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The Texas Attorney General’s Opinion No. KP-0454 discusses the authority of school boards to designate individuals, such as school marshals, to carry firearms for protecting students and staff. It highlights the legal frameworks and discretion available to school boards under the Education Code, emphasizing the impact on school safety policies and procedures across Texas.
Texas Attorney General Issues Opinion on School Marshals Carrying Firearms
The Texas Attorney General recently issued Opinion No. KP-0454 in response to a query about whether a school district board of trustees has the authority to adopt local procedures allowing uniformed school marshals to duty belt carry their firearm. This opinion has far-reaching implications for school safety and the protection of students and staff.
The opinion discusses the broader authority of school boards to designate individuals, including school marshals, to duty belt carry a handgun for the protection of students and staff. It highlights the multiple sources from which the authority to implement such plans is derived, including the Education Code and the Penal Code.
Texas Attorney General Reviews Legislation Related to School Marshals
The opinion also delves into the relevant legal frameworks provided by the Education Code, particularly sections 37.081 and 37.0814, which authorize school boards to utilize security personnel and ensure the presence of armed security officers during regular school hours. It emphasizes that nothing in these provisions prohibits law enforcement personnel from duty-belt carrying a firearm while providing school security.
Specifically addressing the provision in Section 37.0811, the opinion clarifies the authority of a school marshal appointed by the board of trustees to carry or possess a handgun on the school premises. It highlights that the written regulations adopted by the board of trustees must specify the manner in which a school marshal may carry a handgun and the specific school where this is allowed. Importantly, it notes that the statute does not include language limiting possession to a locked and secured safe or location, providing school boards with discretion to determine the extent of handgun possession by school marshals based on individual district needs.
Texas Attorney General States School Marshals Can Open Carry if Properly Approved
In summary, the opinion asserts that a school district board of trustees may designate an individual to carry a handgun for the protection of students and staff by implementing a guardian plan, utilizing a school security officer, or appointing a school marshal in accordance with Education Code Section 37.0811. It suggests that a court would likely conclude that the Education Code authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.
Overall, the opinion provides valuable clarity on the authority of school district boards of trustees regarding the carrying of firearms by designated individuals, offering insights into the legal frameworks and discretion available to them in ensuring school safety.
This authoritative opinion stands to impact school safety policies and procedures across Texas, guiding school boards in their efforts to protect students and staff members.
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