83R7780 MAW-D

By: King of Parker H.B. No. 1896

A BILL TO BE ENTITLED

AN ACT

relating to firearm training and the authority of certain employees of a school district or open-enrollment charter school to carry or possess a handgun on certain school premises; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.0811 to read as follows:

Sec. 37.0811. FIREARM TRAINING FOR EMPLOYEES. (a) In this section, "premises" has the meaning assigned by Section 46.035, Penal Code.

(b) The board of trustees of a school district or the governing body of an open-enrollment charter school may:

(1) authorize an employee of the district or charter school who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, to attend a firearm training program established under Section 1701.260, Occupations Code; and

(2) adopt written regulations that authorize an employee who has successfully completed the training program described by Subdivision (1) to carry or possess a handgun on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or a passenger transportation vehicle of a school.

(c) Except as provided by Section 1701.260(f), Occupations Code, the identity of an employee who is authorized to attend the training program described by Subsection (b)(1) is confidential and is not subject to disclosure under Chapter 552, Government Code.

SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is amended by adding Section 1701.260 to read as follows:

Sec. 1701.260. FIREARM TRAINING FOR SCHOOL EMPLOYEES. (a) The commission shall establish and maintain a training program for employees of a school district or open-enrollment charter school who hold a license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code, and who are authorized under Section 37.0811, Education Code, to attend the training program. The training program may be conducted only by the commission staff or by other agencies and institutions the commission approves for that purpose.

(b) The training program must:

(1) consist of not more than 20 hours of training; and

(2) include instruction in:

(A) defensive techniques; and

(B) safely handling a firearm in a public setting.

(c) The commission shall issue a certification to each person the commission determines has successfully completed the training program.

(d) The commission shall charge each participant in the training program a reasonable fee to cover the cost to the commission of conducting the program.

(e) A certification issued under this section expires on the second anniversary of the date of issuance. A person may renew a certification by complying with any requirements established by the commission.

(f) The commission shall submit, for each person issued a certification under this section, the name and date of birth of the person, the license number of the license issued to the person under Subchapter H, Chapter 411, Government Code, and the address of the person's place of employment to:

(1) the director of the Department of Public Safety;

(2) the school district or open-enrollment charter school by which the person is employed;

(3) the chief law enforcement officer of the local municipal law enforcement agency if the person is employed at a campus of a school district or open-enrollment charter school located within a municipality;

(4) the sheriff of the county if the person is employed at a campus of a school district or open-enrollment charter school that is not located within a municipality; and

(5) a peace officer commissioned under Section 37.081, Education Code, if the person is employed at a school district that has commissioned a peace officer under that section.

(g) The commission shall immediately report the expiration of a certification to the persons or entities listed in Subsection (f).

(h) Identifying information about a person collected or submitted under this section is confidential, except as provided by Subsection (f), and is not subject to disclosure under Chapter 552, Government Code.

SECTION 3. The Commission on Law Enforcement Officer Standards and Education shall establish the firearm training program as required by Section 1701.260, Occupations Code, as added by this Act, not later than January 1, 2014.

SECTION 4. 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, 2013.