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Texas Education Code - EDUC § 37.0814. Armed Security Officer Required

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The board of trustees of each school district shall determine the appropriate number of armed security officers for each district campus.  The board must ensure that at least one armed security officer is present during regular school hours at each district campus.

(b) A security officer described by Subsection (a) must be:

(1) a school district peace officer;

(2) a school resource officer;

(3) a commissioned peace officer employed as security personnel under Section 37.081;

(4) a reserve deputy sheriff appointed under Section 85.004, Local Government Code, who is a peace officer as described by Article 2A.001, Code of Criminal Procedure;

(5) a reserve police officer appointed under Section 37.0816 who is a peace officer as described by Article 2A.001, Code of Criminal Procedure;  or

(6) an honorably retired peace officer, as that term is defined by Section 614.121, Government Code, who has:

(A) kept their commission as a peace officer in active status;  and

(B) fulfilled all applicable requirements under Sections 1701.351, 1701.3525, and 1701.357, Occupations Code.

(c) If the board of trustees of a school district is unable to comply with this section, the board may claim a good cause exception from the requirement to comply with this section if the district's noncompliance is due to the availability of:

(1) funding;  or

(2) personnel who qualify to serve as a security officer described by Subsection (a).

(d) The board of trustees of a school district that claims a good cause exception under Subsection (c) must develop an alternative standard with which the district is able to comply, which may include providing a person to act as a security officer who is:

(1) a school marshal;  or

(2) a school district employee or a person with whom the district contracts who:

(A) either:

(i) has completed school safety training provided by a qualified handgun instructor certified in school safety under Section 411.1901, Government Code;  or

(ii) not later than the 90th day after the date on which the employee or person begins duties as a security officer, completes training deemed appropriate by the district, in consultation with the district's police department, or, if the district does not have a police department, a local law enforcement agency, in:

(a) active shooter response, which must be provided by an instructor certified by the Advanced Law Enforcement Rapid Response Training Center at Texas State University--San Marcos;

(b) school safety and emergency management;

(c) crisis intervention;

(d) incident command;

(e) first aid administration;

(f) mental health;  and

(g) qualifications relating to the carrying or use of a firearm;  and

(B) carries a handgun on school premises in accordance with written regulations or written authorization of the district under Section 46.03(a)(1)(A), Penal Code.

(d-1) A good cause exception claimed by the board of trustees of a school district under Subsection (c) expires on the first anniversary of the date the exception is claimed.  On the expiration of the exception, the board must reevaluate whether the board is able to comply with this section and, if not, renew:

(1) the claim for an exception under Subsection (c);  and

(2) the alternative standard developed under Subsection (d).

(e) The board of trustees of a school district must develop and maintain documentation of the district's implementation of and compliance with this section, including documentation related to a good cause exception claimed under Subsection (c), and shall, if requested by the agency, provide that documentation to the agency in the manner prescribed by the agency.

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 37.0814. Armed Security Officer Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-37-0814/

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