Tex.
Educ. Code Section 37.081
School District Peace Officers, School Resource Officers, and Security Personnel
(a)
The board of trustees of any school district may:(1)
employ or contract with security personnel;(2)
enter into a memorandum of understanding with a local law enforcement agency or a county or municipality that is the employing political subdivision of commissioned peace officers for the provision of school resource officers;(3)
for the purposes of providing security personnel, contract with a security services contractor licensed under Chapter 1702 (Private Security), Occupations Code, for the provision of a commissioned security officer, as defined by Section 1702.002 (Definitions), Occupations Code, who has completed the Level II or III training course required by the Department of Public Safety; and(4)
commission peace officers to carry out this subchapter.(a-1)
The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ or contract with, as applicable, the peace officer or security personnel or that enter into a memorandum of understanding for the provision of a school resource officer.(a-2)
A memorandum of understanding for the provision of school resource officers entered into under Subsection (a) must:(1)
be in the form of an interlocal contract under Chapter 791 (Interlocal Cooperation Contracts), Government Code; and(2)
use a proportionate cost allocation methodology to address any costs or fees incurred by the school district or the local law enforcement agency, county, or municipality, as applicable.(a-3)
The cost allocation methodology used under Subsection (a-2)(2) may allow a local law enforcement agency, county, or municipality, as applicable, to recoup direct costs incurred as a result of the contract but may not allow the agency, county, or municipality to profit under the contract.(a-4)
A school district, local law enforcement agency, county, or municipality that enters into a memorandum of understanding under Subsection (a) may seek funding from federal, state, and private sources to support the cost of providing school resource officers under this section.(b)
In a peace officer’s jurisdiction, a peace officer commissioned under this section:(1)
has the powers, privileges, and immunities of peace officers;(2)
may enforce all laws, including municipal ordinances, county ordinances, and state laws;(3)
may, in accordance with Chapter 52 (Proceedings Before and Including Referral to Court), Family Code, or Article 45.058 (Children Taken into Custody), Code of Criminal Procedure, take a child into custody; and(4)
may dispose of cases in accordance with Section 52.03 (Disposition Without Referral to Court) or 52.031 (First Offender Program), Family Code.(b)
In a peace officer’s jurisdiction, a peace officer commissioned under this section:(1)
has the powers, privileges, and immunities of peace officers;(2)
may enforce all laws, including municipal ordinances, county ordinances, and state laws;(3)
may, in accordance with Chapter 52 (Proceedings Before and Including Referral to Court), Family Code, or Article 45A.453 (Child Taken into Custody), Code of Criminal Procedure, take a child into custody; and(4)
may dispose of cases in accordance with Section 52.03 (Disposition Without Referral to Court) or 52.031 (First Offender Program), Family Code.(c)
A school district peace officer may provide assistance to another law enforcement agency. A school district may contract with a political subdivision for the jurisdiction of a school district peace officer to include all territory in the jurisdiction of the political subdivision.(d)
The board of trustees of the school district shall determine the law enforcement duties of peace officers, school resource officers, and security personnel. The duties must be included in:(1)
the district improvement plan under Section 11.252 (District-level Planning and Decision-making);(2)
the student code of conduct adopted under Section 37.001 (Student Code of Conduct);(3)
any memorandum of understanding providing for a school resource officer; and(4)
any other campus or district document describing the role of peace officers, school resource officers, or security personnel in the district.(d-1)
A school district peace officer, a school resource officer, and security personnel shall perform law enforcement duties for the school district that must include protecting:(1)
the safety and welfare of any person in the jurisdiction of the peace officer, resource officer, or security personnel; and(2)
the property of the school district.(d-2)
A school district may not assign or require as duties of a school district peace officer, a school resource officer, or security personnel:(1)
routine student discipline or school administrative tasks; or(2)
contact with students unrelated to the law enforcement duties of the peace officer, resource officer, or security personnel.(d-3)
This section does not prohibit a school district peace officer, a school resource officer, or security personnel from informal contact with a student unrelated to:(1)
the assigned duties of the officer or security personnel; or(2)
an incident involving student behavior or law enforcement.(d-4)
In determining the law enforcement duties under Subsection (d), the board of trustees of the school district shall coordinate with district campus behavior coordinators and other district employees to ensure that school district peace officers, school resource officers, and security personnel are tasked only with duties related to law enforcement intervention and not tasked with behavioral or administrative duties better addressed by other district employees.(e)
The board of trustees of the district shall determine the scope of the on-duty and off-duty law enforcement activities of school district peace officers. A school district must authorize in writing any off-duty law enforcement activities performed by a school district peace officer.(f)
The chief of police of the school district police department shall be accountable to the superintendent and shall report to the superintendent. School district police officers shall be supervised by the chief of police of the school district or the chief of police’s designee and shall be licensed by the Texas Commission on Law Enforcement.(g)
A school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies.(h)
A peace officer assigned to duty and commissioned under this section shall take and file the oath required of peace officers and shall execute and file a bond in the sum of $1,000, payable to the board of trustees, with two or more sureties, conditioned that the peace officer will fairly, impartially, and faithfully perform all the duties that may be required of the peace officer by law. The bond may be sued on in the name of any person injured until the whole amount of the bond is recovered. Any peace officer commissioned under this section must meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement.
Source:
Section 37.081 — School District Peace Officers, School Resource Officers, and Security Personnel, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.081 (accessed Jun. 5, 2024).
