Texas Code of Criminal Procedure 2.127 – School Marshals
(a) Except as provided by Subsection (b), a school marshal may:
(1) make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by:
(A) the board of trustees of a school district or the governing body of an open-enrollment charter school under § 37.0811, Education Code;
(B) the governing body of a private school under § 37.0813, Education Code; or
(C) the governing board of a public junior college under § 51.220, Education Code; and
(2) 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.
(a-1) In this section, “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 meet the definition provided by § 29.916(a)(1), Education Code.
Terms Used In Texas Code of Criminal Procedure 2.127
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
(c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer.
(d) A person may not serve as a school marshal unless the person is:
(1) licensed under § 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 § 37.0811, Education Code;
(B) the governing body of a private school under § 37.0813, Education Code; or
(C) the governing board of a public junior college under § 51.220, Education Code.
Text of article effective until January 01, 2025