BILL ANALYSIS

 

 

 

H.B. 3142

By: Isaac

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that Texas schools often cannot afford having armed officers to provide security in the schools, but school marshals can provide security at a lesser cost or at no additional cost. H.B. 3142 seeks to address this issue by broadening the pool of individuals eligible to serve as school marshals and enhancing the certification process of school marshals.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 3142 amends the Code of Criminal Procedure to authorize a volunteer of a public school district, open-enrollment charter school, private school, or public junior college who is an honorably discharged veteran or active duty member of the armed forces of the United States, a peace officer, a reserve law enforcement officer, or a retired peace officer to serve as a school marshal as an alternative to a person licensed as a school marshal.

 

H.B. 3142 amends the Education Code to authorize a district board of trustees, the governing body of a charter school or private school, and the governing board of a public junior college to select for appointment as a school marshal an applicant who is a district, school, or college volunteer who is an honorably discharged veteran or active duty member of the armed forces of the United States, a peace officer, a reserve law enforcement officer, or a retired peace officer. The bill revises the provision establishing the circumstances under which a person's status as a school marshal becomes inactive as follows:

·         with respect to the expiration of the person's school marshal license or the suspension or revocation of the person's license to carry a handgun, clarifies that those circumstances apply if the person is required to hold that license as a condition of the person's school marshal license;

·         with respect to the termination of employment with the district, school, or college, also includes termination of the person's volunteer service with the district, school, or college as a circumstance; and

·         with respect to notice from the board of trustees, governing body, or governing board that the employee's services as a school marshal are no longer required, makes that circumstance apply instead with respect to the person's services as such.

The bill makes the requirement for a district, school, or governing board to provide written notice indicating whether any employee of the district, school, or college is currently appointed a school marshal if a parent or guardian of a student enrolled at the school or college inquires in writing applicable instead with respect to whether any person is currently appointed a school marshal.

 

H.B. 3142 amends the Occupations Code to make conforming changes.

 

EFFECTIVE DATE

 

September 1, 2025.