School Safety Law Toolkit

House Bill 867

The bill amends Sections 37.0811(a) and (d), Education Code, pertaining to allotting school marshals to private schools. The amendment states the board of trustees of a school district or the governing body of an open-enrollment charter school may appoint not more than the greater of: one school marshal per 200 students in average daily attendance or for each campus, one school marshal per building of the campus at which students regularly receive classroom instruction.

The school marshal may carry a concealed handgun as described by Subsection (c), except that if the primary duty of the school marshal involved regular direct contact with students. 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 (designed to disintegrate on impact for maximum safety and minimal danger to others) approved for that that purpose by the Texas Commission on Law Enforcement.

Except as provided by Subsection (b), a school marshal may make arrests and exercise all authority given to peace officers under this code, subject written to written regulation adopted by: the board of trustees of a school district or governing body of an open-enrollment charter school, the governing body of a private school, or the governing board of a pubic junior college. A school marshal may only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises.

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 any information that is confidential, nor should it specify the name of the marshal.