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.