87R1663 TSS-D
 
  By: Swanson H.B. No. 55
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying and possession of a concealed handgun by a
  school marshal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0811(d), Education Code, is amended
  to read as follows:
         (d)  Any written regulations adopted for purposes of
  Subsection (c):
               (1)  must:
                     (A)  authorize [provide that] a school marshal to
  [may] carry a concealed handgun on or about the marshal's person;
  and
                     (B)  [as described by Subsection (c), except that
  if the primary duty of the school marshal involves regular, direct
  contact with students, the marshal may not carry a concealed
  handgun but may possess a handgun on the physical premises of a
  school in a locked and secured safe within the marshal's immediate
  reach when conducting the marshal's primary duty.  The written
  regulations must also] require that a handgun carried or possessed
  by [or within access of] a school marshal [may] be loaded only with
  frangible duty ammunition approved for that purpose by the Texas
  Commission on Law Enforcement; and
               (2)  may not require a school marshal to store the
  handgun in a locked and secured safe or other location while on
  duty.
         SECTION 2.  Section 37.0813(d), Education Code, is amended
  to read as follows:
         (d)  Any written regulations adopted for purposes of
  Subsection (c) must:
               (1)  provide that a school marshal may carry a
  concealed handgun as described by Subsection (c); and
               (2)  [, except that if the primary duty of the school
  marshal involves regular, direct contact with students in a
  classroom setting, the marshal may not carry a concealed handgun
  but may possess a handgun on the physical premises of a school in a
  locked and secured safe within the marshal's immediate reach when
  conducting the marshal's primary duty.  The written regulations
  must also] require that a handgun carried or possessed by [or within
  access of] a school marshal [may] be loaded only with frangible duty
  ammunition approved for that purpose by the Texas Commission on Law
  Enforcement.
         SECTION 3.  Section 51.220(e), Education Code, is amended to
  read as follows:
         (e)  Any written regulations adopted for purposes of
  Subsection (d):
               (1)  must:
                     (A)  authorize [provide that] a school marshal to
  [may] carry a concealed handgun on or about the marshal's person;
  and
                     (B)  [as described by Subsection (d), except that
  if the primary duty of the school marshal involves regular, direct
  contact with students, the marshal may not carry a concealed
  handgun but may possess a handgun on the physical premises of a
  public junior college campus in a locked and secured safe within the
  marshal's immediate reach when conducting the marshal's primary
  duty.  The written regulations must also] require that a handgun
  carried or possessed by [or within access of] a school marshal [may]
  be loaded only with frangible duty ammunition approved for that
  purpose by the Texas Commission on Law Enforcement; and
               (2)  may not require a school marshal to store the
  handgun in a locked and secured safe or other location while on
  duty.
         SECTION 4.  This Act applies beginning with the 2021-2022
  academic year.
         SECTION 5.  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, 2021.