(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 § 29.916, Education Code.
(b) 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.

Terms Used In Texas Code of Criminal Procedure 2A.008

  • 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

(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 § 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) 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.


Text of article effective on January 01, 2025