By: Villalba, Bonnen of Galveston, Fletcher,	H.B. No. 1009
	Menendez, Keffer, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of a new category of law enforcement
	officer who shall be designated a school marshal, the training and
	appointment of certain employees of a school district or
	open-enrollment charter school as school marshals, and the rights,
	restrictions, limitations, and responsibilities of school
	marshals; authorizing the imposition of a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Protection of
	Texas Children Act.
	SECTION 2.  Chapter 2, Code of Criminal Procedure, is
	amended by adding Article 2.127 to read as follows:
	Art. 2.127.  SCHOOL MARSHALS.  (a)  Except as provided by
	Subsection (b), a school marshal may make arrests and exercise all
	authority given peace officers under this code, subject to written
	regulations adopted by the board of trustees of a school district or
	the governing body of an open-enrollment charter school under
	Section 37.0811, Education Code, and only act as necessary to
	prevent or abate the commission of an offense that threatens
	serious bodily injury or death of students, faculty, or visitors on
	school premises.
	(b)  A school marshal may not issue a traffic citation for a
	violation of Chapter 521, Transportation Code, or Subtitle C, Title
	7, Transportation Code.
	(c)  A school marshal is not entitled to state benefits
	normally provided by the state to a peace officer.
	(d)  A person may not serve as a school marshal unless the
	person is:
	(1)  licensed under Section 1701.260, Occupations
	Code; and
	(2)  appointed by the board of trustees of a school
	district or the governing body of an open-enrollment charter school
	under Section 37.0811, Education Code.
	SECTION 3.  Subchapter C, Chapter 37, Education Code, is
	amended by adding Section 37.0811 to read as follows:
	Sec. 37.0811.  SCHOOL MARSHALS.  (a)  The board of trustees
	of a school district or the governing body of an open-enrollment
	charter school may appoint not more than one school marshal per 400
	students in average daily attendance per campus.
	(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 an employee of the school district or open-enrollment charter
	school and certified as eligible for appointment under Section
	1701.260, Occupations Code. The board of trustees or governing body
	may, but shall not be required to, reimburse the amount paid by the
	applicant to participate in the training program under that
	section.
	(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 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 provide that a school marshal may carry a
	concealed handgun 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 by or within
	access of a school marshal may be loaded only with frangible
	ammunition designed to disintegrate on impact for maximum safety
	and minimal danger to others.
	(e)  A school marshal may access a handgun under this section
	only under circumstances that would justify the use of deadly force
	under Section 9.32 or 9.33, Penal Code.
	(f)  A school district or charter school employee's status as
	a school marshal becomes inactive on:
	(1)  expiration of the employee's school marshal
	license under Section 1701.260, Occupations Code;
	(2)  suspension or revocation of the employee's license
	to carry a concealed handgun issued under Subchapter H, Chapter
	411, Government Code;
	(3)  termination of the employee's employment 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 employee's
	services as school marshal are no longer required.
	(g)  The identity of a school marshal appointed under this
	section is confidential, except as provided by Section 1701.260(j),
	Occupations Code, and is not subject to a request under Chapter 552,
	Government Code.
	SECTION 4.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.1871 to read as follows:
	Sec. 411.1871.  NOTICE OF SUSPENSION OR REVOCATION OF
	CERTAIN LICENSES.  The department shall notify the Texas Commission
	on Law Enforcement Officer Standards and Education if the
	department takes any action against the license of a person
	identified by the commission as a person certified under Section
	1701.260, Occupations Code, including suspension or revocation.
	SECTION 5.  Subchapter F, Chapter 1701, Occupations Code, is
	amended by adding Section 1701.260 to read as follows:
	Sec. 1701.260.  TRAINING FOR HOLDERS OF LICENSE TO CARRY
	CONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT AS
	SCHOOL MARSHAL.  (a)  The commission shall establish and maintain a
	training program open to any employee of a school district or
	open-enrollment charter school who holds a license to carry a
	concealed handgun issued under Subchapter H, Chapter 411,
	Government Code. The training may be conducted only by the
	commission staff or a provider approved by the commission.
	(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.
	(c)  The training program shall include 80 hours of
	instruction designed to:
	(1)  emphasize strategies for preventing school
	shootings and for securing the safety of potential victims of
	school shootings;
	(2)  educate a trainee about legal issues relating to
	the duties of peace officers and the use of force or deadly force in
	the protection of others;
	(3)  introduce the trainee to effective law enforcement
	strategies and techniques;
	(4)  improve the trainee's proficiency with a handgun;
	and
	(5)  enable the trainee to respond to an emergency
	situation requiring deadly force, such as a situation involving an
	active shooter.
	(d)  The commission, in consultation with psychologists,
	shall devise and administer to each trainee a psychological
	examination to determine whether the trainee is psychologically fit
	to carry out the duties of a school marshal in an emergency shooting
	or situation involving an active shooter.  The commission may
	license a person under this section only if the results of the
	examination indicate that the trainee is psychologically fit to
	carry out those duties.
	(e)  The commission shall charge each trainee a reasonable
	fee to cover the cost to the commission of conducting the program.
	The commission shall charge each person seeking renewal of a school
	marshal license a reasonable fee to cover the cost to the commission
	of renewing the person's license.
	(f)  The commission shall license a person who is eligible
	for appointment as a school marshal who:
	(1)  completes training under this section to the
	satisfaction of the commission staff; and
	(2)  is psychologically fit to carry out the duties of a
	school marshal as indicated by the results of the psychological
	examination administered under this section.
	(g)  A person's license under this section expires on the
	first birthday of the person occurring after the second anniversary
	of the date the commission licenses the person. A renewed school
	marshal license expires on the person's birth date, two years after
	the expiration of the previous license.
	(h)  A person may renew the school marshal license under this
	section by:
	(1)  successfully completing a renewal course designed
	and administered by the commission, which such license renewal
	training will not exceed 16 hours combined of classroom and
	simulation training;
	(2)  demonstrating appropriate knowledge on an
	examination designed and administered by the commission;
	(3)  demonstrating handgun proficiency to the
	satisfaction of the commission staff; and
	(4)  demonstrating psychological fitness on the
	examination described in Subsection (d).
	(i)  The commission shall revoke a person's school marshal
	license if the commission is notified by the Department of Public
	Safety that the person's license to carry a concealed 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 concealed 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 Subsection (d).
	(j)  The commission shall submit the identifying information
	collected under Subsection (b) for each person licensed by the
	commission under this section to:
	(1)  the director of the Department of Public Safety;
	(2)  the person's employer, if the person is employed by
	a school district or open-enrollment charter school;
	(3)  the chief law enforcement officer of the local
	municipal law enforcement agency if the person is employed at a
	campus of a school district or open-enrollment charter school
	located within a municipality;
	(4)  the sheriff of the county if the person is employed
	at a campus of a school district or open-enrollment charter school
	that is not located within a municipality; and
	(5)  the chief administrator of any peace officer
	commissioned under Section 37.081, Education Code, if the person is
	employed at a school district that has commissioned a peace officer
	under that section.
	(k)  The commission shall immediately report the expiration
	or revocation of a school marshal license to the persons listed in
	Subsection (j).
	(l)  Identifying information about a person collected or
	submitted under this section is confidential, except as provided by
	Subsection (j), and is not subject to disclosure under Chapter 552,
	Government Code.
	SECTION 6.  Section 1701.001, Occupations Code, is amended
	to read as follows:
	Sec. 1701.001.  DEFINITIONS. In this chapter:
	(1)  "Commission" means the Commission on Law
	Enforcement Officer Standards and Education.
	(2)  "County jailer" means a person employed as a
	county jail guard under Section 85.005, Local Government Code.
	(3)  "Officer" means a peace officer or reserve law
	enforcement officer.
	(4)  "Peace officer" means a person elected, employed,
	or appointed as a peace officer under Article 2.12, Code of Criminal
	Procedure, or other law.
	(5)  "Public security officer" means a person employed
	or appointed as an armed security officer by this state or a
	political subdivision of this state. The term does not include a
	security officer employed by a private security company that
	contracts with this state or a political subdivision of this state
	to provide security services for the entity.
	(6)  "Reserve law enforcement officer" means a person
	designated as a reserve law enforcement officer under Section
	85.004, 86.012, or 341.012, Local Government Code, or Section
	60.0775, Water Code.
	(7)  "Telecommunicator" means a person acknowledged by
	the commission and employed by or serving a law enforcement agency
	that performs law enforcement services on a 24-hour basis who
	receives, processes, and transmits public safety information and
	criminal justice data for the agency by using a base radio station
	on a public safety frequency regulated by the Federal
	Communications Commission or by another method of communication.
	(8)  "School marshal" means a person employed and
	appointed by the board of trustees of a school district or the
	governing body of an open-enrollment charter school under Article
	2.127, Code of Criminal Procedure, and in accordance with and
	having the rights provided by Section 37.0811, Education Code.
	SECTION 7.  Section 1701.301, Occupations Code, is amended
	to read as follows:
	Sec. 1701.301.  LICENSE REQUIRED. Except as provided by
	Sections 1701.310 and 1701.311, a person may not appoint a person to
	serve as an officer, county jailer, school marshal, or public
	security officer unless the person appointed holds an appropriate
	license issued by the commission.
	SECTION 8.  The Commission on Law Enforcement Officer
	Standards and Education shall establish a school marshal training
	program as required by Section 1701.260, Occupations Code, as added
	by this Act, not later than January 1, 2014.
	SECTION 9.  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, 2013.