By: Taylor of Collin	S.B. No. 386
	(In the Senate - Filed January 28, 2015; February 2, 2015,
	read first time and referred to Committee on Higher Education;
	April 7, 2015, reported favorably by the following vote:  Yeas 6,
	Nays 0; April 7, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of school marshals by public junior
	colleges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Articles 2.127(a) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  Except as provided by Subsection (b), a school marshal
	may make arrests and exercise all authority given peace officers
	under this code, subject to written regulations adopted by the
	board of trustees of a school district, [or] the governing body of
	an open-enrollment charter school, or the governing board of a
	public junior college under Section 37.0811, Education Code, and
	only act as necessary to prevent or abate the commission of an
	offense that threatens serious bodily injury or death of students,
	faculty, or visitors on school premises.
	(d)  A person may not serve as a school marshal unless the
	person is:
	(1)  licensed under Section 1701.260, Occupations
	Code; and
	(2)  appointed by the board of trustees of a school
	district, [or] the governing body of an open-enrollment charter
	school, or the governing board of a public junior college under
	Section 37.0811, Education Code.
	SECTION 2.  Sections 37.0811(a), (b), (c), and (f),
	Education Code, are amended to read as follows:
	(a)  The board of trustees of a school district, [or] the
	governing body of an open-enrollment charter school, or the
	governing board of a public junior college may appoint not more than
	one school marshal per 400 students in average daily attendance per
	campus.
	(b)  The board of trustees of a school district, [or] the
	governing body of an open-enrollment charter school, or the
	governing board of a public junior college may select for
	appointment as a school marshal under this section an applicant who
	is an employee of the school district, [or] open-enrollment charter
	school, or public junior college and certified as eligible for
	appointment under Section 1701.260, Occupations Code.  The board of
	trustees, [or] governing body, or governing board may, but shall
	not be required to, reimburse the amount paid by the applicant to
	participate in the training program under that section.
	(c)  A school marshal appointed by the board of trustees of a
	school district, [or] the governing body of an open-enrollment
	charter school, or the governing board of a public junior college
	may carry 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, or the
	governing board; and
	(2)  at a specific school as specified by the board of
	trustees, [or] governing body, or governing board, as applicable.
	(f)  A school district, [or] charter school, or 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;
	(3)  termination of the employee's employment with the
	district, [or] charter school, or public junior college; or
	(4)  notice from the board of trustees of the district,
	[or] the governing body of the charter school, or the governing
	board of the public junior college that the employee's services as
	school marshal are no longer required.
	SECTION 3.  Sections 1701.260(a) and (j), Occupations Code,
	are amended to read as follows:
	(a)  The commission shall establish and maintain a training
	program open to any employee of a school district, [or]
	open-enrollment charter school, or public junior college who holds
	a license to carry a concealed 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.
	(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, [or] open-enrollment charter school, or public
	junior college;
	(3)  the chief law enforcement officer of the local
	municipal law enforcement agency if the person is employed at a
	campus of a school district, [or] open-enrollment charter school,
	or public junior college located within a municipality;
	(4)  the sheriff of the county if the person is employed
	at a campus of a school district, [or] open-enrollment charter
	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, Education Code, if the person is
	employed at a school district that has commissioned a peace officer
	under that section.
	SECTION 4.  Section 1701.001(8), Occupations Code, is
	amended to read as follows:
	(8)  "School marshal" means a person employed and
	appointed by the board of trustees of a school district, [or] the
	governing body of an open-enrollment charter school, or the
	governing board of a public junior college under Article 2.127,
	Code of Criminal Procedure, and in accordance with and having the
	rights provided by Section 37.0811, Education Code.
	SECTION 5.  This Act takes effect September 1, 2015.
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