88R4406 JTZ-D
By: Campbell S.B. No. 709
A BILL TO BE ENTITLED
AN ACT
relating to school marshals, including eligibility for appointment
as a school marshal, licensure and training requirements, and
school marshal uniforms or badges.
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) licensed:
(A) as a peace officer under Chapter 1701,
Occupations Code; or
(B) under Section 1701.260, 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 Subsections
(b-1), (i), and (j) 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:
(1) either:
(A) an employee of the school district or
open-enrollment charter school; or
(B) a school district or open-enrollment charter
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) either:
(A) certified as eligible for appointment under
Section 1701.260, Occupations Code; or
(B) licensed as a peace officer under Chapter
1701, 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, or peace
officer license under Chapter 1701, Occupations Code, as
applicable;
(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 licensed as a school
marshal 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).
(i) The board of trustees of a school district or the
governing body of an open-enrollment charter school may require or
authorize a person appointed school marshal to wear a distinctive
uniform or badge indicating the person's status as a school
marshal.
(j) A school district or open-enrollment charter school
shall provide to each newly appointed school marshal training
specific to the campus at which the school marshal is employed or
volunteers that includes:
(1) an overview of campus grounds and facilities;
(2) daily schedules;
(3) the district's or school's multihazard emergency
operations plan adopted under Section 37.108; and
(4) the contact information for any person to be
notified in the event of an emergency or a nonemergency incident.
SECTION 3. Section 37.0813, Education Code, is amended by
amending Subsections (b), (f), and (h) and adding Subsections (j)
and (k) 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:
(1) either:
(A) an employee of the school; 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) either:
(A) certified as eligible for appointment under
Section 1701.260, Occupations Code; or
(B) licensed as a peace officer under Chapter
1701, 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, or peace
officer license under Chapter 1701, Occupations Code, as
applicable;
(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 licensed as a school
marshal 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).
(j) The governing body of a private school may require or
authorize a person appointed school marshal to wear a distinctive
uniform or badge indicating the person's status as a school
marshal.
(k) A private school shall provide to each newly appointed
school marshal training specific to the campus at which the school
marshal is employed or volunteers that includes:
(1) an overview of campus grounds and facilities;
(2) daily schedules;
(3) any emergency operations plan adopted by the
school; and
(4) the contact information for any person to be
notified in the event of an emergency or a nonemergency incident.
SECTION 4. Section 51.220, Education Code, is amended by
amending Subsections (c), (g), and (i) and adding Subsections
(c-1), (j), and (k) 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:
(1) either:
(A) an employee of the public junior college; or
(B) a volunteer of the public junior college 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) either:
(A) certified as eligible for appointment under
Section 1701.260, Occupations Code; or
(B) licensed as a peace officer under Chapter
1701, 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, or peace
officer license under Chapter 1701, Occupations Code, as
applicable;
(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
licensed as a school marshal 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).
(j) The governing body of a public junior college may
require or authorize a person appointed school marshal to wear a
distinctive uniform or badge indicating the person's status as a
school marshal.
(k) A public junior college shall provide to each newly
appointed school marshal training specific to the campus at which
the school marshal is employed or volunteers that includes:
(1) an overview of campus grounds and facilities;
(2) daily schedules;
(3) the college's multihazard emergency operations
plan adopted under Section 37.108; and
(4) the contact information for any person to be
notified in the event of an emergency or a nonemergency incident.
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 licensed:
(i) as a peace officer under this chapter;
or
(ii) under Section 1701.260; 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), (b), and (j) and adding Subsection
(f-1) to read as follows:
(a) The commission shall establish and maintain a training
program open to any employee or school volunteer of a school
district, open-enrollment charter school, private school, or
public junior college who holds a license to carry a handgun issued
under Subchapter H, Chapter 411, Government Code. The training may
be conducted only by the commission staff or a provider approved by
the commission.
(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.
(f-1) The commission shall require each person licensed
under this section to successfully complete a handgun proficiency
test as prescribed by commission rule not later than August 1 of
each year in order to maintain the person's license.
(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. Section 1701.260(f-1), Occupations Code, as
added by this Act, applies only to a license issued or renewed under
that section on or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2023.