S.B. No. 386

	AN ACT
	relating to school marshals for public junior colleges, notifying a
	parent or guardian whether an employee of a public junior college is
	appointed school marshal, and the confidentiality of information
	submitted to or collected by the Texas Commission on Law
	Enforcement in connection with a certification for appointment as
	school marshal.
	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 under Section 37.0811, Education
	Code, or the governing board of a public junior college under
	Section 51.220, 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
	under Section 37.0811, Education Code, or the governing board of a
	public junior college under Section 51.220, Education Code.
	SECTION 2.  Subchapter E, Chapter 51, Education Code, is
	amended by adding Section 51.220 to read as follows:
	Sec. 51.220.  PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS.
	(a)  In this section, "public junior college" has the meaning
	assigned by Section 61.003.
	(b)  The governing board of a public junior college may
	appoint one or more school marshals.
	(c)  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 public junior college and
	certified as eligible for appointment under Section 1701.260,
	Occupations Code. The 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.
	(d)  A school marshal appointed by the governing board of a
	public junior college may carry 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 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 a handgun on the physical premises of a
	public junior college campus in a locked and secured safe within the
	marshal's immediate reach when conducting the marshal's primary
	duty. The written regulations must also require that a handgun
	carried by or within access of a school marshal may be loaded only
	with frangible ammunition designed to disintegrate on impact for
	maximum safety and minimal danger to others.
	(f)  A school marshal may access a handgun under this section
	only under circumstances that would justify the use of deadly force
	under Section 9.32 or 9.33, Penal Code.
	(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;
	(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.
	(h)  The identity of a school marshal appointed under this
	section is confidential, except as provided by Section 1701.260(j),
	Occupations Code, and is not subject to a request under Chapter 552,
	Government Code.
	(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 employee of the public junior college
	is currently appointed a school marshal. The notice may not
	disclose information that is confidential under Subsection (h).
	SECTION 3.  Sections 1701.260(a), (j), and (l), 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 or 51.203, Education Code, if the
	person is employed at a school district or public junior college
	that has commissioned a peace officer under either [that] section.
	(l)  All [Identifying] information [about a person]
	collected or submitted under this section is confidential, except
	as provided by Subsection (j), and is not subject to disclosure
	under Chapter 552, Government Code.
	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 or 51.220, Education Code.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 386 passed the Senate on
	April 9, 2015, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 28, 2015, by the
	following vote: Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 386 passed the House, with
	amendment, on May 22, 2015, by the following vote: Yeas 140,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor