Americans in every state are concerned that their Second Amendment rights are under attack. Texas, fortunately, is one of the states that believes strongly in protecting a citizen’s Constitutional rights. Even in Texas, however, there can be considerable disagreement when it involves guns and schools.
The recent school shooting in Oregon highlights once again what can happen when there is a lone gunman against unarmed students and teachers. The law in both Oregon and Texas allows concealed carry on campuses with restrictions. The schools decide who can carry and where a gun will be allowed. If a student or teacher in Oregon had had a gun, could any lives have been saved?
The Texas School Marshal Program
In 2013, the Texas Legislature passed House Bill 1009, and it was signed into law. This bill creates a new type of law enforcement officer: the school marshal. The school marshal possesses the authority of a peace officer to do what is required to prevent injury or death to students, teachers, or anyone else on school property.
There are conditions to the program, limiting the number of marshals to no more than one marshal per 400 students. In addition, the marshal must have a valid concealed carry permit, be appointed by the school board, pass a psychological exam, and complete 80 hours of training. Another provision states that the marshal is not allowed to carry a weapon if their primary job puts them into direct, regular contact with students.
To date, most school districts continue to rely upon the local police in the event of a shooter on campus rather than to employ a school marshal.
The Teacher’s Protection Act
House Bill 868 was passed by the Texas Legislature in 2015 and referred to the Public Education Committee. This bill is designed to protect an educator who uses force to protect themselves or others. It attempts to address the worrisome liability questions that prevent schools districts from allowing armed teachers or other employees.
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