89R5972 JDK-D
By: Slawson H.B. No. 3924
A BILL TO BE ENTITLED
AN ACT
relating to the open carrying of a handgun by a uniformed school
marshal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.0811(c) and (d), Education Code, are
amended to read as follows:
(c) A school marshal appointed by the board of trustees of a
school district or the governing body of an open-enrollment charter
school may carry [a concealed handgun] or possess a handgun on the
physical premises of a school, but only:
(1) in the manner provided by written regulations
adopted by the board of trustees or the governing body; and
(2) at a specific school as specified by the board of
trustees or governing body, as applicable.
(d) Any written regulations adopted for purposes of
Subsection (c) must:
(1) provide that a school marshal may:
(A) carry a concealed handgun on the school
marshal's person;
(B) if wearing a uniform identifying the marshal
as a school marshal, openly carry a handgun on the school marshal's
person; or
(C) possess the handgun on the physical premises
of a school in a locked and secured safe or other locked and secured
location; and
(2) [. The written regulations must also] require
that a handgun carried or possessed by a school marshal [may] be
loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
SECTION 2. Sections 37.0813(c) and (d), Education Code, are
amended to read as follows:
(c) A school marshal appointed by the governing body of a
private school may carry [a concealed handgun] or possess a handgun
on the physical premises of a school, but only in the manner
provided by written regulations adopted by the governing body.
(d) Any written regulations adopted for purposes of
Subsection (c) must:
(1) provide that a school marshal may:
(A) carry a concealed handgun on the school
marshal's person;
(B) if wearing a uniform identifying the marshal
as a school marshal, openly carry a handgun on the school marshal's
person; or
(C) possess the handgun on the physical premises
of a school in a locked and secured safe or other locked and secured
location; and
(2) [. The written regulations must also] require
that a handgun carried or possessed by a school marshal [may] be
loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
SECTION 3. Section 51.220(d), Education Code, is amended to
read as follows:
(d) A school marshal appointed by the governing board of a
public junior college may carry [a concealed handgun] or possess a
handgun on the physical premises of a public junior college campus,
but only:
(1) in the manner provided by written regulations
adopted by the governing board; and
(2) at a specific public junior college campus as
specified by the governing board.
SECTION 4. Section 51.220(e), Education Code, as amended by
Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(e) Any written regulations adopted for purposes of
Subsection (d):
(1) must [:
[(A)] authorize a school marshal to:
(A) carry a concealed handgun [as described by
Subsection (d)] on the school marshal's person;
(B) if wearing a uniform identifying the marshal
as a school marshal, openly carry a handgun on the school marshal's
person; or
(C) possess the handgun on the physical premises
of a public junior college campus in a locked and secured safe or
other locked and secured location; [and]
(2) must [(B)] require that a handgun carried or
possessed by a school marshal [to] be loaded only with frangible
duty ammunition approved for that purpose by the Texas Commission
on Law Enforcement; and
(3) [(2)] may not require a school marshal to store
the handgun in a locked container while on duty.
SECTION 5. 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.