|   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
            
               A BILL TO BE ENTITLED
             | 
         
         
            | 
                
			 | 
            
               AN ACT
             | 
         
         
            | 
                
			 | 
            relating to the carrying and possession of a concealed handgun by a  | 
         
         
            | 
                
			 | 
            school marshal. | 
         
         
            | 
                
			 | 
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
            | 
                
			 | 
                   SECTION 1.  Section 37.0811(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Any written regulations adopted for purposes of  | 
         
         
            | 
                
			 | 
            Subsection (c): | 
         
         
            | 
                
			 | 
                         (1)  must: | 
         
         
            | 
                
			 | 
                               (A)  authorize [provide that] a school marshal to | 
         
         
            | 
                
			 | 
            [may] carry a concealed handgun on or about the marshal's person;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (B)  [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 a handgun on the physical premises of a  | 
         
         
            | 
                
			 | 
            school 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 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; and | 
         
         
            | 
                
			 | 
                         (2)  may not require a school marshal to store the  | 
         
         
            | 
                
			 | 
            handgun in a locked and secured safe or other location while on  | 
         
         
            | 
                
			 | 
            duty. | 
         
         
            | 
                
			 | 
                   SECTION 2.  Section 37.0813(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Any written regulations adopted for purposes of  | 
         
         
            | 
                
			 | 
            Subsection (c) must: | 
         
         
            | 
                
			 | 
                         (1)  provide that a school marshal may carry a  | 
         
         
            | 
                
			 | 
            concealed handgun as described by Subsection (c); and | 
         
         
            | 
                
			 | 
                         (2)  [, 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 a handgun on the physical premises of a school 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 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. | 
         
         
            | 
                
			 | 
                   SECTION 3.  Section 51.220(e), Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (e)  Any written regulations adopted for purposes of  | 
         
         
            | 
                
			 | 
            Subsection (d): | 
         
         
            | 
                
			 | 
                         (1)  must: | 
         
         
            | 
                
			 | 
                               (A)  authorize [provide that] a school marshal to | 
         
         
            | 
                
			 | 
            [may] carry a concealed handgun on or about the marshal's person;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (B)  [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 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; and | 
         
         
            | 
                
			 | 
                         (2)  may not require a school marshal to store the  | 
         
         
            | 
                
			 | 
            handgun in a locked and secured safe or other location while on  | 
         
         
            | 
                
			 | 
            duty. | 
         
         
            | 
                
			 | 
                   SECTION 4.  This Act applies beginning with the 2021-2022  | 
         
         
            | 
                
			 | 
            academic 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, 2021. |