McLaughlin Firearm Safety Bill Requires A Program 30-Plus Years Old

The text as introduced · 678 words

By: McLaughlin
H.B. No. 3587

A BILL TO BE ENTITLED

AN ACT

relating to firearm safety instruction in public schools and

certain private schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 28, Education Code, is

amended by adding Section 28.0123 to read as follows.

Sec. 28.0123. FIREARM SAFETY INSTRUCTION. (a) The State

Board of Education by rule shall require instruction in firearm

safety for students in grades 6 through 12.

(b) A school district or open-enrollment charter school

shall provide instruction in firearm safety to students in grades 6

through 12 in a manner consistent with the requirements of this

section and State Board of Education rules adopted under this

section. The instruction may be provided as a part of any course.

Each student enrolled in the district or school shall receive the

instruction at least once before the student's high school

graduation.

(c) The instruction required under this section:

(1) must:

(A) be based on a firearms accident prevention

program that has been in operation for at least 30 years;

(B) be designed to help parents, law enforcement,

community groups, and educators navigate firearm safety with

students in an age-appropriate manner;

(C) be developed by a task force that includes

educators, school administrators, curriculum specialists, urban

housing safety officials, clinical psychologists, law enforcement

officials, and firearm safety experts from a national rifle

association; and

(D) provide instruction on simple, easy to

remember steps for a student to follow if the student encounters a

firearm; and

(2) may not:

(A) include instruction on firearm operation or

qualifications for the carry or use of a firearm;

(B)include instruction related to hunting; or

(C) use operational firearms as part of the

instruction.

(d) The instruction required under this section must be

provided by:

(1) an instructor who is certified by a recognized

national or state association, including:

(A) a firearm association;

(B) a civilian marksmanship program; or

(C) any private institution, academy, or

organization that provides firearms training as described by this

section; or

(2) an active or retired law enforcement officer, as

defined by Section 411.441, Government Code.

(e) A school district or open-enrollment charter school

shall excuse a student from instruction under this section without

subjecting the student to any disciplinary action, academic

penalty, or other sanction if:

(1) the student's parent or legal guardian submits a

written request that the student be excused from the instruction;

or

(2) for a student enrolled in the district's or

school's special education program under Subchapter A, Chapter 29,

the student's admissions, review, and dismissal committee

determines that the instruction is not appropriate for the student.

(f) At least two weeks before the date on which a school

district or open-enrollment charter school plans to provide

instruction under this section, the district or school shall

provide written notice to the parent or legal guardian of each

student enrolled in grades 6 through 12 in the district or school of

the intent to provide instruction under this section. The notice

must include:

(1) a summary of the basic content of the instruction

to be provided to the student; and

(2) a statement of the parent's or legal guardian's

right to remove the student from any part of the instruction as

provided by Subsection (e)(1).

(g) A school district or open-enrollment charter school may

accept donations from any source for equipment or services, other

than operational firearms, for use in providing the instruction

required under this section.

(h) This section applies to a private school that receives

state money related to the provision of education or educational

services to a student who is eligible under Section 25.001 for

admission to a public school.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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, 2025.