By: Taylor of Collin S.B. No. 386
      Bettencourt
 
 
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.