89R5972 JDK-D     By: Leach H.B. No. 5054       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.