| 1 | 1 | | 88R14168 PRL-D |
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| 2 | 2 | | By: Isaac, Troxclair, Canales, Dorazio, H.B. No. 4470 |
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| 3 | 3 | | Frazier, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to school marshals, including eligibility for appointment |
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| 9 | 9 | | as a school marshal, and licensure and training requirements. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 2.127(d), Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (d) A person may not serve as a school marshal unless the |
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| 14 | 14 | | person is: |
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| 15 | 15 | | (1) either: |
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| 16 | 16 | | (A) licensed under Section 1701.260, Occupations |
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| 17 | 17 | | Code; or |
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| 18 | 18 | | (B) a school volunteer who is: |
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| 19 | 19 | | (i) an honorably discharged veteran or |
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| 20 | 20 | | active duty member of the armed forces of the United States; |
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| 21 | 21 | | (ii) a peace officer; |
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| 22 | 22 | | (iii) a reserve law enforcement officer, as |
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| 23 | 23 | | defined by Section 1701.001, Occupations Code; or |
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| 24 | 24 | | (iv) a retired peace officer, as defined by |
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| 25 | 25 | | Section 1701.3161, Occupations Code; and |
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| 26 | 26 | | (2) appointed by: |
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| 27 | 27 | | (A) the board of trustees of a school district or |
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| 28 | 28 | | the governing body of an open-enrollment charter school under |
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| 29 | 29 | | Section 37.0811, Education Code; |
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| 30 | 30 | | (B) the governing body of a private school under |
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| 31 | 31 | | Section 37.0813, Education Code; or |
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| 32 | 32 | | (C) the governing board of a public junior |
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| 33 | 33 | | college under Section 51.220, Education Code. |
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| 34 | 34 | | SECTION 2. Section 37.0811, Education Code, is amended by |
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| 35 | 35 | | amending Subsections (b), (f), and (h) and adding Subsection (b-1) |
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| 36 | 36 | | to read as follows: |
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| 37 | 37 | | (b) The board of trustees of a school district or the |
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| 38 | 38 | | governing body of an open-enrollment charter school may select for |
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| 39 | 39 | | appointment as a school marshal under this section an applicant who |
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| 40 | 40 | | is either: |
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| 41 | 41 | | (1) an employee of the school district or |
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| 42 | 42 | | open-enrollment charter school and certified as eligible for |
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| 43 | 43 | | appointment under Section 1701.260, Occupations Code; or |
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| 44 | 44 | | (2) a school district or open-enrollment charter |
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| 45 | 45 | | school volunteer who is: |
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| 46 | 46 | | (A) an honorably discharged veteran or active |
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| 47 | 47 | | duty member of the armed forces of the United States; |
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| 48 | 48 | | (B) a peace officer; |
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| 49 | 49 | | (C) a reserve law enforcement officer, as defined |
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| 50 | 50 | | by Section 1701.001, Occupations Code; or |
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| 51 | 51 | | (D) a retired peace officer, as defined by |
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| 52 | 52 | | Section 1701.3161, Occupations Code. |
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| 53 | 53 | | (b-1) The board of trustees of a school district or the |
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| 54 | 54 | | governing body of an open-enrollment charter school may, but shall |
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| 55 | 55 | | not be required to, reimburse the amount paid by an [the] applicant |
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| 56 | 56 | | for appointment as a school marshal to participate in the training |
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| 57 | 57 | | program under Section 1701.260, Occupations Code [that section]. |
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| 58 | 58 | | (f) A person's [school district or charter school |
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| 59 | 59 | | employee's] status as a school marshal becomes inactive on: |
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| 60 | 60 | | (1) expiration of the person's [employee's] school |
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| 61 | 61 | | marshal license under Section 1701.260, Occupations Code, if the |
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| 62 | 62 | | person is required to hold that license as a condition of the |
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| 63 | 63 | | person's school marshal license; |
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| 64 | 64 | | (2) suspension or revocation of the person's |
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| 65 | 65 | | [employee's] license to carry a handgun issued under Subchapter H, |
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| 66 | 66 | | Chapter 411, Government Code, if the person is required to hold that |
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| 67 | 67 | | license as a condition of the person's school marshal license under |
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| 68 | 68 | | Section 1701.260, Occupations Code; |
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| 69 | 69 | | (3) termination of the person's [employee's] |
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| 70 | 70 | | employment or volunteer service, as applicable, with the district |
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| 71 | 71 | | or charter school; or |
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| 72 | 72 | | (4) notice from the board of trustees of the district |
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| 73 | 73 | | or the governing body of the charter school that the person's |
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| 74 | 74 | | [employee's] services as school marshal are no longer required. |
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| 75 | 75 | | (h) If a parent or guardian of a student enrolled at a school |
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| 76 | 76 | | inquires in writing, the school district or open-enrollment charter |
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| 77 | 77 | | school shall provide the parent or guardian written notice |
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| 78 | 78 | | indicating whether any person [employee of the school] is currently |
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| 79 | 79 | | appointed a school marshal. The notice may not disclose |
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| 80 | 80 | | information that is confidential under Subsection (g). |
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| 81 | 81 | | SECTION 3. Sections 37.0813(b), (f), and (h), Education |
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| 82 | 82 | | Code, are amended to read as follows: |
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| 83 | 83 | | (b) The governing body of a private school may select for |
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| 84 | 84 | | appointment as a school marshal under this section an applicant who |
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| 85 | 85 | | is either: |
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| 86 | 86 | | (1) an employee of the school and certified as |
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| 87 | 87 | | eligible for appointment under Section 1701.260, Occupations Code; |
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| 88 | 88 | | or |
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| 89 | 89 | | (2) a school volunteer who is: |
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| 90 | 90 | | (A) an honorably discharged veteran or active |
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| 91 | 91 | | duty member of the armed forces of the United States; |
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| 92 | 92 | | (B) a peace officer; |
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| 93 | 93 | | (C) a reserve law enforcement officer, as defined |
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| 94 | 94 | | by Section 1701.001, Occupations Code; or |
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| 95 | 95 | | (D) a retired peace officer, as defined by |
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| 96 | 96 | | Section 1701.3161, Occupations Code. |
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| 97 | 97 | | (f) A person's [private school employee's] status as a |
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| 98 | 98 | | school marshal becomes inactive on: |
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| 99 | 99 | | (1) expiration of the person's [employee's] school |
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| 100 | 100 | | marshal license under Section 1701.260, Occupations Code, if the |
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| 101 | 101 | | person is required to hold that license as a condition of the |
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| 102 | 102 | | person's school marshal license; |
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| 103 | 103 | | (2) suspension or revocation of the person's |
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| 104 | 104 | | [employee's] license to carry a handgun issued under Subchapter H, |
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| 105 | 105 | | Chapter 411, Government Code, if the person is required to hold that |
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| 106 | 106 | | license as a condition of the person's school marshal license under |
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| 107 | 107 | | Section 1701.260, Occupations Code; |
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| 108 | 108 | | (3) termination of the person's [employee's] |
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| 109 | 109 | | employment or volunteer service, as applicable, with the private |
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| 110 | 110 | | school; or |
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| 111 | 111 | | (4) notice from the governing body that the person's |
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| 112 | 112 | | [employee's] services as school marshal are no longer required. |
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| 113 | 113 | | (h) If a parent or guardian of a student enrolled at a |
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| 114 | 114 | | private school inquires in writing, the school shall provide the |
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| 115 | 115 | | parent or guardian written notice indicating whether any person |
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| 116 | 116 | | [employee of the school] is currently appointed a school marshal. |
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| 117 | 117 | | The notice may not disclose information that is confidential under |
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| 118 | 118 | | Subsection (g). |
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| 119 | 119 | | SECTION 4. Section 51.220, Education Code, is amended by |
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| 120 | 120 | | amending Subsections (c), (g), and (i) and adding Subsection (c-1) |
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| 121 | 121 | | to read as follows: |
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| 122 | 122 | | (c) The governing board of a public junior college may |
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| 123 | 123 | | select for appointment as a school marshal under this section an |
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| 124 | 124 | | applicant who is either: |
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| 125 | 125 | | (1) an employee of the public junior college and |
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| 126 | 126 | | certified as eligible for appointment under Section 1701.260, |
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| 127 | 127 | | Occupations Code; or |
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| 128 | 128 | | (2) a volunteer of the public junior college who is: |
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| 129 | 129 | | (A) an honorably discharged veteran or active |
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| 130 | 130 | | duty member of the armed forces of the United States; |
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| 131 | 131 | | (B) a peace officer; |
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| 132 | 132 | | (C) a reserve law enforcement officer, as defined |
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| 133 | 133 | | by Section 1701.001, Occupations Code; or |
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| 134 | 134 | | (D) a retired peace officer, as defined by |
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| 135 | 135 | | Section 1701.3161, Occupations Code. |
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| 136 | 136 | | (c-1) The governing board of a public junior college may, |
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| 137 | 137 | | but shall not be required to, reimburse the amount paid by an [the] |
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| 138 | 138 | | applicant for appointment as a school marshal to participate in the |
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| 139 | 139 | | training program under Section 1701.260, Occupations Code [that |
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| 140 | 140 | | section]. |
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| 141 | 141 | | (g) A person's [public junior college employee's] status as |
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| 142 | 142 | | a school marshal becomes inactive on: |
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| 143 | 143 | | (1) expiration of the person's [employee's] school |
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| 144 | 144 | | marshal license under Section 1701.260, Occupations Code, if the |
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| 145 | 145 | | person is required to hold that license as a condition of the |
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| 146 | 146 | | person's school marshal license; |
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| 147 | 147 | | (2) suspension or revocation of the person's |
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| 148 | 148 | | [employee's] license to carry a concealed handgun issued under |
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| 149 | 149 | | Subchapter H, Chapter 411, Government Code, if the person is |
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| 150 | 150 | | required to hold that license as a condition of the person's school |
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| 151 | 151 | | marshal license under Section 1701.260, Occupations Code; |
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| 152 | 152 | | (3) termination of the person's [employee's] |
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| 153 | 153 | | employment or volunteer service, as applicable, with the public |
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| 154 | 154 | | junior college; or |
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| 155 | 155 | | (4) notice from the governing board of the public |
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| 156 | 156 | | junior college that the person's [employee's] services as school |
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| 157 | 157 | | marshal are no longer required. |
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| 158 | 158 | | (i) If a parent or guardian of a student enrolled at a public |
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| 159 | 159 | | junior college inquires in writing, the governing board of the |
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| 160 | 160 | | public junior college shall provide the parent or guardian written |
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| 161 | 161 | | notice indicating whether any person [employee of the public junior |
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| 162 | 162 | | college] is currently appointed a school marshal. The notice may |
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| 163 | 163 | | not disclose information that is confidential under Subsection (h). |
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| 164 | 164 | | SECTION 5. Section 1701.001(8), Occupations Code, is |
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| 165 | 165 | | amended to read as follows: |
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| 166 | 166 | | (8) "School marshal" means a person who: |
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| 167 | 167 | | (A) is appointed to serve as a school marshal by: |
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| 168 | 168 | | (i) the board of trustees of a school |
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| 169 | 169 | | district or the governing body of an open-enrollment charter school |
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| 170 | 170 | | under Section 37.0811, Education Code; |
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| 171 | 171 | | (ii) the governing body of a private school |
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| 172 | 172 | | under Section 37.0813, Education Code; or |
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| 173 | 173 | | (iii) the governing board of a public |
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| 174 | 174 | | junior college under Section 51.220, Education Code; |
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| 175 | 175 | | (B) is: |
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| 176 | 176 | | (i) licensed under Section 1701.260; |
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| 177 | 177 | | (ii) an honorably discharged veteran or |
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| 178 | 178 | | active duty member of the armed forces of the United States; |
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| 179 | 179 | | (iii) a peace officer; |
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| 180 | 180 | | (iv) a reserve law enforcement officer; or |
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| 181 | 181 | | (v) a retired peace officer, as defined by |
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| 182 | 182 | | Section 1701.3161; and |
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| 183 | 183 | | (C) has powers and duties described by Article |
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| 184 | 184 | | 2.127, Code of Criminal Procedure. |
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| 185 | 185 | | SECTION 6. Section 1701.260, Occupations Code, is amended |
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| 186 | 186 | | by amending Subsections (a), (a-1), (b), (i), and (j) and adding |
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| 187 | 187 | | Subsection (a-2) to read as follows: |
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| 188 | 188 | | (a) The commission shall establish and maintain a training |
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| 189 | 189 | | program open to any employee or volunteer of a school district, |
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| 190 | 190 | | open-enrollment charter school, private school, or public junior |
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| 191 | 191 | | college: |
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| 192 | 192 | | (1) for an employee, who holds a license to carry a |
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| 193 | 193 | | handgun issued under Subchapter H, Chapter 411, Government Code; or |
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| 194 | 194 | | (2) for a volunteer, who is: |
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| 195 | 195 | | (A) an honorably discharged veteran or active |
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| 196 | 196 | | duty member of the armed forces of the United States; |
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| 197 | 197 | | (B) a peace officer; |
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| 198 | 198 | | (C) a reserve law enforcement officer, as defined |
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| 199 | 199 | | by Section 1701.001; or |
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| 200 | 200 | | (D) a retired peace officer, as defined by |
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| 201 | 201 | | Section 1701.3161. |
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| 202 | 202 | | (a-1) The training under the training program may be |
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| 203 | 203 | | conducted only by the commission staff or a provider approved by the |
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| 204 | 204 | | commission. |
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| 205 | 205 | | (a-2) [(a-1)] In this section, "private school" has the |
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| 206 | 206 | | meaning assigned by Article 2.127, Code of Criminal Procedure. |
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| 207 | 207 | | (b) The commission shall collect from each person who |
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| 208 | 208 | | participates in the training program identifying information that |
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| 209 | 209 | | includes the person's name, the person's date of birth, the license |
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| 210 | 210 | | number of the license issued to the person under Subchapter H, |
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| 211 | 211 | | Chapter 411, Government Code, and the address of the person's place |
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| 212 | 212 | | of employment or volunteer service, as applicable. |
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| 213 | 213 | | (i) The commission shall revoke the [a person's] school |
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| 214 | 214 | | marshal license of a person described by Subsection (a)(1) if the |
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| 215 | 215 | | commission is notified by the Department of Public Safety that the |
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| 216 | 216 | | person's license to carry a handgun issued under Subchapter H, |
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| 217 | 217 | | Chapter 411, Government Code, has been suspended or revoked. A |
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| 218 | 218 | | person whose school marshal license is revoked may obtain |
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| 219 | 219 | | recertification by: |
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| 220 | 220 | | (1) furnishing proof to the commission that the |
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| 221 | 221 | | person's handgun license has been reinstated; and |
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| 222 | 222 | | (2) completing the initial training under Subsection |
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| 223 | 223 | | (c) to the satisfaction of the commission staff, paying the fee for |
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| 224 | 224 | | the training, and demonstrating psychological fitness on the |
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| 225 | 225 | | psychological examination described in Subsection (d). |
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| 226 | 226 | | (j) The commission shall submit the identifying information |
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| 227 | 227 | | collected under Subsection (b) for each person licensed by the |
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| 228 | 228 | | commission under this section to: |
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| 229 | 229 | | (1) the director of the Department of Public Safety; |
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| 230 | 230 | | (2) the [person's employer, if the person is employed |
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| 231 | 231 | | by a] school district, open-enrollment charter school, private |
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| 232 | 232 | | school, or public junior college at which the person is employed or |
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| 233 | 233 | | volunteers; |
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| 234 | 234 | | (3) the chief law enforcement officer of the local |
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| 235 | 235 | | municipal law enforcement agency if the person is employed or |
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| 236 | 236 | | volunteers at a campus of a school district, open-enrollment |
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| 237 | 237 | | charter school, private school, or public junior college located |
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| 238 | 238 | | within a municipality; |
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| 239 | 239 | | (4) the sheriff of the county if the person is employed |
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| 240 | 240 | | or volunteers at a campus of a school district, open-enrollment |
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| 241 | 241 | | charter school, private school, or public junior college that is |
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| 242 | 242 | | not located within a municipality; and |
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| 243 | 243 | | (5) the chief administrator of any peace officer |
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| 244 | 244 | | commissioned under Section 37.081 or 51.203, Education Code, if the |
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| 245 | 245 | | person is employed or volunteers at a school district or public |
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| 246 | 246 | | junior college that has commissioned a peace officer under either |
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| 247 | 247 | | section. |
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| 248 | 248 | | SECTION 7. This Act takes effect September 1, 2023. |
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