Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law
The Texas Code of Criminal Procedure Section 2.127 covers School Marshalls. In recent years, the issue of school safety has become a top priority for many communities across the United States. In response to this, Texas enacted Art. 2.127, which allows for the appointment of school marshals to protect students, faculty, and visitors on school premises.
Under Art. 2.127, a school marshal may exercise all the authority given to peace officers under the code, subject to written regulations adopted by the school district or governing body of the school. This means that school marshals can make arrests and take action to prevent or abate the commission of an offense that threatens serious bodily injury or death. However, they are not entitled to state benefits normally provided to peace officers.
To be appointed as a school marshal, a person must be licensed under Section 1701.260 of the Occupations Code and appointed by the appropriate governing body. This could be the board of trustees of a school district, the governing body of an open-enrollment charter school, the governing body of a private school, or the governing board of a public junior college.
It's worth noting that a school marshal cannot issue a traffic citation for a violation of Chapter 521 or Subtitle C, Title 7 of the Transportation Code. Additionally, the definition of a private school in this section excludes schools that are operated by a governmental entity or whose students meet the definition provided by Section 29.916(a)(1) of the Education Code.
The history of school marshals in Texas dates back to 2013 when the state passed legislation allowing for the appointment of school marshals. This law was amended in 2015 and 2017 to clarify certain provisions and expand the scope of who could appoint a school marshal.
As Houston Criminal Defense Attorneys, we understand the importance of school safety and the role that school marshals can play in protecting students, faculty, and visitors on school premises. However, we also recognize the need to balance this with the rights and freedoms of individuals. If you or someone you know has been impacted by the actions of a school marshal, it's important to consult with a qualified legal professional to understand your rights and options. Art. 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 Section 37.0811, Education Code; (B) the governing body of a private school under Section 37.0813, Education Code; or (C) the governing board of a public junior college under Section 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 Section 29.916(a)(1), Education Code. (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 Section 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 Section 37.0811, Education Code; (B) the governing body of a private school under Section 37.0813, Education Code; or (C) the governing board of a public junior college under Section 51.220, Education Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 2, eff. June 14, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1144 (S.B. 386), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 1, eff. June 15, 2017.
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