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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of school marshals by public junior |
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colleges. |
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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 |
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an open-enrollment charter school, or the governing board of a |
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public junior college under Section 37.0811, Education Code, and |
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only act as necessary to prevent or abate the commission of an |
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offense that threatens serious bodily injury or death of students, |
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faculty, or visitors on 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 |
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school, or the governing board of a public junior college under |
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Section 37.0811, Education Code. |
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SECTION 2. Sections 37.0811(a), (b), (c), and (f), |
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Education Code, are amended to read as follows: |
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(a) 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 may appoint not more than |
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one school marshal per 400 students in average daily attendance per |
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campus. |
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(b) 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 may select for |
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appointment as a school marshal under this section an applicant who |
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is an employee of the school district, [or] open-enrollment charter |
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school, or public junior college and certified as eligible for |
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appointment under Section 1701.260, Occupations Code. The board of |
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trustees, [or] governing body, or governing board may, but shall |
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not be 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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(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 |
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charter school, or the governing board of a public junior college |
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may carry or possess a handgun on the physical premises of a school, |
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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 board of trustees, [or] the governing body, or the |
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governing board; and |
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(2) at a specific school as specified by the board of |
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trustees, [or] governing body, or governing board, as applicable. |
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(f) A school district, [or] charter school, or public junior |
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college employee's status as a school 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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district, [or] charter school, or public junior college; or |
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(4) notice from the board of trustees of the district, |
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[or] the governing body of the charter school, or the governing |
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board of the public junior college that the employee's services as |
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school marshal are no longer required. |
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SECTION 3. Sections 1701.260(a) and (j), Occupations Code, |
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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, Education Code, if the person is |
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employed at a school district that has commissioned a peace officer |
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under that section. |
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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, Education Code. |
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SECTION 5. This Act takes effect September 1, 2015. |