HB3142 - Relating to school marshals, including eligibility for appointment as a school marshal, and licensure and training requirements.

      By: Isaac, Holt, Pierson, Lopez of Cameron, H.B. No. 3142       Dorazio, et al.     A BILL TO BE ENTITLED   AN ACT   relating to school marshals, including eligibility for appointment   as a school marshal, and licensure and training requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.0811, Education Code, is amended by   amending Subsections (b), (f), and (h) and adding Subsection (b-1)   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 certified as eligible for appointment under Section 1701.260,   Occupations Code, and is either:                 (1)   an employee of the school district or   open-enrollment charter school ; or                 (2)     a school district or open-enrollment charter   school volunteer who is:                       (A)     an honorably discharged veteran or active   duty member of the armed forces of the United States;                       (B)  a peace officer;                       (C)     a reserve law enforcement officer, as defined   by Section 1701.001, Occupations Code; or                       (D)     a retired peace officer, as defined by   Section 1701.3161, Occupations Code [ and certified as eligible for   appointment under Section 1701.260, 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;                (2)  suspension or revocation of the person's   [ employee's ] license to carry a handgun issued under Subchapter H,   Chapter 411, Government 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).          SECTION 2.  Sections 37.0813(b), (f), and (h), Education   Code, are amended 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 certified as eligible for appointment under Section 1701.260,   Occupations Code, and is either:                 (1)   an employee of the school ; or                 (2)  a school volunteer who is:                       (A)     an honorably discharged veteran or active   duty member of the armed forces of the United States;                       (B)  a peace officer;                       (C)     a reserve law enforcement officer, as defined   by Section 1701.001, Occupations Code; or                       (D)     a retired peace officer, as defined by   Section 1701.3161, Occupations Code [ and certified as eligible for   appointment under Section 1701.260, 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;                (2)  suspension or revocation of the person's   [ employee's ] license to carry a handgun issued under Subchapter H,   Chapter 411, Government 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).          SECTION 3.  Section 51.220, Education Code, is amended by   amending Subsections (c), (g), and (i) and adding Subsection (c-1)   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 certified as eligible for appointment under   Section 1701.260, Occupations Code, and is either:                 (1)   an employee of the public junior college ; or                 (2)  a volunteer of the public junior college who is:                       (A)     an honorably discharged veteran or active   duty member of the armed forces of the United States;                       (B)  a peace officer;                       (C)     a reserve law enforcement officer, as defined   by Section 1701.001, Occupations Code; or                       (D)     a retired peace officer, as defined by   Section 1701.3161, Occupations Code [ and certified as eligible for   appointment under Section 1701.260, 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;                (2)  suspension or revocation of the person's   [ employee's ] license to carry a concealed handgun issued under   Subchapter H, Chapter 411, Government 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).          SECTION 4.  Section 1701.260, Occupations Code, is amended   by amending Subsections (a), (a-1), (b), (i), and (j) and adding   Subsection (a-2) to read as follows:          (a)  The commission shall establish and maintain a training   program open to any employee or volunteer of a school district,   open-enrollment charter school, private school, or public junior   college :                 (1)  for an employee,  who holds a license to carry a   handgun issued under Subchapter H, Chapter 411, Government Code ; or                 (2)  for a volunteer, who is:                       (A)     an honorably discharged veteran or active   duty member of the armed forces of the United States;                       (B)  a peace officer;                       (C)     a reserve law enforcement officer, as defined   by Section 1701.001; or                       (D)     a retired peace officer, as defined by   Section 1701.3161 .           (a-1)   The training under the training program may be   conducted only by the commission staff or a provider approved by the   commission.           (a-2)  [ (a-1) ]  In this section, "private school" has the   meaning assigned by Article 2A.008, Code of Criminal Procedure.          (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 .          (i)  The commission shall revoke the [ a person's ] school   marshal license of a person described by Subsection (a)(1) if the   commission is notified by the Department of Public Safety that the   person's license to carry a handgun issued under Subchapter H,   Chapter 411, Government Code, has been suspended or revoked. A   person whose school marshal license is revoked may obtain   recertification by:                (1)  furnishing proof to the commission that the   person's handgun license has been reinstated; and                (2)  completing the initial training under Subsection   (c) to the satisfaction of the commission staff, paying the fee for   the training, and demonstrating psychological fitness on the   psychological examination described in Subsect [Text truncated for display. Full text available on Congress.gov.]