SECURITY PERSONNEL: SCHOOL MARSHALS

The governing board of a public junior college may appoint one or more school marshals. "School marshal" means a person who is

appointed to serve as a school marshal by the governing board of a public junior college under Education Code 51.220, is licensed

under Occupations Code 1701.260, and has powers and duties described by Code of Criminal Procedure 2A.008. Education Code

51.220(b); Occupations Code 1701.001(8)

Regulations

Any written regulations adopted for purposes of Education Code 51.220(d) must authorize a school marshal to carry a concealed

handgun as described by Section 51.220(d) and require a handgun carried or possessed by a school marshal to be loaded only with

frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement (TCOLE) and may not require a

school marshal to store the handgun in a locked container while on duty. The regulations must provide that a school marshal may

carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a public junior college campus in a locked and secured safe or other locked and secured location. Education Code 51.220(e)

Authorization

A public junior college shall submit and receive approval for an application to appoint a person as a school marshal and upon authorization, notify TCOLE using approved format prior to appointment.

37 TAC 227.1(a)

Eligibility

The governing board of a public junior college may select for appointment as a school marshal an applicant who is an employee of

the public junior college and certified as eligible for appointment under Occupations Code 1701.260 and 37 Administrative Code

227.3. An appointing entity shall not appoint or employ an ineligible person as a school marshal. The governing board may, but shall

not be required to, reimburse the amount paid by the applicant to participate in the training program under Section 1701.260. Education Code 51.220(c); Code of Criminal Procedure 2A.008(b); 37 TAC 227.1(b), .3

Authority

A school marshal may make arrests and exercise all authority given peace officers under the Code of Criminal Procedure, subject

to written regulations adopted by the governing board of a public junior college under Education Code 51.220 and 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. Code of Criminal Procedure 2A.008(c)

Exception

A school marshal may not issue a traffic citation for a violation of Transportation Code Chapter 521 or Transportation Code Title 7,

Subtitle C. Code of Criminal Procedure 2A.008(d)

Possession and Use

of Handgun

A school marshal appointed by the governing board of a public junior college may carry a concealed handgun or possess a handgun

on the physical premises of a public junior college campus, but only:

1. In the manner provided by written regulations adopted by the governing board; and

2. At a specific public junior college campus as specified by the governing board.

Education Code 51.220(d)

A school marshal may use a handgun the school marshal is authorized to carry or possess under Education Code 51.220 only under

circumstances that would justify the use of deadly force under Penal Code 9.32 or 9.33. Education Code 51.220(f)

Status Inactivated

A public junior college employee's status as a school marshal becomes inactive on:

1. Expiration of the employee's school marshal license under Occupations Code 1701.260;

2. Suspension or revocation of the employee's license to carry a concealed handgun issued under Government Code Chapter 411, Subchapter H;

3. Termination of the employee's employment with the public junior college; or

4. Notice from the governing board of the public junior college that the employee's services as school marshal are no longer

required.

Education Code 51.220(g)

Reports to TCOLE

A public junior college shall:

1. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer employed with the appointing entity;

2. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer authorized to do so by the appointing entity, TCOLE standards, another state agency, or under other law;

3. Immediately report to TCOLE a school marshal's violation of any TCOLE standard, including the discharge of a firearm

carried under the authorization of 37 Administrative Code Chapter 227 outside of a training environment; and

4. Immediately report to TCOLE any indication, suspicion, or allegation that a school marshal is no longer psychologically fit

to carry out the duties of a school marshal.

37 TAC 227.1(a)

Requests for

Information

Regarding Marshals

If a parent or guardian of a student enrolled at a public junior college inquires in writing, the governing board of the public junior college shall provide the parent or guardian written notice indicating whether any employee of the public junior college is currently appointed a school marshal. The notice may not disclose information that is confidential under Education Code 51.220(h). Education Code 51.220(i)

Identity Confidential

The identity of a school marshal appointed under this section is confidential, except as provided by Occupations Code 1701.260(j), and is not subject to a request under the Public Information Act, Government Code Chapter 552. Education Code 51.220(h)

No State Benefits

A school marshal is not entitled to state benefits normally provided by the state to a peace officer. Code of Criminal Procedure

2A.008(e)

Records Retention

For five years, the appointing entity must retain documentation that it has met all requirements under law in a format readily accessible to TCOLE. This requirement does not relieve the appointing entity from retaining all other relevant records not otherwise listed. 37

TAC 227.1(c)