uniformed school marshals can open carry

The text as introduced · 750 words

89R5972 JDK-D

By: Birdwell
S.B. No. 870

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 2025-2026

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, 2025.