(a) The governing body of a private school may appoint one or more school marshals.

Terms Used In Texas Education Code 37.0813

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • 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) The governing body of a private school may select for appointment as a school marshal under this section an applicant who is an employee of the school and certified as eligible for appointment under § 1701.260, Occupations Code.
(c) A school marshal appointed by the governing body of a private school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the governing body.
(d) Any written regulations adopted for purposes of Subsection (c) 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 school in a locked and secured safe or other locked and secured location. The written regulations must also require that a handgun carried or possessed by a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.
(e) A school marshal may use a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under § 9.32 or 9.33, Penal Code.
(f) A private school employee’s status as a school marshal becomes inactive on:
(1) expiration of the employee’s school marshal license under § 1701.260, Occupations Code;
(2) suspension or revocation of the employee’s license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;
(3) termination of the employee’s employment with the private school; or
(4) notice from the governing body that the employee’s services as school marshal are no longer required.
(g) The identity of a school marshal appointed under this section is confidential, except as provided by § 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code.
(h) 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 information that is confidential under Subsection (g).
(i) This section does not apply to a school whose students meet the definition provided by § 29.916(a)(1).

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