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Art. 2A.008 SCHOOL MARSHALS

Chapter 2A: Officers; Powers and Duties

(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, Education Code.

(b) A person may not serve as a school marshal unless the person is:

(1) licensed under Section 1701.260, 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, Education Code;

(B) the governing body of a private school under Section 37.0813, Education Code; or

(C) the governing board of a public junior college under Section 51.220, 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, Education Code;

(B) the governing body of a private school under Section 37.0813, Education Code; or

(C) the governing board of a public junior college under Section 51.220, 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, 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.

Amendment history: Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.