88R12579 TSS-D
	By: Slawson	H.B. No. 4007

	A BILL TO BE ENTITLED
	AN ACT
	relating to the open carrying of a handgun by a uniformed school
	marshal.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 37.0811(c) and (d), Education Code, are
	amended to read as follows:
	(c)  A school marshal appointed by the board of trustees of a
	school district or the governing body of an open-enrollment charter
	school may carry [a concealed handgun] 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; and
	(2)  at a specific school as specified by the board of
	trustees or governing body, as applicable.
	(d)  Any written regulations adopted for purposes of
	Subsection (c) must:
	(1)  provide that a school marshal may:
	(A)  carry a concealed handgun on the school
	marshal's person;
	(B)  if wearing a uniform identifying the marshal
	as a school marshal, openly carry a handgun on the school marshal's
	person; or
	(C)  possess the handgun on the physical premises
	of a school in a locked and secured safe or other locked and secured
	location; and
	(2)  [.  The written regulations must also] require
	that a handgun carried or possessed by a school marshal [may] be
	loaded only with frangible duty ammunition approved for that
	purpose by the Texas Commission on Law Enforcement.
	SECTION 2.  Sections 37.0813(c) and (d), Education Code, are
	amended to read as follows:
	(c)  A school marshal appointed by the governing body of a
	private school may carry [a concealed handgun] or possess a handgun
	on the physical premises of a school, but only in the manner
	provided by written regulations adopted by the governing body.
	(d)  Any written regulations adopted for purposes of
	Subsection (c) must:
	(1)  provide that a school marshal may:
	(A)  carry a concealed handgun on the school
	marshal's person;
	(B)  if wearing a uniform identifying the marshal
	as a school marshal, openly carry a handgun on the school marshal's
	person; or
	(C)  possess the handgun on the physical premises
	of a school in a locked and secured safe or other locked and secured
	location; and
	(2)  [.  The written regulations must also] require
	that a handgun carried or possessed by 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(d), Education Code, is amended to
	read as follows:
	(d)  A school marshal appointed by the governing board of a
	public junior college may carry [a concealed handgun] 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.
	SECTION 4.  Section 51.220(e), Education Code, as amended by
	Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th
	Legislature, Regular Session, 2021, is reenacted and amended to
	read as follows:
	(e)  Any written regulations adopted for purposes of
	Subsection (d):
	(1)  must [:
	[(A)] authorize a school marshal to:
	(A)  carry a concealed handgun [as described by
	Subsection (d)] on the school marshal's person;
	(B)  if wearing a uniform identifying the marshal
	as a school marshal, openly carry a handgun on the school marshal's
	person; or
	(C)  possess the handgun on the physical premises
	of a public junior college campus in a locked and secured safe or
	other locked and secured location; [and]
	(2)  must [(B)]  require that a handgun carried or
	possessed by a school marshal [to] be loaded only with frangible
	duty ammunition approved for that purpose by the Texas Commission
	on Law Enforcement; and
	(3) [(2)]  may not require a school marshal to store
	the handgun in a locked container while on duty.
	SECTION 5.  This Act applies beginning with the 2023-2024
	school year.
	SECTION 6.  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, 2023.