|
House Bill 1009 |
House Author: Villalba et al. |
|
Effective: 6-14-13 |
Senate Sponsor: Hancock et al. |
House Bill 1009 amends the Education Code, Code of Criminal Procedure, Government Code, and Occupations Code to enact the Protection of Texas Children Act. The bill authorizes the board of trustees of a school district or the governing body of an open-enrollment charter school to appoint a maximum of one school marshal per 400 students in average daily attendance per campus who is an employee of the district or school and certified by the Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The bill authorizes an appointed school marshal to carry or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board or governing body and only at the school specified by the board or governing body, establishes requirements relating to the written regulations, authorizes a school marshal to access a handgun only under circumstances that would justify the use of deadly force under state law, and establishes the circumstances under which a school district or charter school employee's status as a school marshal becomes inactive. The bill specifies that the identity of an appointed school marshal is confidential, except to certain persons and entities, and is not subject to a request under state public information law. The bill establishes the powers of a school marshal, including making arrests, prohibits a school marshal from issuing certain traffic citations, and provides that a school marshal is not entitled to state benefits normally provided to a peace officer. The bill requires the Department of Public Safety (DPS) to notify TCLEOSE if DPS takes any action against a certified school marshal's concealed handgun license.
House Bill 1009 requires TCLEOSE to establish and maintain a training program open to school district or charter school employees who are concealed handgun license holders and to collect certain identifying information from program participants. The bill sets out the instruction requirements for the 80-hour training program and establishes a program participation fee. The bill requires TCLEOSE to license an eligible person as a school marshal on completion of the training program and on TCLEOSE's determination that the person is psychologically fit to carry out school marshal duties in an emergency shooting or active shooter situation, establishes expiration dates for an original and renewed school marshal license, provides for license renewal and a renewal fee, and prescribes the circumstances under which TCLEOSE must revoke a person's license and under which a person may obtain recertification. The bill requires TCLEOSE to submit a licensed school marshal's identifying information and report the licensee's license expiration or revocation to certain state and local law enforcement entities and the licensee's employing school district or charter school, if applicable, and provides for the confidentiality and exemption from public disclosure of that identifying information.