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A BILL TO BE ENTITLED
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AN ACT
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relating to school marshals, including eligibility for appointment |
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as a school marshal, licensure and training requirements, and |
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school marshal uniforms or badges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.127(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) A person may not serve as a school marshal unless the |
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person is: |
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(1) licensed: |
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(A) as a peace officer under Chapter 1701, |
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Occupations Code; or |
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(B) under Section 1701.260, Occupations Code; |
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and |
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(2) appointed by: |
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(A) the board of trustees of a school district or |
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the governing body of an open-enrollment charter school under |
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Section 37.0811, Education Code; |
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(B) the governing body of a private school under |
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Section 37.0813, Education Code; or |
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(C) the governing board of a public junior |
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college under Section 51.220, Education Code. |
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SECTION 2. Section 37.0811, Education Code, is amended by |
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amending Subsections (b), (f), and (h) and adding Subsections |
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(b-1), (i), and (j) to read as follows: |
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(b) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may select for |
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appointment as a school marshal under this section an applicant who |
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is: |
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(1) either: |
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(A) an employee of the school district or |
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open-enrollment charter school; or |
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(B) a school district or open-enrollment charter |
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school volunteer who is: |
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(i) an honorably discharged veteran or |
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active duty member of the armed forces of the United States; |
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(ii) a peace officer; |
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(iii) a reserve law enforcement officer, as |
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defined by Section 1701.001, Occupations Code; or |
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(iv) a retired peace officer, as defined by |
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Section 1701.3161, Occupations Code; and |
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(2) either: |
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(A) certified as eligible for appointment under |
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Section 1701.260, Occupations Code; or |
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(B) licensed as a peace officer under Chapter |
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1701, Occupations Code. |
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(b-1) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may, but shall |
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not be required to, reimburse the amount paid by an [the] applicant |
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for appointment as a school marshal to participate in the training |
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program under Section 1701.260, Occupations Code [that section]. |
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(f) A person's [school district or charter school |
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employee's] status as a school marshal becomes inactive on: |
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(1) expiration of the person's [employee's] school |
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marshal license under Section 1701.260, Occupations Code, or peace |
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officer license under Chapter 1701, Occupations Code, as |
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applicable; |
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(2) suspension or revocation of the person's |
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[employee's] license to carry a handgun issued under Subchapter H, |
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Chapter 411, Government Code, if the person is licensed as a school |
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marshal under Section 1701.260, Occupations Code; |
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(3) termination of the person's [employee's] |
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employment or volunteer service, as applicable, with the district |
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or charter school; or |
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(4) notice from the board of trustees of the district |
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or the governing body of the charter school that the person's |
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[employee's] services as school marshal are no longer required. |
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(h) If a parent or guardian of a student enrolled at a school |
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inquires in writing, the school district or open-enrollment charter |
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school shall provide the parent or guardian written notice |
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indicating whether any person [employee of the school] is currently |
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appointed a school marshal. The notice may not disclose |
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information that is confidential under Subsection (g). |
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(i) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may require or |
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authorize a person appointed school marshal to wear a distinctive |
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uniform or badge indicating the person's status as a school |
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marshal. |
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(j) A school district or open-enrollment charter school |
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shall provide to each newly appointed school marshal training |
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specific to the campus at which the school marshal is employed or |
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volunteers that includes: |
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(1) an overview of campus grounds and facilities; |
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(2) daily schedules; |
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(3) the district's or school's multihazard emergency |
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operations plan adopted under Section 37.108; and |
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(4) the contact information for any person to be |
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notified in the event of an emergency or a nonemergency incident. |
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SECTION 3. Section 37.0813, Education Code, is amended by |
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amending Subsections (b), (f), and (h) and adding Subsections (j) |
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and (k) to read as follows: |
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(b) The governing body of a private school may select for |
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appointment as a school marshal under this section an applicant who |
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is: |
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(1) either: |
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(A) an employee of the school; or |
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(B) a school volunteer who is: |
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(i) an honorably discharged veteran or |
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active duty member of the armed forces of the United States; |
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(ii) a peace officer; |
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(iii) a reserve law enforcement officer, as |
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defined by Section 1701.001, Occupations Code; or |
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(iv) a retired peace officer, as defined by |
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Section 1701.3161, Occupations Code; and |
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(2) either: |
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(A) certified as eligible for appointment under |
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Section 1701.260, Occupations Code; or |
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(B) licensed as a peace officer under Chapter |
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1701, Occupations Code. |
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(f) A person's [private school employee's] status as a |
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school marshal becomes inactive on: |
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(1) expiration of the person's [employee's] school |
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marshal license under Section 1701.260, Occupations Code, or peace |
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officer license under Chapter 1701, Occupations Code, as |
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applicable; |
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(2) suspension or revocation of the person's |
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[employee's] license to carry a handgun issued under Subchapter H, |
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Chapter 411, Government Code, if the person is licensed as a school |
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marshal under Section 1701.260, Occupations Code; |
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(3) termination of the person's [employee's] |
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employment or volunteer service, as applicable, with the private |
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school; or |
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(4) notice from the governing body that the person's |
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[employee's] services as school marshal are no longer required. |
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(h) If a parent or guardian of a student enrolled at a |
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private school inquires in writing, the school shall provide the |
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parent or guardian written notice indicating whether any person |
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[employee of the school] is currently appointed a school marshal. |
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The notice may not disclose information that is confidential under |
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Subsection (g). |
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(j) The governing body of a private school may require or |
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authorize a person appointed school marshal to wear a distinctive |
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uniform or badge indicating the person's status as a school |
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marshal. |
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(k) A private school shall provide to each newly appointed |
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school marshal training specific to the campus at which the school |
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marshal is employed or volunteers that includes: |
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(1) an overview of campus grounds and facilities; |
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(2) daily schedules; |
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(3) any emergency operations plan adopted by the |
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school; and |
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(4) the contact information for any person to be |
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notified in the event of an emergency or a nonemergency incident. |
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SECTION 4. Section 51.220, Education Code, is amended by |
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amending Subsections (c), (g), and (i) and adding Subsections |
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(c-1), (j), and (k) to read as follows: |
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(c) The governing board of a public junior college may |
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select for appointment as a school marshal under this section an |
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applicant who is: |
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(1) either: |
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(A) an employee of the public junior college; or |
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(B) a volunteer of the public junior college who |
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is: |
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(i) an honorably discharged veteran or |
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active duty member of the armed forces of the United States; |
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(ii) a peace officer; |
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(iii) a reserve law enforcement officer, as |
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defined by Section 1701.001, Occupations Code; or |
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(iv) a retired peace officer, as defined by |
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Section 1701.3161, Occupations Code; and |
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(2) either: |
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(A) certified as eligible for appointment under |
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Section 1701.260, Occupations Code; or |
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(B) licensed as a peace officer under Chapter |
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1701, Occupations Code. |
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(c-1) The governing board of a public junior college may, |
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but shall not be required to, reimburse the amount paid by an [the] |
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applicant for appointment as a school marshal to participate in the |
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training program under Section 1701.260, Occupations Code [that |
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section]. |
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(g) A person's [public junior college employee's] status as |
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a school marshal becomes inactive on: |
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(1) expiration of the person's [employee's] school |
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marshal license under Section 1701.260, Occupations Code, or peace |
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officer license under Chapter 1701, Occupations Code, as |
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applicable; |
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(2) suspension or revocation of the person's |
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[employee's] license to carry a concealed handgun issued under |
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Subchapter H, Chapter 411, Government Code, if the person is |
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licensed as a school marshal under Section 1701.260, Occupations |
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Code; |
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(3) termination of the person's [employee's] |
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employment or volunteer service, as applicable, with the public |
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junior college; or |
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(4) notice from the governing board of the public |
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junior college that the person's [employee's] services as school |
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marshal are no longer required. |
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(i) If a parent or guardian of a student enrolled at a public |
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junior college inquires in writing, the governing board of the |
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public junior college shall provide the parent or guardian written |
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notice indicating whether any person [employee of the public junior |
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college] is currently appointed a school marshal. The notice may |
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not disclose information that is confidential under Subsection (h). |
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(j) The governing body of a public junior college may |
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require or authorize a person appointed school marshal to wear a |
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distinctive uniform or badge indicating the person's status as a |
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school marshal. |
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(k) A public junior college shall provide to each newly |
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appointed school marshal training specific to the campus at which |
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the school marshal is employed or volunteers that includes: |
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(1) an overview of campus grounds and facilities; |
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(2) daily schedules; |
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(3) the college's multihazard emergency operations |
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plan adopted under Section 37.108; and |
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(4) the contact information for any person to be |
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notified in the event of an emergency or a nonemergency incident. |
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SECTION 5. Section 1701.001(8), Occupations Code, is |
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amended to read as follows: |
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(8) "School marshal" means a person who: |
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(A) is appointed to serve as a school marshal by: |
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(i) the board of trustees of a school |
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district or the governing body of an open-enrollment charter school |
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under Section 37.0811, Education Code; |
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(ii) the governing body of a private school |
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under Section 37.0813, Education Code; or |
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(iii) the governing board of a public |
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junior college under Section 51.220, Education Code; |
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(B) is licensed: |
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(i) as a peace officer under this chapter; |
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or |
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(ii) under Section 1701.260; and |
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(C) has powers and duties described by Article |
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2.127, Code of Criminal Procedure. |
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SECTION 6. Section 1701.260, Occupations Code, is amended |
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by amending Subsections (a), (b), and (j) and adding Subsection |
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(f-1) to read as follows: |
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(a) The commission shall establish and maintain a training |
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program open to any employee or school volunteer of a school |
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district, open-enrollment charter school, private school, or |
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public junior college who holds a license to carry a handgun issued |
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under Subchapter H, Chapter 411, Government Code. The training may |
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be conducted only by the commission staff or a provider approved by |
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the commission. |
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(b) The commission shall collect from each person who |
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participates in the training program identifying information that |
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includes the person's name, the person's date of birth, the license |
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number of the license issued to the person under Subchapter H, |
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Chapter 411, Government Code, and the address of the person's place |
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of employment or volunteer service, as applicable. |
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(f-1) The commission shall require each person licensed |
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under this section to successfully complete a handgun proficiency |
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test as prescribed by commission rule not later than August 1 of |
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each year in order to maintain the person's license. |
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(j) The commission shall submit the identifying information |
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collected under Subsection (b) for each person licensed by the |
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commission under this section to: |
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(1) the director of the Department of Public Safety; |
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(2) the [person's employer, if the person is employed |
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by a] school district, open-enrollment charter school, private |
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school, or public junior college at which the person is employed or |
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volunteers; |
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(3) the chief law enforcement officer of the local |
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municipal law enforcement agency if the person is employed or |
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volunteers at a campus of a school district, open-enrollment |
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charter school, private school, or public junior college located |
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within a municipality; |
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(4) the sheriff of the county if the person is employed |
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or volunteers at a campus of a school district, open-enrollment |
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charter school, private school, or public junior college that is |
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not located within a municipality; and |
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(5) the chief administrator of any peace officer |
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commissioned under Section 37.081 or 51.203, Education Code, if the |
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person is employed or volunteers at a school district or public |
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junior college that has commissioned a peace officer under either |
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section. |
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SECTION 7. Section 1701.260(f-1), Occupations Code, as |
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added by this Act, applies only to a license issued or renewed under |
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that section on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |