Tex.
Code of Crim. Proc. Article 2A.008
School Marshals
(a)
In this article, “private school” means a school that:(1)
offers a course of instruction for students in one or more grades from prekindergarten through grade 12;(2)
is not operated by a governmental entity; and(3)
is not a school whose students are home-schooled students as defined by Section 29.916 (Home-schooled Student Merit Scholarship and Advanced Placement Testing), Education Code.(b)
A person may not serve as a school marshal unless the person is:(1)
licensed under Section 1701.260 (Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment as School Marshal), Occupations Code; and(2)
appointed by:(A)
the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811 (School Marshals: Public Schools), Education Code;(B)
the governing body of a private school under Section 37.0813 (School Marshals: Private Schools), Education Code; or(C)
the governing board of a public junior college under Section 51.220 (Public Junior College School Marshals), Education Code.(c)
Except as provided by Subsection (d), a school marshal may:(1)
make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by, as applicable:(A)
the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811 (School Marshals: Public Schools), Education Code;(B)
the governing body of a private school under Section 37.0813 (School Marshals: Private Schools), Education Code; or(C)
the governing board of a public junior college under Section 51.220 (Public Junior College School Marshals), Education Code; and(2)
act only as necessary to prevent or abate the commission of an offense that threatens serious bodily injury to or the death of a student, faculty member, or visitor on school premises.(d)
A school marshal may not issue a traffic citation for a violation of Chapter 521 (Driver’s Licenses and Certificates), Transportation Code, or Subtitle C, Title 7, Transportation Code.(e)
A school marshal is not entitled to state benefits normally provided by the state to a peace officer.
Source:
Article 2A.008 — School Marshals, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2A.htm#2A.008 (accessed Apr. 29, 2024).
