Bill Text: TX HB5077 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to licensure and training requirements for school marshals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Homeland Security & Public Safety [HB5077 Detail]

Download: Texas-2023-HB5077-Introduced.html
  88R8870 JTZ-D
 
  By: Burrows H.B. No. 5077
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to licensure and training requirements for school
  marshals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0811(f), Education Code, is amended
  to read as follows:
         (f)  A school district or charter school employee's status as
  a school marshal becomes inactive on:
               (1)  expiration of the employee's school marshal
  license under Section 1701.260, Occupations Code;
               (2)  suspension or revocation of the employee's license
  to carry a handgun issued under Subchapter H, Chapter 411,
  Government Code, if the employee is required to hold that license as
  a condition of the employee's school marshal license under Section
  1701.260, Occupations Code;
               (3)  termination of the employee's employment with the
  district or charter school; or
               (4)  notice from the board of trustees of the district
  or the governing body of the charter school that the employee's
  services as school marshal are no longer required.
         SECTION 2.  Section 37.0813(f), Education Code, is amended
  to read as follows:
         (f)  A private school employee's status as a school marshal
  becomes inactive on:
               (1)  expiration of the employee's school marshal
  license under Section 1701.260, Occupations Code;
               (2)  suspension or revocation of the employee's license
  to carry a handgun issued under Subchapter H, Chapter 411,
  Government Code, if the employee is required to hold that license as
  a condition of the employee's school marshal license under Section
  1701.260, Occupations Code;
               (3)  termination of the employee's employment with the
  private school; or
               (4)  notice from the governing body that the employee's
  services as school marshal are no longer required.
         SECTION 3.  Section 51.220(g), Education Code, is amended to
  read as follows:
         (g)  A public junior college employee's status as a school
  marshal becomes inactive on:
               (1)  expiration of the employee's school marshal
  license under Section 1701.260, Occupations Code;
               (2)  suspension or revocation of the employee's license
  to carry a concealed handgun issued under Subchapter H, Chapter
  411, Government Code, if the employee is required to hold that
  license as a condition of the employee's school marshal license
  under Section 1701.260, Occupations Code;
               (3)  termination of the employee's employment with the
  public junior college; or
               (4)  notice from the governing board of the public
  junior college that the employee's services as school marshal are
  no longer required.
         SECTION 4.  Subchapter C, Chapter 96, Education Code, is
  amended by adding Section 96.42 to read as follows:
         Sec. 96.42.  CERTAIN REQUIRED TRAINING PROVIDED BY ADVANCED
  LAW ENFORCEMENT RAPID RESPONSE TRAINING CENTER. The Advanced Law
  Enforcement Rapid Response Training Center at Texas State
  University--San Marcos shall offer to a person participating in a
  school marshal training program under Section 1701.260,
  Occupations Code, a course of instruction designed to prepare the
  person to isolate, distract, and neutralize an active shooter.
         SECTION 5.  Section 1701.260, Occupations Code, is amended
  by amending Subsections (a), (a-1), and (i) and adding Subsections
  (a-2) and (c-1) to read as follows:
         (a)  The commission shall establish and maintain a training
  program open to any employee of a school district, open-enrollment
  charter school, private school, or public junior college who:
               (1)  holds a license to carry a handgun issued under
  Subchapter H, Chapter 411, Government Code;
               (2)  is a retired peace officer, as defined by Section
  1701.3161; or
               (3)  is an honorably discharged veteran of the armed
  forces of the United States.
         (a-1)  The training under the training program may be
  conducted only by the commission staff or a provider approved by the
  commission.
         (a-2) [(a-1)]  In this section, "private school" has the
  meaning assigned by Article 2.127, Code of Criminal Procedure.
         (c-1)  For the instruction required under Subsection (c)(5),
  the commission shall require a trainee to complete a course of
  instruction offered by the Advanced Law Enforcement Rapid Response
  Training Center at Texas State University--San Marcos that is
  designed to prepare the trainee to isolate, distract, and
  neutralize an active shooter.
         (i)  The commission shall revoke the [a person's] school
  marshal license of a person described by Subsection (a)(1) if the
  commission is notified by the Department of Public Safety that the
  person's license to carry a handgun issued under Subchapter H,
  Chapter 411, Government Code, has been suspended or revoked. A
  person whose school marshal license is revoked may obtain
  recertification by:
               (1)  furnishing proof to the commission that the
  person's handgun license has been reinstated; and
               (2)  completing the initial training under Subsection
  (c) to the satisfaction of the commission staff, paying the fee for
  the training, and demonstrating psychological fitness on the
  psychological examination described in Subsection (d).
         SECTION 6.  Not later than April 1, 2024, the Texas
  Commission on Law Enforcement shall develop a school marshal
  training program under Section 1701.260, Occupations Code, as
  amended by this Act, that may be offered over a number of
  consecutive Saturdays during a school year.
         SECTION 7.  This Act takes effect September 1, 2023.
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