HOUSTON - Attorney General Ken Paxton issued an opinion yesterday finding 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.
State Sen. Brian Birdwell submitted an opinion request to the Office of the Attorney General back in September, asking whether a school district board of trustees has the authority under Education Code section 37.0811(c)(1)–(2) to adopt local procedures to allow uniformed school marshals to duty belt carry their firearm.
According to the OAG opinion, 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 or utilizing a school security officer. Education Code section 37.0811 provides another option by generally allowing a school board to appoint one or more school marshals for each campus in the district.
The opinion further states that Subsection 37.0811(c) authorizes a school marshal to possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board of trustees.
“A school marshal possesses a handgun when it is openly carried on the marshal’s duty belt,” the opinion states. “Therefore, a court would likely conclude that Education Code subsection 37.0811(c) authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.”
Opinion No. KP-0454