Section 2A.008 - [Effective 1/1/2025] 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, 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. (Code Crim. Proc., Art. 2.127.) Tex. Code Crim. Proc. § 2A.008
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.