88R4406 JTZ-D
 
  By: Campbell S.B. No. 709
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to school marshals, including eligibility for appointment
  as a school marshal, licensure and training requirements, and
  school marshal uniforms or badges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.127(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  A person may not serve as a school marshal unless the
  person is:
               (1)  licensed:
                     (A)  as a peace officer under Chapter 1701,
  Occupations Code; or
                     (B)  under Section 1701.260, Occupations Code;
  and
               (2)  appointed by:
                     (A)  the board of trustees of a school district or
  the governing body of an open-enrollment charter school under
  Section 37.0811, Education Code;
                     (B)  the governing body of a private school under
  Section 37.0813, Education Code; or
                     (C)  the governing board of a public junior
  college under Section 51.220, Education Code.
         SECTION 2.  Section 37.0811, Education Code, is amended by
  amending Subsections (b), (f), and (h) and adding Subsections
  (b-1), (i), and (j) to read as follows:
         (b)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school may select for
  appointment as a school marshal under this section an applicant who
  is:
               (1)  either:
                     (A)  an employee of the school district or
  open-enrollment charter school; or
                     (B)  a school district or open-enrollment charter
  school volunteer who is:
                           (i)  an honorably discharged veteran or
  active duty member of the armed forces of the United States;
                           (ii)  a peace officer;
                           (iii)  a reserve law enforcement officer, as
  defined by Section 1701.001, Occupations Code; or
                           (iv)  a retired peace officer, as defined by
  Section 1701.3161, Occupations Code; and
               (2)  either:
                     (A)  certified as eligible for appointment under
  Section 1701.260, Occupations Code; or
                     (B)  licensed as a peace officer under Chapter
  1701, Occupations Code.
         (b-1)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school may, but shall
  not be required to, reimburse the amount paid by an [the] applicant
  for appointment as a school marshal to participate in the training
  program under Section 1701.260, Occupations Code [that section].
         (f)  A person's [school district or charter school
  employee's] status as a school marshal becomes inactive on:
               (1)  expiration of the person's [employee's] school
  marshal license under Section 1701.260, Occupations Code, or peace
  officer license under Chapter 1701, Occupations Code, as
  applicable;
               (2)  suspension or revocation of the person's
  [employee's] license to carry a handgun issued under Subchapter H,
  Chapter 411, Government Code, if the person is licensed as a school
  marshal under Section 1701.260, Occupations Code;
               (3)  termination of the person's [employee's]
  employment or volunteer service, as applicable, 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 person's
  [employee's] services as school marshal are no longer required.
         (h)  If a parent or guardian of a student enrolled at a school
  inquires in writing, the school district or open-enrollment charter
  school shall provide the parent or guardian written notice
  indicating whether any person [employee of the school] is currently
  appointed a school marshal. The notice may not disclose
  information that is confidential under Subsection (g).
         (i)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school may require or
  authorize a person appointed school marshal to wear a distinctive
  uniform or badge indicating the person's status as a school
  marshal.
         (j)  A school district or open-enrollment charter school
  shall provide to each newly appointed school marshal training
  specific to the campus at which the school marshal is employed or
  volunteers that includes:
               (1)  an overview of campus grounds and facilities;
               (2)  daily schedules;
               (3)  the district's or school's multihazard emergency
  operations plan adopted under Section 37.108; and
               (4)  the contact information for any person to be
  notified in the event of an emergency or a nonemergency incident.
         SECTION 3.  Section 37.0813, Education Code, is amended by
  amending Subsections (b), (f), and (h) and adding Subsections (j)
  and (k) to read as follows:
         (b)  The governing body of a private school may select for
  appointment as a school marshal under this section an applicant who
  is:
               (1)  either:
                     (A)  an employee of the school; or
                     (B)  a school volunteer who is:
                           (i)  an honorably discharged veteran or
  active duty member of the armed forces of the United States;
                           (ii)  a peace officer;
                           (iii)  a reserve law enforcement officer, as
  defined by Section 1701.001, Occupations Code; or
                           (iv)  a retired peace officer, as defined by
  Section 1701.3161, Occupations Code; and
               (2)  either:
                     (A)  certified as eligible for appointment under
  Section 1701.260, Occupations Code; or
                     (B)  licensed as a peace officer under Chapter
  1701, Occupations Code.
         (f)  A person's [private school employee's] status as a
  school marshal becomes inactive on:
               (1)  expiration of the person's [employee's] school
  marshal license under Section 1701.260, Occupations Code, or peace
  officer license under Chapter 1701, Occupations Code, as
  applicable;
               (2)  suspension or revocation of the person's
  [employee's] license to carry a handgun issued under Subchapter H,
  Chapter 411, Government Code, if the person is licensed as a school
  marshal under Section 1701.260, Occupations Code;
               (3)  termination of the person's [employee's]
  employment or volunteer service, as applicable, with the private
  school; or
               (4)  notice from the governing body that the person's
  [employee's] services as school marshal are no longer required.
         (h)  If a parent or guardian of a student enrolled at a
  private school inquires in writing, the school shall provide the
  parent or guardian written notice indicating whether any person
  [employee of the school] is currently appointed a school marshal.
  The notice may not disclose information that is confidential under
  Subsection (g).
         (j)  The governing body of a private school may require or
  authorize a person appointed school marshal to wear a distinctive
  uniform or badge indicating the person's status as a school
  marshal.
         (k)  A private school shall provide to each newly appointed
  school marshal training specific to the campus at which the school
  marshal is employed or volunteers that includes:
               (1)  an overview of campus grounds and facilities;
               (2)  daily schedules;
               (3)  any emergency operations plan adopted by the
  school; and
               (4)  the contact information for any person to be
  notified in the event of an emergency or a nonemergency incident.
         SECTION 4.  Section 51.220, Education Code, is amended by
  amending Subsections (c), (g), and (i) and adding Subsections
  (c-1), (j), and (k) to read as follows:
         (c)  The governing board of a public junior college may
  select for appointment as a school marshal under this section an
  applicant who is:
               (1)  either:
                     (A)  an employee of the public junior college; or
                     (B)  a volunteer of the public junior college who
  is:
                           (i)  an honorably discharged veteran or
  active duty member of the armed forces of the United States;
                           (ii)  a peace officer;
                           (iii)  a reserve law enforcement officer, as
  defined by Section 1701.001, Occupations Code; or
                           (iv)  a retired peace officer, as defined by
  Section 1701.3161, Occupations Code; and
               (2)  either:
                     (A)  certified as eligible for appointment under
  Section 1701.260, Occupations Code; or
                     (B)  licensed as a peace officer under Chapter
  1701, Occupations Code.
         (c-1)  The governing board of a public junior college may,
  but shall not be required to, reimburse the amount paid by an [the]
  applicant for appointment as a school marshal to participate in the
  training program under Section 1701.260, Occupations Code [that
  section].
         (g)  A person's [public junior college employee's] status as
  a school marshal becomes inactive on:
               (1)  expiration of the person's [employee's] school
  marshal license under Section 1701.260, Occupations Code, or peace
  officer license under Chapter 1701, Occupations Code, as
  applicable;
               (2)  suspension or revocation of the person's
  [employee's] license to carry a concealed handgun issued under
  Subchapter H, Chapter 411, Government Code, if the person is
  licensed as a school marshal under Section 1701.260, Occupations
  Code;
               (3)  termination of the person's [employee's]
  employment or volunteer service, as applicable, with the public
  junior college; or
               (4)  notice from the governing board of the public
  junior college that the person's [employee's] services as school
  marshal are no longer required.
         (i)  If a parent or guardian of a student enrolled at a public
  junior college inquires in writing, the governing board of the
  public junior college shall provide the parent or guardian written
  notice indicating whether any person [employee of the public junior
  college] is currently appointed a school marshal. The notice may
  not disclose information that is confidential under Subsection (h).
         (j)  The governing body of a public junior college may
  require or authorize a person appointed school marshal to wear a
  distinctive uniform or badge indicating the person's status as a
  school marshal.
         (k)  A public junior college shall provide to each newly
  appointed school marshal training specific to the campus at which
  the school marshal is employed or volunteers that includes:
               (1)  an overview of campus grounds and facilities;
               (2)  daily schedules;
               (3)  the college's multihazard emergency operations
  plan adopted under Section 37.108; and
               (4)  the contact information for any person to be
  notified in the event of an emergency or a nonemergency incident.
         SECTION 5.  Section 1701.001(8), Occupations Code, is
  amended to read as follows:
               (8)  "School marshal" means a person who:
                     (A)  is appointed to serve as a school marshal by:
                           (i)  the board of trustees of a school
  district or the governing body of an open-enrollment charter school
  under Section 37.0811, Education Code;
                           (ii)  the governing body of a private school
  under Section 37.0813, Education Code; or
                           (iii)  the governing board of a public
  junior college under Section 51.220, Education Code;
                     (B)  is licensed:
                           (i)  as a peace officer under this chapter;
  or
                           (ii) under Section 1701.260; and
                     (C)  has powers and duties described by Article
  2.127, Code of Criminal Procedure.
         SECTION 6.  Section 1701.260, Occupations Code, is amended
  by amending Subsections (a), (b), and (j) and adding Subsection
  (f-1) to read as follows:
         (a)  The commission shall establish and maintain a training
  program open to any employee or school volunteer of a school
  district, open-enrollment charter school, private school, or
  public junior college who holds a license to carry a handgun issued
  under Subchapter H, Chapter 411, Government Code. The training may
  be conducted only by the commission staff or a provider approved by
  the commission.
         (b)  The commission shall collect from each person who
  participates in the training program identifying information that
  includes the person's name, the person's date of birth, the license
  number of the license issued to the person under Subchapter H,
  Chapter 411, Government Code, and the address of the person's place
  of employment or volunteer service, as applicable.
         (f-1)  The commission shall require each person licensed
  under this section to successfully complete a handgun proficiency
  test as prescribed by commission rule not later than August 1 of
  each year in order to maintain the person's license.
         (j)  The commission shall submit the identifying information
  collected under Subsection (b) for each person licensed by the
  commission under this section to:
               (1)  the director of the Department of Public Safety;
               (2)  the [person's employer, if the person is employed
  by a] school district, open-enrollment charter school, private
  school, or public junior college at which the person is employed or
  volunteers;
               (3)  the chief law enforcement officer of the local
  municipal law enforcement agency if the person is employed or
  volunteers at a campus of a school district, open-enrollment
  charter school, private school, or public junior college located
  within a municipality;
               (4)  the sheriff of the county if the person is employed
  or volunteers at a campus of a school district, open-enrollment
  charter school, private school, or public junior college that is
  not located within a municipality; and
               (5)  the chief administrator of any peace officer
  commissioned under Section 37.081 or 51.203, Education Code, if the
  person is employed or volunteers at a school district or public
  junior college that has commissioned a peace officer under either
  section.
         SECTION 7.  Section 1701.260(f-1), Occupations Code, as
  added by this Act, applies only to a license issued or renewed under
  that section on or after the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2023.