Texas Education Code

Sec. § 37.0813
School Marshals: Private Schools

(a)

The governing body of a private school may appoint one or more school marshals.

(b)

The governing body of a private school may select for appointment as a school marshal under this section an applicant who is an employee of the school and certified as eligible for appointment under Section 1701.260 (Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment As School Marshal), Occupations Code.

(c)

A school marshal appointed by the governing body of a private school may carry 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 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 in a classroom setting, 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 duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.

(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 (Deadly Force in Defense of Person) or 9.33 (Defense of Third Person), Penal Code.

(f)

A private school employee’s status as a school marshal becomes inactive on:

(1)

expiration of the employee’s school marshal license under Section 1701.260 (Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment As School Marshal), Occupations Code;

(2)

suspension or revocation of the employee’s license to carry a handgun issued under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(3)

termination of the employee’s employment with the private school; or

(4)

notice from the governing body 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 (Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment As School Marshal)(j), Occupations Code, and is not subject to a request under Chapter 552 (Public Information), Government Code.

(h)

If a parent or guardian of a student enrolled at a private school inquires in writing, the school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice may not disclose information that is confidential under Subsection (g).

(i)

This section does not apply to a school whose students meet the definition provided by Section 29.916 (Home-schooled Student Merit Scholarship and Advanced Placement Testing)(a)(1).
Added by Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 4, eff. June 15, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 2, eff. September 1, 2019.
Source

Last accessed
Jun. 7, 2021

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