Relating to the open carrying of a handgun by a uniformed school marshal.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04007I.htm
| 88R12579 TSS-D | ||
| By: Slawson | H.B. No. 4007 | |
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| relating to the open carrying of a handgun by a uniformed school | ||
| marshal. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 37.0811(c) and (d), Education Code, are | ||
| amended to read as follows: | ||
| (c) A school marshal appointed by the board of trustees of a | ||
| school district or the governing body of an open-enrollment charter | ||
| school may carry [ |
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| physical premises of a school, but only: | ||
| (1) in the manner provided by written regulations | ||
| adopted by the board of trustees or the governing body; and | ||
| (2) at a specific school as specified by the board of | ||
| trustees or governing body, as applicable. | ||
| (d) Any written regulations adopted for purposes of | ||
| Subsection (c) must: | ||
| (1) provide that a school marshal may: | ||
| (A) carry a concealed handgun on the school | ||
| marshal's person; | ||
| (B) if wearing a uniform identifying the marshal | ||
| as a school marshal, openly carry a handgun on the school marshal's | ||
| person; or | ||
| (C) possess the handgun on the physical premises | ||
| of a school in a locked and secured safe or other locked and secured | ||
| location; and | ||
| (2) [ |
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| that a handgun carried or possessed by a school marshal [ |
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| loaded only with frangible duty ammunition approved for that | ||
| purpose by the Texas Commission on Law Enforcement. | ||
| SECTION 2. Sections 37.0813(c) and (d), Education Code, are | ||
| amended to read as follows: | ||
| (c) A school marshal appointed by the governing body of a | ||
| private school may carry [ |
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| on the physical premises of a school, but only in the manner | ||
| provided by written regulations adopted by the governing body. | ||
| (d) Any written regulations adopted for purposes of | ||
| Subsection (c) must: | ||
| (1) provide that a school marshal may: | ||
| (A) carry a concealed handgun on the school | ||
| marshal's person; | ||
| (B) if wearing a uniform identifying the marshal | ||
| as a school marshal, openly carry a handgun on the school marshal's | ||
| person; or | ||
| (C) possess the handgun on the physical premises | ||
| of a school in a locked and secured safe or other locked and secured | ||
| location; and | ||
| (2) [ |
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| that a handgun carried or possessed by a school marshal [ |
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| loaded only with frangible duty ammunition approved for that | ||
| purpose by the Texas Commission on Law Enforcement. | ||
| SECTION 3. Section 51.220(d), Education Code, is amended to | ||
| read as follows: | ||
| (d) A school marshal appointed by the governing board of a | ||
| public junior college may carry [ |
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| handgun on the physical premises of a public junior college campus, | ||
| but only: | ||
| (1) in the manner provided by written regulations | ||
| adopted by the governing board; and | ||
| (2) at a specific public junior college campus as | ||
| specified by the governing board. | ||
| SECTION 4. Section 51.220(e), Education Code, as amended by | ||
| Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th | ||
| Legislature, Regular Session, 2021, is reenacted and amended to | ||
| read as follows: | ||
| (e) Any written regulations adopted for purposes of | ||
| Subsection (d): | ||
| (1) must [ |
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| [ |
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| (A) carry a concealed handgun [ |
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| (B) if wearing a uniform identifying the marshal | ||
| as a school marshal, openly carry a handgun on the school marshal's | ||
| person; or | ||
| (C) possess the handgun on the physical premises | ||
| of a public junior college campus in a locked and secured safe or | ||
| other locked and secured location; [ |
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| (2) must [ |
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| possessed by a school marshal [ |
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| duty ammunition approved for that purpose by the Texas Commission | ||
| on Law Enforcement; and | ||
| (3) [ |
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| the handgun in a locked container while on duty. | ||
| SECTION 5. This Act applies beginning with the 2023-2024 | ||
| school year. | ||
| SECTION 6. 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, 2023. | ||
