1 | 1 | | By: Creighton S.B. No. 1475 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to licensure and training requirements for school |
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7 | 7 | | marshals. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 37.0811(f), Education Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | (f) A school district or charter school employee's status as |
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12 | 12 | | a school marshal becomes inactive on: |
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13 | 13 | | (1) expiration of the employee's school marshal |
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14 | 14 | | license under Section 1701.260, Occupations Code; |
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15 | 15 | | (2) suspension or revocation of the employee's license |
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16 | 16 | | to carry a handgun issued under Subchapter H, Chapter 411, |
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17 | 17 | | Government Code, if the employee is required to hold that license as |
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18 | 18 | | a condition of the employee's school marshal license under Section |
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19 | 19 | | 1701.260, Occupations Code; |
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20 | 20 | | (3) termination of the employee's employment with the |
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21 | 21 | | district or charter school; or |
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22 | 22 | | (4) notice from the board of trustees of the district |
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23 | 23 | | or the governing body of the charter school that the employee's |
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24 | 24 | | services as school marshal are no longer required. |
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25 | 25 | | SECTION 2. Section 37.0813(f), Education Code, is amended |
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26 | 26 | | to read as follows: |
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27 | 27 | | (f) A private school employee's status as a school marshal |
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28 | 28 | | becomes inactive on: |
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29 | 29 | | (1) expiration of the employee's school marshal |
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30 | 30 | | license under Section 1701.260, Occupations Code; |
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31 | 31 | | (2) suspension or revocation of the employee's license |
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32 | 32 | | to carry a handgun issued under Subchapter H, Chapter 411, |
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33 | 33 | | Government Code, if the employee is required to hold that license as |
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34 | 34 | | a condition of the employee's school marshal license under Section |
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35 | 35 | | 1701.260, Occupations Code; |
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36 | 36 | | (3) termination of the employee's employment with the |
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37 | 37 | | private school; or |
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38 | 38 | | (4) notice from the governing body that the employee's |
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39 | 39 | | services as school marshal are no longer required. |
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40 | 40 | | SECTION 3. Section 51.220(g), Education Code, is amended to |
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41 | 41 | | read as follows: |
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42 | 42 | | (g) A public junior college employee's status as a school |
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43 | 43 | | marshal becomes inactive on: |
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44 | 44 | | (1) expiration of the employee's school marshal |
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45 | 45 | | license under Section 1701.260, Occupations Code; |
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46 | 46 | | (2) suspension or revocation of the employee's license |
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47 | 47 | | to carry a concealed handgun issued under Subchapter H, Chapter |
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48 | 48 | | 411, Government Code, if the employee is required to hold that |
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49 | 49 | | license as a condition of the employee's school marshal license |
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50 | 50 | | under Section 1701.260, Occupations Code; |
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51 | 51 | | (3) termination of the employee's employment with the |
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52 | 52 | | public junior college; or |
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53 | 53 | | (4) notice from the governing board of the public |
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54 | 54 | | junior college that the employee's services as school marshal are |
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55 | 55 | | no longer required. |
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56 | 56 | | SECTION 4. Subchapter C, Chapter 96, Education Code, is |
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57 | 57 | | amended by adding Section 96.42 to read as follows: |
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58 | 58 | | Sec. 96.42. CERTAIN REQUIRED TRAINING PROVIDED BY ADVANCED |
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59 | 59 | | LAW ENFORCEMENT RAPID RESPONSE TRAINING CENTER. The Advanced Law |
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60 | 60 | | Enforcement Rapid Response Training Center at Texas State |
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61 | 61 | | University--San Marcos shall offer to a person participating in a |
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62 | 62 | | school marshal training program under Section 1701.260, |
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63 | 63 | | Occupations Code, a course of instruction designed to prepare the |
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64 | 64 | | person to isolate, distract, and neutralize an active shooter. |
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65 | 65 | | SECTION 5. Section 1701.260, Occupations Code, is amended |
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66 | 66 | | by amending Subsections (a), (a-1), and (i) and adding Subsections |
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67 | 67 | | (a-2) and (c-1) to read as follows: |
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68 | 68 | | (a) The commission shall establish and maintain a training |
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69 | 69 | | program open to any employee of a school district, open-enrollment |
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70 | 70 | | charter school, private school, or public junior college who: |
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71 | 71 | | (1) holds a license to carry a handgun issued under |
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72 | 72 | | Subchapter H, Chapter 411, Government Code; |
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73 | 73 | | (2) is a retired peace officer, as defined by Section |
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74 | 74 | | 1701.3161; or |
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75 | 75 | | (3) is an honorably discharged veteran of the armed |
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76 | 76 | | forces of the United States. |
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77 | 77 | | (a-1) The training under the training program may be |
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78 | 78 | | conducted only by the commission staff or a provider approved by the |
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79 | 79 | | commission. |
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80 | 80 | | (a-2) [(a-1)] In this section, "private school" has the |
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81 | 81 | | meaning assigned by Article 2.127, Code of Criminal Procedure. |
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82 | 82 | | (c-1) For the instruction required under Subsection (c)(5), |
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83 | 83 | | the commission shall require a trainee to complete a course of |
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84 | 84 | | instruction offered by the Advanced Law Enforcement Rapid Response |
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85 | 85 | | Training Center at Texas State University--San Marcos that is |
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86 | 86 | | designed to prepare the trainee to isolate, distract, and |
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87 | 87 | | neutralize an active shooter. |
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88 | 88 | | (i) The commission shall revoke the [a person's] school |
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89 | 89 | | marshal license of a person described by Subsection (a)(1) if the |
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90 | 90 | | commission is notified by the Department of Public Safety that the |
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91 | 91 | | person's license to carry a handgun issued under Subchapter H, |
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92 | 92 | | Chapter 411, Government Code, has been suspended or revoked. A |
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93 | 93 | | person whose school marshal license is revoked may obtain |
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94 | 94 | | recertification by: |
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95 | 95 | | (1) furnishing proof to the commission that the |
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96 | 96 | | person's handgun license has been reinstated; and |
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97 | 97 | | (2) completing the initial training under Subsection |
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98 | 98 | | (c) to the satisfaction of the commission staff, paying the fee for |
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99 | 99 | | the training, and demonstrating psychological fitness on the |
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100 | 100 | | psychological examination described in Subsection (d). |
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101 | 101 | | SECTION 6. Not later than April 1, 2024, the Texas |
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102 | 102 | | Commission on Law Enforcement shall: |
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103 | 103 | | (1) develop a school marshal training program under |
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104 | 104 | | Section 1701.260, Occupations Code, as amended by this Act, that |
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105 | 105 | | may be offered over a number of consecutive Saturdays during a |
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106 | 106 | | school year; and |
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107 | 107 | | (2) subject to the availability of funding, authorize |
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108 | 108 | | two additional providers to offer school marshal training programs |
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109 | 109 | | under Section 1701.260, Occupations Code, as amended by this Act, |
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110 | 110 | | in areas of this state in which those programs are not offered on or |
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111 | 111 | | before the effective date of this Act. |
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112 | 112 | | SECTION 7. This Act takes effect September 1, 2023. |
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