By: Curry H.B. No. 1340
A BILL TO BE ENTITLED
AN ACT
relating to certain federal law enforcement agents serving as armed
security officers at public schools and the authority of the chief
of school safety and security for the Texas Education Agency to
carry a weapon on public school grounds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0814(b), Education Code, is amended
to read as follows:
(b) A security officer described by Subsection (a) must be:
(1) a school district peace officer;
(2) a school resource officer; [or]
(3) a commissioned peace officer employed as security
personnel under Section 37.081; or
(4) a current or former licensed federal law
enforcement agent who is authorized to carry a weapon while on duty.
SECTION 2. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.088 to read as follows:
Sec. 37.088. CHIEF OF SCHOOL SAFETY AND SECURITY. An
individual appointed by the governor as chief of school safety and
security for the agency may carry a weapon on the grounds of any
school district or open-enrollment charter school campus or
facility in this state if the individual is a commissioned peace
officer or a current or former licensed federal law enforcement
agent who is authorized to carry a weapon while on duty.
SECTION 3. Section 46.15, Penal Code, is amended by adding
Subsection (s) to read as follows:
(s) Section 46.03(a)(1) does not apply to a person appointed
as chief of school safety and security for the Texas Education
Agency if the person is:
(1) carrying the weapon on the premises of a public
primary or secondary school or on any grounds or building owned by
and under the control of the school; and
(2) authorized to carry a weapon under Section 37.088,
Education Code.
SECTION 4. Section 46.15, Penal Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. Section 37.0814, Education Code, as amended by
this Act, applies beginning with the 2025-2026 school year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.