84R3390 AAF-D

By: Villalba H.B. No. 1173

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of school marshals by public junior colleges.

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

SECTION 1. Articles 2.127(a) and (d), Code of Criminal Procedure, are amended to read as follows:

(a) Except as provided by Subsection (b), a school marshal may make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by the board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college under Section 37.0811, Education Code, and only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises.

(d) A person may not serve as a school marshal unless the person is:

(1) licensed under Section 1701.260, Occupations Code; and

(2) appointed by the board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college under Section 37.0811, Education Code.

SECTION 2. Sections 37.0811(a), (b), (c), and (f), Education Code, are amended to read as follows:

(a) The board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college may appoint not more than one school marshal per 400 students in average daily attendance per campus.

(b) The board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college may select for appointment as a school marshal under this section an applicant who is an employee of the school district, [or] open-enrollment charter school, or public junior college and certified as eligible for appointment under Section 1701.260, Occupations Code. The board of trustees, [or] governing body, or governing board may, but shall not be required to, reimburse the amount paid by the applicant to participate in the training program under that section.

(c) A school marshal appointed by the board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college may carry 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, or the governing board; and

(2) at a specific school as specified by the board of trustees, [or] governing body, or governing board, as applicable.

(f) A school district, [or] charter school, or public junior college employee's status as a school marshal becomes inactive on:

(1) expiration of the employee's school marshal license under Section 1701.260, Occupations Code;

(2) suspension or revocation of the employee's license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code;

(3) termination of the employee's employment with the district, [or] charter school, or public junior college; or

(4) notice from the board of trustees of the district, [or] the governing body of the charter school, or the governing board of the public junior college that the employee's services as school marshal are no longer required.

SECTION 3. Sections 1701.260(a) and (j), Occupations Code, are amended to read as follows:

(a) The commission shall establish and maintain a training program open to any employee of a school district, [or] open-enrollment charter school, or public junior college who holds a license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code. The training may be conducted only by the commission staff or a provider approved by the commission.

(j) The commission shall submit the identifying information collected under Subsection (b) for each person licensed by the commission under this section to:

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

(2) the person's employer, if the person is employed by a school district, [or] open-enrollment charter school, or public junior college;

(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, or public junior college 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, or public junior college that is not located within a municipality; and

(5) the chief administrator of any 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.

SECTION 4. Section 1701.001(8), Occupations Code, is amended to read as follows:

(8) "School marshal" means a person employed and appointed by the board of trustees of a school district, [or] the governing body of an open-enrollment charter school, or the governing board of a public junior college under Article 2.127, Code of Criminal Procedure, and in accordance with and having the rights provided by Section 37.0811, Education Code.

SECTION 5. This Act takes effect September 1, 2015.