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2024 Op. Tex. Att'y Gen. 1 (2024)

handle is hein.sag/sagtx0226 and id is 1 raw text is: KEN PAXTON ATTORNEY GENERAL OF TEXAS January 23, 2024 The Honorable Brian Birdwell Chair, Senate Committee on Natural Resources & Economic Development Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Opinion No. KP-0454 Re: 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 (RQ-0007-AC) Dear Senator Birdwell: You ask whether a school district board of trustees may adopt regulations allowing for duty belt carry of a handgun.1 We understand the phrase duty belt carry to mean openly carrying a handgun in a holster attached to a belt of the type commonly worn by uniformed law enforcement officers. See, e.g., City of Austin v. Howard, No. 03-22-00439-CV, 2023 WL 1869645, at *1-2 (Tex. App.-Austin Feb. 10, 2023, no pet.) (mem. op.) (discussing a duty belt and related safety components). While you specifically reference Texas Education Code subsection 37.0811(c) and inquire about school marshals, we understand your question to encompass a school board's broader authority to designate individuals, including school marshals, to duty belt carry a handgun for the protection of students and staff. Accordingly, we begin by reviewing this wider range of authority before moving on to address the specific provision you reference. Our office has previously opined on what is commonly known as a guardian plan. See generally Tex. Att'y Gen. Op. No. GA-1051 (2014). The authority to implement such plans is derived from multiple sources. A school district board of trustees possesses the exclusive power and duty to govern and oversee the management of the public schools of the district. TEX. EDUC. CODE § 11.151(b); see also Davis v. Morath, 624 S.W.3d 215, 224 (Tex. 2021) (acknowledging the broad authority school boards enjoy under this provision). That authority is supplemented by Education Code section 11.1511, which requires a school board to carry out other powers and duties as provided by this code or other law. TEX. EDUC. CODE § 11.151 1(b)(15). One such source 'See Letter from Honorable Brian Birdwell, Chair, Senate Comm. on Nat. Res. & Econ. Dev., to Acting Att'y Gen. Angela Colmenero at 1 (Sept. 11, 2023), https://www.texasattomeygeneral.gov/sites/default/files/request-files/ request/2023/RQ00007AC.pdf (Request Letter).

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