1 | 1 | | 89R5972 JDK-D |
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2 | 2 | | By: Slawson H.B. No. 3924 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the open carrying of a handgun by a uniformed school |
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10 | 10 | | marshal. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 37.0811(c) and (d), Education Code, are |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (c) A school marshal appointed by the board of trustees of a |
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15 | 15 | | school district or the governing body of an open-enrollment charter |
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16 | 16 | | school may carry [a concealed handgun] or possess a handgun on the |
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17 | 17 | | physical premises of a school, but only: |
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18 | 18 | | (1) in the manner provided by written regulations |
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19 | 19 | | adopted by the board of trustees or the governing body; and |
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20 | 20 | | (2) at a specific school as specified by the board of |
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21 | 21 | | trustees or governing body, as applicable. |
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22 | 22 | | (d) Any written regulations adopted for purposes of |
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23 | 23 | | Subsection (c) must: |
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24 | 24 | | (1) provide that a school marshal may: |
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25 | 25 | | (A) carry a concealed handgun on the school |
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26 | 26 | | marshal's person; |
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27 | 27 | | (B) if wearing a uniform identifying the marshal |
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28 | 28 | | as a school marshal, openly carry a handgun on the school marshal's |
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29 | 29 | | person; or |
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30 | 30 | | (C) possess the handgun on the physical premises |
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31 | 31 | | of a school in a locked and secured safe or other locked and secured |
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32 | 32 | | location; and |
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33 | 33 | | (2) [. The written regulations must also] require |
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34 | 34 | | that a handgun carried or possessed by a school marshal [may] be |
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35 | 35 | | loaded only with frangible duty ammunition approved for that |
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36 | 36 | | purpose by the Texas Commission on Law Enforcement. |
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37 | 37 | | SECTION 2. Sections 37.0813(c) and (d), Education Code, are |
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38 | 38 | | amended to read as follows: |
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39 | 39 | | (c) A school marshal appointed by the governing body of a |
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40 | 40 | | private school may carry [a concealed handgun] or possess a handgun |
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41 | 41 | | on the physical premises of a school, but only in the manner |
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42 | 42 | | provided by written regulations adopted by the governing body. |
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43 | 43 | | (d) Any written regulations adopted for purposes of |
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44 | 44 | | Subsection (c) must: |
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45 | 45 | | (1) provide that a school marshal may: |
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46 | 46 | | (A) carry a concealed handgun on the school |
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47 | 47 | | marshal's person; |
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48 | 48 | | (B) if wearing a uniform identifying the marshal |
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49 | 49 | | as a school marshal, openly carry a handgun on the school marshal's |
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50 | 50 | | person; or |
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51 | 51 | | (C) possess the handgun on the physical premises |
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52 | 52 | | of a school in a locked and secured safe or other locked and secured |
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53 | 53 | | location; and |
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54 | 54 | | (2) [. The written regulations must also] require |
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55 | 55 | | that a handgun carried or possessed by a school marshal [may] be |
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56 | 56 | | loaded only with frangible duty ammunition approved for that |
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57 | 57 | | purpose by the Texas Commission on Law Enforcement. |
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58 | 58 | | SECTION 3. Section 51.220(d), Education Code, is amended to |
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59 | 59 | | read as follows: |
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60 | 60 | | (d) A school marshal appointed by the governing board of a |
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61 | 61 | | public junior college may carry [a concealed handgun] or possess a |
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62 | 62 | | handgun on the physical premises of a public junior college campus, |
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63 | 63 | | but only: |
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64 | 64 | | (1) in the manner provided by written regulations |
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65 | 65 | | adopted by the governing board; and |
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66 | 66 | | (2) at a specific public junior college campus as |
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67 | 67 | | specified by the governing board. |
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68 | 68 | | SECTION 4. Section 51.220(e), Education Code, as amended by |
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69 | 69 | | Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th |
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70 | 70 | | Legislature, Regular Session, 2021, is reenacted and amended to |
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71 | 71 | | read as follows: |
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72 | 72 | | (e) Any written regulations adopted for purposes of |
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73 | 73 | | Subsection (d): |
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74 | 74 | | (1) must [: |
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75 | 75 | | [(A)] authorize a school marshal to: |
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76 | 76 | | (A) carry a concealed handgun [as described by |
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77 | 77 | | Subsection (d)] on the school marshal's person; |
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78 | 78 | | (B) if wearing a uniform identifying the marshal |
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79 | 79 | | as a school marshal, openly carry a handgun on the school marshal's |
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80 | 80 | | person; or |
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81 | 81 | | (C) possess the handgun on the physical premises |
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82 | 82 | | of a public junior college campus in a locked and secured safe or |
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83 | 83 | | other locked and secured location; [and] |
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84 | 84 | | (2) must [(B)] require that a handgun carried or |
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85 | 85 | | possessed by a school marshal [to] be loaded only with frangible |
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86 | 86 | | duty ammunition approved for that purpose by the Texas Commission |
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87 | 87 | | on Law Enforcement; and |
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88 | 88 | | (3) [(2)] may not require a school marshal to store |
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89 | 89 | | the handgun in a locked container while on duty. |
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90 | 90 | | SECTION 5. This Act applies beginning with the 2025-2026 |
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91 | 91 | | school year. |
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92 | 92 | | SECTION 6. This Act takes effect immediately if it receives |
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93 | 93 | | a vote of two-thirds of all the members elected to each house, as |
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94 | 94 | | provided by Section 39, Article III, Texas Constitution. If this |
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95 | 95 | | Act does not receive the vote necessary for immediate effect, this |
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96 | 96 | | Act takes effect September 1, 2025. |
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