| 1 | 1 | | By: Curry H.B. No. 1340 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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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 certain federal law enforcement agents serving as armed |
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| 9 | 9 | | security officers at public schools and the authority of the chief |
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| 10 | 10 | | of school safety and security for the Texas Education Agency to |
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| 11 | 11 | | carry a weapon on public school grounds. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 37.0814(b), Education Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (b) A security officer described by Subsection (a) must be: |
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| 16 | 16 | | (1) a school district peace officer; |
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| 17 | 17 | | (2) a school resource officer; [or] |
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| 18 | 18 | | (3) a commissioned peace officer employed as security |
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| 19 | 19 | | personnel under Section 37.081; or |
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| 20 | 20 | | (4) a current or former licensed federal law |
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| 21 | 21 | | enforcement agent who is authorized to carry a weapon while on duty. |
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| 22 | 22 | | SECTION 2. Subchapter C, Chapter 37, Education Code, is |
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| 23 | 23 | | amended by adding Section 37.088 to read as follows: |
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| 24 | 24 | | Sec. 37.088. CHIEF OF SCHOOL SAFETY AND SECURITY. An |
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| 25 | 25 | | individual appointed by the governor as chief of school safety and |
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| 26 | 26 | | security for the agency may carry a weapon on the grounds of any |
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| 27 | 27 | | school district or open-enrollment charter school campus or |
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| 28 | 28 | | facility in this state if the individual is a commissioned peace |
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| 29 | 29 | | officer or a current or former licensed federal law enforcement |
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| 30 | 30 | | agent who is authorized to carry a weapon while on duty. |
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| 31 | 31 | | SECTION 3. Section 46.15, Penal Code, is amended by adding |
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| 32 | 32 | | Subsection (s) to read as follows: |
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| 33 | 33 | | (s) Section 46.03(a)(1) does not apply to a person appointed |
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| 34 | 34 | | as chief of school safety and security for the Texas Education |
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| 35 | 35 | | Agency if the person is: |
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| 36 | 36 | | (1) carrying the weapon on the premises of a public |
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| 37 | 37 | | primary or secondary school or on any grounds or building owned by |
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| 38 | 38 | | and under the control of the school; and |
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| 39 | 39 | | (2) authorized to carry a weapon under Section 37.088, |
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| 40 | 40 | | Education Code. |
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| 41 | 41 | | SECTION 4. Section 46.15, Penal Code, as amended by this |
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| 42 | 42 | | Act, applies only to an offense committed on or after the effective |
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| 43 | 43 | | date of this Act. An offense committed before the effective date of |
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| 44 | 44 | | this Act is governed by the law in effect on the date the offense was |
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| 45 | 45 | | committed, and the former law is continued in effect for that |
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| 46 | 46 | | purpose. For purposes of this section, an offense was committed |
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| 47 | 47 | | before the effective date of this Act if any element of the offense |
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| 48 | 48 | | occurred before that date. |
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| 49 | 49 | | SECTION 5. Section 37.0814, Education Code, as amended by |
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| 50 | 50 | | this Act, applies beginning with the 2025-2026 school year. |
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| 51 | 51 | | SECTION 6. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2025. |
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