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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying or storage of a handgun by a school |
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marshal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.0811(c), (d), and (e), Education |
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Code, are amended to read as follows: |
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(c) A school marshal appointed by the board of trustees of a |
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school district or the governing body of an open-enrollment charter |
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school may carry a concealed handgun or possess a handgun on the |
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physical premises of a school, but only: |
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(1) in the manner provided by written regulations |
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adopted by the board of trustees or the governing body; and |
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(2) at a specific school as specified by the board of |
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trustees or governing body, as applicable. |
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(d) Any written regulations adopted for purposes of |
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Subsection (c) must provide that a school marshal may carry a |
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concealed handgun on the school marshal's person or [as described |
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by Subsection (c), except that if the primary duty of the school |
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marshal involves regular, direct contact with students, the marshal |
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may not carry a concealed handgun but may] possess the [a] handgun |
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on the physical premises of a school in a locked and secured safe or |
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other locked and secured location [within the marshal's immediate |
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reach when conducting the marshal's primary duty]. The written |
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regulations must also require that a handgun carried or possessed |
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by [or within access of] a school marshal may be loaded only with |
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frangible duty ammunition approved for that purpose by the Texas |
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Commission on Law Enforcement. |
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(e) A school marshal may use [access] a handgun the school |
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marshal is authorized to carry or possess under this section only |
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under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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SECTION 2. Sections 37.0813(c), (d), and (e), Education |
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Code, are amended to read as follows: |
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(c) A school marshal appointed by the governing body of a |
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private school may carry a concealed handgun or possess a handgun on |
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the physical premises of a school, but only in the manner provided |
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by written regulations adopted by the governing body. |
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(d) Any written regulations adopted for purposes of |
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Subsection (c) must provide that a school marshal may carry a |
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concealed handgun on the school marshal's person or [as described |
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by Subsection (c), except that if the primary duty of the school |
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marshal involves regular, direct contact with students in a |
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classroom setting, the marshal may not carry a concealed handgun |
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but may] possess the [a] handgun on the physical premises of a |
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school in a locked and secured safe or other locked and secured |
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location [within the marshal's immediate reach when conducting the |
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marshal's primary duty]. The written regulations must also require |
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that a handgun carried or possessed by [or within access of] a |
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school marshal may be loaded only with frangible duty ammunition |
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approved for that purpose by the Texas Commission on Law |
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Enforcement. |
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(e) A school marshal may use [access] a handgun the school |
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marshal is authorized to carry or possess under this section only |
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under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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SECTION 3. Sections 51.220(d), (e), and (f), Education |
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Code, are amended to read as follows: |
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(d) A school marshal appointed by the governing board of a |
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public junior college may carry a concealed handgun or possess a |
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handgun on the physical premises of a public junior college campus, |
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but only: |
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(1) in the manner provided by written regulations |
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adopted by the governing board; and |
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(2) at a specific public junior college campus as |
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specified by the governing board. |
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(e) Any written regulations adopted for purposes of |
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Subsection (d) must provide that a school marshal may carry a |
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concealed handgun on the school marshal's person or [as described |
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by Subsection (d), except that if the primary duty of the school |
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marshal involves regular, direct contact with students, the marshal |
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may not carry a concealed handgun but may] possess the [a] handgun |
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on the physical premises of a public junior college campus in a |
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locked and secured safe or other locked and secured location |
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[within the marshal's immediate reach when conducting the marshal's |
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primary duty]. The written regulations must also require that a |
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handgun carried or possessed by [or within access of] a school |
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marshal may be loaded only with frangible duty ammunition approved |
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for that purpose by the Texas Commission on Law Enforcement. |
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(f) A school marshal may use [access] a handgun the school |
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marshal is authorized to carry or possess under this section only |
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under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |