Bill Text: TX SB406 | 2019-2020 | 86th Legislature | Engrossed

---

Bill Title: Relating to the carrying or storage of a handgun by a school marshal.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2019-05-01 - Left pending in committee [SB406 Detail]

Download: Texas-2019-SB406-Engrossed.html

---

By: Birdwell, Bettencourt S.B. No. 406
West

A BILL TO BE ENTITLED
AN ACT
relating to the carrying or storage of a handgun by a school
marshal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.0811(c), (d), and (e), 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 provide that a school marshal may carry a
concealed handgun on the school marshal's person or [as described
by Subsection (c), except that if the primary duty of the school
marshal involves regular, direct contact with students, the marshal
may not carry a concealed handgun but may] possess the [a] handgun
on the physical premises of a school in a locked and secured safe or
other locked and secured location [within the marshal's immediate
reach when conducting the marshal's primary duty]. The written
regulations must also require that a handgun carried or possessed
by [or within access of] a school marshal may be loaded only with
frangible duty ammunition approved for that purpose by the Texas
Commission on Law Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 2. Sections 37.0813(c), (d), and (e), 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 provide that a school marshal may carry a
concealed handgun on the school marshal's person or [as described
by Subsection (c), except that if the primary duty of the school
marshal involves regular, direct contact with students in a
classroom setting, the marshal may not carry a concealed handgun
but may] possess the [a] handgun on the physical premises of a
school in a locked and secured safe or other locked and secured
location [within the marshal's immediate reach when conducting the
marshal's primary duty]. The written regulations must also require
that a handgun carried or possessed by [or within access of] a
school marshal may be loaded only with frangible duty ammunition
approved for that purpose by the Texas Commission on Law
Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 3. Sections 51.220(d), (e), and (f), Education
Code, are 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.
(e) Any written regulations adopted for purposes of
Subsection (d) must provide that a school marshal may carry a
concealed handgun on the school marshal's person or [as described
by Subsection (d), except that if the primary duty of the school
marshal involves regular, direct contact with students, the marshal
may not carry a concealed handgun but may] possess the [a] handgun
on the physical premises of a public junior college campus in a
locked and secured safe or other locked and secured location
[within the marshal's immediate reach when conducting the marshal's
primary duty]. The written regulations must also require that a
handgun carried or possessed by [or within access of] a school
marshal may be loaded only with frangible duty ammunition approved
for that purpose by the Texas Commission on Law Enforcement.
(f) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 4. This Act applies beginning with the 2019-2020
school year.
SECTION 5. 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, 2019.