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Key Votes

HB 1009 - Establishes "School Marshal" as a New Category of Law Enforcement for Schools - Key Vote

Texas Key Votes

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Issues

Stage Details

Legislation - Signed (Executive) -

Title: Establishes "School Marshal" as a New Category of Law Enforcement for Schools

Legislation - Bill Passed (Senate) (27-4) - (Key vote)

Title: Establishes "School Marshal" as a New Category of Law Enforcement for Schools

Vote Smart's Synopsis:

Vote to pass a bill that establishes "school marshal" as a new category of law enforcement for schools, effective immediately.

Highlights:
  • Establishes “school marshal” as a new category of law enforcement in schools to be appointed by a school’s board of trustees or governing body (Sec. 2). 
  • Authorizes a school marshal to exercise all authority given to peace officers (Sec. 2).
  • Authorizes the board of trustees of a school district or the governing body of an open-enrollment charter school to adopt written regulations for the school marshal’s authority (Sec. 2).
  • Authorizes the Texas Commission on Law Enforcement Officer Standards and Education to license an individual as a school marshal provided that the individual meets the following requirements, including, but not limited to (Sec. 5):
    • The individual possesses a license to carry a concealed handgun;
    • The individual completes a school marshal training program with a minimum of 80 hours of instruction; and
    • The individual completes a psychological examination and is deemed to be “psychologically fit” to carry out the duties of a school marshal.
  • Authorizes a school marshal to carry a concealed handgun on the physical premise of the school if the individual complies with the following requirements (Sec. 3):
    • The concealed handgun is equipped with only frangible ammunition designed to disintegrate on impact;
    • The concealed handgun is accessed only under circumstances that would justify the use of deadly force in defense of self or another; and
    • The concealed handgun is kept in a locked safe if the individual is in regular and direct contact with students.
  • Prohibits an individual from being appointed as a school marshal unless the individual is licensed by the Texas Commission on Law Enforcement Officer Standards and Education and the individual is appointed by the board of trustees of a school district or the governing body of an open-enrollment charter school (Sec. 2).
  • Requires the Texas Commission on Law Enforcement Officer Standards and Education to establish a school marshal training program with the following objectives, including, but not limited to the following (Sec. 5 & 8):
    • The emphasis of strategies for preventing school shootings and for securing the safety of potential victims of school shootings;
    • The introduction of effective law enforcement strategies and techniques; and
    • The improvement of the individual’s proficiency with a handgun.
  • Prohibits the board of trustees or governing body of a school district to appoint more than 1 school marshal per 400 students (Sec. 3).
  • Specifies that an individual’s status as school marshal is no longer active in the following circumstances (Sec. 3):
    • The expiration of the individual’s school marshal license;
    • The suspension or revocation of the individual’s license to carry a concealed handgun;
    • The termination of the individual’s employment with the school district or charter school; or
    • The notice from the school district or charter school that the individual’s services as school marshal are no longer required. 
  • Specifies that the identity of a school marshal is confidential and is not subject to public information requests (Secs. 3 & 5).
  • Specifies that a school marshal is not entitled to state benefits provided to peace officers (Sec. 2).
Legislation - Bill Passed (House) (123-22) - (Key vote)

Title: Establishes "School Marshal" as a New Category of Law Enforcement for Schools

Vote Smart's Synopsis:

Vote to pass a bill that establishes "school marshal" as a new category of law enforcement for schools, effective immediately.

Highlights:
  • Establishes “school marshal” as a new category of law enforcement in schools to be appointed by a school’s board of trustees or governing body (Sec. 2). 
  • Authorizes a school marshal to exercise all authority given to peace officers (Sec. 2).
  • Authorizes the board of trustees of a school district or the governing body of an open-enrollment charter school to adopt written regulations for the school marshal’s authority (Sec. 2).
  • Authorizes the Texas Commission on Law Enforcement Officer Standards and Education to license an individual as a school marshal provided that the individual meets the following requirements, including, but not limited to (Sec. 5):
    • The individual possesses a license to carry a concealed handgun;
    • The individual completes a school marshal training program with a minimum of 80 hours of instruction; and
    • The individual completes a psychological examination and is deemed to be “psychologically fit” to carry out the duties of a school marshal.
  • Authorizes a school marshal to carry a concealed handgun on the physical premise of the school if the individual complies with the following requirements (Sec. 3):
    • The concealed handgun is equipped with only frangible ammunition designed to disintegrate on impact;
    • The concealed handgun is accessed only under circumstances that would justify the use of deadly force in defense of self or another; and
    • The concealed handgun is kept in a locked safe if the individual is in regular and direct contact with students.
  • Prohibits an individual from being appointed as a school marshal unless the individual is licensed by the Texas Commission on Law Enforcement Officer Standards and Education and the individual is appointed by the board of trustees of a school district or the governing body of an open-enrollment charter school (Sec. 2).
  • Requires the Texas Commission on Law Enforcement Officer Standards and Education to establish a school marshal training program with the following objectives, including, but not limited to the following (Sec. 5 & 8):
    • The emphasis of strategies for preventing school shootings and for securing the safety of potential victims of school shootings;
    • The introduction of effective law enforcement strategies and techniques; and
    • The improvement of the individual’s proficiency with a handgun.
  • Prohibits the board of trustees or governing body of a school district to appoint more than 1 school marshal per 400 students (Sec. 3).
  • Specifies that an individual’s status as school marshal is no longer active in the following circumstances (Sec. 3):
    • The expiration of the individual’s school marshal license;
    • The suspension or revocation of the individual’s license to carry a concealed handgun;
    • The termination of the individual’s employment with the school district or charter school; or
    • The notice from the school district or charter school that the individual’s services as school marshal are no longer required. 
  • Specifies that the identity of a school marshal is confidential and is not subject to public information requests (Secs. 3 & 5).
  • Specifies that a school marshal is not entitled to state benefits provided to peace officers (Sec. 2).
  • Rep. Phillip Cortez is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he was away from his desk but intended to vote “Nay”.
  • Rep. Joe Deshotel is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he initially voted "Nay" but changed his vote to "Yea" after the roll call.
  • Rep. Abel Herrero is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he initially voted "Yea" but changed his vote to "Nay" after the roll call.
Legislation - Introduced (House) -

Title: Establishes "School Marshal" as a New Category of Law Enforcement for Schools

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