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88(R) HB 4007 - Introduced version - Bill Text

Category: Legislation
88(R) HB 4007 - Introduced version - Bill Text

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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [a concealed handgun] or possess a handgun on the
  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)  [.  The written regulations must also] require
  that a handgun carried or possessed by a school marshal [may] be
  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 [a concealed handgun] or possess a handgun
  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)  [.  The written regulations must also] require
  that a handgun carried or possessed by a school marshal [may] be
  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 [a concealed handgun] or possess a
  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 [:
                     [(A)] authorize a school marshal to:
                     (A)  carry a concealed handgun [as described by
  Subsection (d)] 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 public junior college campus in a locked and secured safe or
  other locked and secured location; [and]
               (2)  must [(B)]  require that a handgun carried or
  possessed by a school marshal [to] be loaded only with frangible
  duty ammunition approved for that purpose by the Texas Commission
  on Law Enforcement; and
               (3) [(2)]  may not require a school marshal to store
  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.
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