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A BILL TO BE ENTITLED
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AN ACT
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relating to school marshals for public junior colleges, notifying a |
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parent or guardian whether an employee of a public junior college is |
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appointed school marshal, and the confidentiality of information |
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submitted to or collected by the Texas Commission on Law |
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Enforcement in connection with a certification for appointment as |
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school marshal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 2.127(a) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (b), a school marshal |
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may make arrests and exercise all authority given peace officers |
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under this code, subject to written regulations adopted by the |
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board of trustees of a school district or the governing body of an |
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open-enrollment charter school under Section 37.0811, Education |
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Code, or the governing board of a public junior college under |
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Section 51.220, Education Code, and only act as necessary to |
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prevent or abate the commission of an offense that threatens |
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serious bodily injury or death of students, faculty, or visitors on |
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school premises. |
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(d) A person may not serve as a school marshal unless the |
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person is: |
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(1) licensed under Section 1701.260, Occupations |
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Code; and |
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(2) appointed by the board of trustees of a school |
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district or the governing body of an open-enrollment charter school |
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under Section 37.0811, Education Code, or the governing board of a |
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public junior college under Section 51.220, Education Code. |
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SECTION 2. Subchapter E, Chapter 51, Education Code, is |
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amended by adding Section 51.220 to read as follows: |
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Sec. 51.220. PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS. (a) In |
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this section, "public junior college" has the meaning assigned by |
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Section 61.003. |
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(b) The governing board of a public junior college may |
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appoint one or more school marshals. |
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(c) The governing board of a public junior college may |
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select for appointment as a school marshal under this section an |
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applicant who is an employee of the public junior college and |
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certified as eligible for appointment under Section 1701.260, |
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Occupations Code. The governing board may, but shall not be |
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required to, reimburse the amount paid by the applicant to |
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participate in the training program under that section. |
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(d) A school marshal appointed by the governing board of a |
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public junior college may carry or possess a handgun on the physical |
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premises of a public junior college campus, 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 as described by Subsection (d), except that if |
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the primary duty of the school marshal involves regular, direct |
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contact with students, the marshal may not carry a concealed |
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handgun but may possess a handgun on the physical premises of a |
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public junior college campus in a locked and secured safe within the |
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marshal's immediate reach when conducting the marshal's primary |
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duty. The written regulations must also require that a handgun |
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carried by or within access of a school marshal may be loaded only |
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with frangible ammunition designed to disintegrate on impact for |
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maximum safety and minimal danger to others. |
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(f) A school marshal may access a handgun under this section |
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only 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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(g) A public junior college employee's status as a school |
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marshal becomes inactive on: |
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(1) expiration of the employee's school marshal |
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license under Section 1701.260, Occupations Code; |
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(2) suspension or revocation of the employee's license |
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to carry a concealed handgun issued under Subchapter H, Chapter |
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411, Government Code; |
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(3) termination of the employee's employment with the |
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public junior college; or |
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(4) notice from the governing board of the public |
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junior college that the employee's services as school marshal are |
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no longer required. |
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(h) The identity of a school marshal appointed under this |
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section is confidential, except as provided by Section 1701.260(j), |
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Occupations Code, and is not subject to a request under Chapter 552, |
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Government Code. |
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(i) If a parent or guardian of a student enrolled at a public |
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junior college inquires in writing, the governing board of the |
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public junior college shall provide the parent or guardian written |
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notice indicating whether any employee of the public junior college |
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is currently appointed a school marshal. The notice may not |
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disclose information that is confidential under Subsection (h). |
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SECTION 3. Sections 1701.260(a), (j), and (l), Occupations |
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Code, are amended to read as follows: |
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(a) The commission shall establish and maintain a training |
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program open to any employee of a school district, [or] |
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open-enrollment charter school, or public junior college who holds |
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a license to carry a concealed handgun issued under Subchapter H, |
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Chapter 411, Government Code. The training may be conducted only by |
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the commission staff or a provider approved by the commission. |
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(j) The commission shall submit the identifying information |
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collected under Subsection (b) for each person licensed by the |
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commission under this section to: |
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(1) the director of the Department of Public Safety; |
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(2) the person's employer, if the person is employed by |
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a school district, [or] open-enrollment charter school, or public |
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junior college; |
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(3) the chief law enforcement officer of the local |
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municipal law enforcement agency if the person is employed at a |
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campus of a school district, [or] open-enrollment charter school, |
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or public junior college located within a municipality; |
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(4) the sheriff of the county if the person is employed |
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at a campus of a school district, [or] open-enrollment charter |
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school, or public junior college that is not located within a |
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municipality; and |
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(5) the chief administrator of any peace officer |
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commissioned under Section 37.081 or 51.203, Education Code, if the |
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person is employed at a school district or public junior college |
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that has commissioned a peace officer under either [that] section. |
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(l) All [Identifying] information [about a person] |
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collected or submitted under this section is confidential, except |
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as provided by Subsection (j), and is not subject to disclosure |
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under Chapter 552, Government Code. |
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SECTION 4. Section 1701.001(8), Occupations Code, is |
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amended to read as follows: |
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(8) "School marshal" means a person employed and |
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appointed by the board of trustees of a school district, [or] the |
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governing body of an open-enrollment charter school, or the |
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governing board of a public junior college under Article 2.127, |
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Code of Criminal Procedure, and in accordance with and having the |
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rights provided by Section 37.0811 or 51.220, Education Code. |
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SECTION 5. This Act takes effect September 1, 2015. |