2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.220. Public Junior College School Marshals

Sec. 51.220.  PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS.  (a)  In this section, "public junior college" has the meaning assigned by Section 61.003.
(b)  The governing board of a public junior college may appoint one or more school marshals.
(c)  The governing board of a public junior college may select for appointment as a school marshal under this section an applicant who is an employee of the public junior college and certified as eligible for appointment under Section 1701.260, Occupations Code.  The governing board may, but shall not be required to, reimburse the amount paid by the applicant to participate in the training program under that section.
(d)  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.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 795 (H.B. 781), Sec. 1
(e)  Any written regulations adopted for purposes of Subsection (d):
(1)  must:
(A)  authorize a school marshal to carry a concealed handgun as described by Subsection (d); and
(B)  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; and
(2)  may not require a school marshal to store the handgun in a locked container while on duty.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 851 (S.B. 741), Sec. 3
(e)  Any written regulations adopted for purposes of Subsection (d) 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.  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.
(f)  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 Section 9.32 or 9.33, Penal Code.
(g)  A public junior college employee's status as a school marshal becomes inactive on:
(1)  expiration of the employee's school marshal license under Section 1701.260, Occupations Code;
(2)  suspension or revocation of the employee's license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code;
(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.
(h)  The identity of a school marshal appointed under this section is confidential, except as provided by Section 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code.
(i)  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 Subsection (h).
Added by Acts 2015, 84th Leg., R.S., Ch. 1144 (S.B. 386), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 5, eff. June 15, 2017.
Acts 2021, 87th Leg., R.S., Ch. 795 (H.B. 781), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 851 (S.B. 741), Sec. 3, eff. September 1, 2021.