August 31, 2023
House Bill 3 amends Section 37.081, Education Code, to authorize a board of trustees of any school district to contract with a private security guard company to provide commissioned security officers. The bill repeals the requirement that armed security personnel be commissioned peace officers.
This authority is independent of the bill’s new requirement under Section 37.0814, Education Code, that each school district have at least one armed peace officer present during regular school hours at each district campus, and the bill’s good cause exception from this requirement based on the lack of available funding or qualified personnel.
Whether the requirements of Section 37.0814’s good cause exception can be met through the employment of commissioned private security officers, contracted through a private security guard company, concerns the statutory interpretation of the Education Code and is more appropriately addressed by the Texas Education Agency or school district counsel. The department cannot advise further in this regard.