not disclose
information that is confidential under Subsection (g).
SECTION 3. Sections 37.0813(b), (f), and (h), Education
Code, are amended to read as follows:
(b) The governing body of a private school may select for
appointment as a school marshal under this section an applicant who
is either:
(1) an employee of the school and certified as
eligible for appointment under Section 1701.260, Occupations Code;
or
(2) a school volunteer who is:
(A) an honorably discharged veteran or active
duty member of the armed forces of the United States;
(B) a peace officer;
(C) a reserve law enforcement officer, as defined
by Section 1701.001, Occupations Code; or
(D) a retired peace officer, as defined by
Section 1701.3161, Occupations Code.
(f) A person's [private school employee's] status as a
school marshal becomes inactive on:
(1) expiration of the person's [employee's] school
marshal license under Section 1701.260, Occupations Code, if the
person is required to hold that license as a condition of the
person's school marshal license;
(2) suspension or revocation of the person's
[employee's] license to carry a handgun issued under Subchapter H,
Chapter 411, Government Code, if the person is required to hold that
license as a condition of the person's school marshal license under
Section 1701.260, Occupations Code;
(3) termination of the person's [employee's]
employment or volunteer service, as applicable, with the private
school; or
(4) notice from the governing body that the person's
[employee's] services as school marshal are no longer required.
(h) If a parent or guardian of a student enrolled at a
private school inquires in writing, the school shall provide the
parent or guardian written notice indicating whether any person
[employee of the school] is currently appointed a school marshal.
The notice may not disclose information that is confidential under
Subsection (g).
SECTION 4. Section 51.220, Education Code, is amended by
amending Subsections (c), (g), and (i) and adding Subsection (c-1)
to read as follows:
(c) The governing board of a public junior college may
select for appointment as a school marshal under this section an
applicant who is either:
(1) an employee of the public junior college and
certified as eligible for appointment under Section 1701.260,
Occupations Code; or
(2) a volunteer of the public junior college who is:
(A) an honorably discharged veteran or active
duty member of the armed forces of the United States;
(B) a peace officer;
(C) a reserve law enforcement officer, as defined
by Section 1701.001, Occupations Code; or
(D) a retired peace officer, as defined by
Section 1701.3161, Occupations Code.
(c-1) The governing board of a public junior college may,
but shall not be required to, reimburse the amount paid by an [the]
applicant for appointment as a school marshal to participate in the
training program under Section 1701.260, Occupations Code [that
section].
(g) A person's [public junior college employee's] status as
a school marshal becomes inactive on:
(1) expiration of the person's [employee's] school
marshal license under Section 1701.260, Occupations Code, if the
person is required to hold that license as a condition of the
person's school marshal license;
(2) suspension or revocation of the person's
[employee's] license to carry a concealed handgun issued under
Subchapter H, Chapter 411, Government Code, if the person is
required to hold that license as a condition of the person's school
marshal license under Section 1701.260, Occupations Code;
(3) termination of the person's [employee's]
employment or volunteer service, as applicable, with the public
junior college; or
(4) notice from the governing board of the public
junior college that the person's [employee's] services as school
marshal are no longer required.
(i) If a parent or guardian of a student enrolled at a public
junior college inquires in writing, the governing board of the
public junior college shall provide the parent or guardian written
notice indicating whether any person [employee of the public junior
college] is currently appointed a school marshal. The notice may
not disclose information that is confidential under Subsection (h).
SECTION 5. Section 1701.001(8), Occupations Code, is
amended to read as follows:
(8) "School marshal" means a person who:
(A) is appointed to serve as a school marshal by:
(i) the board of trustees of a school
district or the governing body of an open-enrollment charter school
under Section 37.0811, Education Code;
(ii) the governing body of a private school
under Section 37.0813, Education Code; or
(iii) the governing board of a public
junior college under Section 51.220, Education Code;
(B) is:
(i) licensed under Section 1701.260;
(ii) an honorably discharged veteran or
active duty member of the armed forces of the United States;
(iii) a peace officer;
(iv) a reserve law enforcement officer; or
(v) a retired peace officer, as defined by
Section 1701.3161; and
(C) has powers and duties described by Article
2.127, Code of Criminal Procedure.
SECTION 6. Section 1701.260, Occupations Code, is amended
by amending Subsections (a), (a-1), (b), (i), and (j) and adding
Subsection (a-2) to read as follows:
(a) The commission shall establish and maintain a training
program open to any employee or volunteer of a school district,
open-enrollment charter school, private school, or public junior
college:
(1) for an employee, who holds a license to carry a
handgun issued under Subchapter H, Chapter 411, Government Code; or
(2) for a volunteer, who is:
(A) an honorably discharged veteran or active
duty member of the armed forces of the United States;
(B) a peace officer;
(C) a reserve law enforcement officer, as defined
by Section 1701.001; or
(D) a retired peace officer, as defined by
Section 1701.3161.
(a-1) The training under the training program may be
conducted only by the commission staff or a provider approved by the
commission.
(a-2) [(a-1)] In this section, "private school" has the
meaning assigned by Article 2.127, Code of Criminal Procedure.
(b) The commission shall collect from each person who
participates in the training program identifying information that
includes the person's name, the person's date of birth, the license
number of the license issued to the person under Subchapter H,
Chapter 411, Government Code, and the address of the person's place
of employment or volunteer service, as applicable.
(i) The commission shall revoke the [a person's] school
marshal license of a person described by Subsection (a)(1) if the
commission is notified by the Department of Public Safety that the
person's license to carry a handgun issued under Subchapter H,
Chapter 411, Government Code, has been suspended or revoked. A
person whose school marshal license is revoked may obtain
recertification by:
(1) furnishing proof to the commission that the
person's handgun license has been reinstated; and
(2) completing the initial training under Subsection
(c) to the satisfaction of the commission staff, paying the fee for
the training, and demonstrating psychological fitness on the
psychological examination described in Subsection (d).
(j) The commission shall submit the identifying information
collected under Subsection (b) for each person licensed by the
commission under this section to:
(1) the director of the Department of Public Safety;
(2) the [person's employer, if the person is employed
by a] school district, open-enrollment charter school, private
school, or public junior college at which the person is employed or
volunteers;
(3) the chief law enforcement officer of the local
municipal law enforcement agency if the person is employed or
volunteers at a campus of a school district, open-enrollment
charter school, private school, or public junior college located
within a municipality;
(4) the sheriff of the county if the person is employed
or volunteers at a campus of a school district, open-enrollment
charter school, private school, or public junior college that is
not located within a municipality; and
(5) the chief administrator of any peace officer
commissioned under Section 37.081 or 51.203, Education Code, if the
person is employed or volunteers at a school district or public
junior college that has commissioned a peace officer under either
section.
SECTION 7. This Act takes effect September 1, 2023.