89th Legislature Regular Session

HB 1458

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1458 addresses school safety by mandating the daily presence of armed security officers on the campuses of all Texas public schools during instructional hours. The legislation builds on the state’s existing framework for peace officers by expanding the list of eligible officers to include those commissioned specifically by school districts and newly authorized reserve police officers. These reserve officers, who must hold a permanent peace officer license under Chapter 1701 of the Occupations Code, would be appointed by school district police departments to assist with campus security functions.

In addition to amending the Education Code, the bill modifies Article 2A.001 of the Texas Code of Criminal Procedure. This section enumerates all peace officers in the state and is updated in this legislation to include the new category of school district reserve officers. The intent is to clarify the status and legal authority of these individuals, putting them on par with municipal reserve officers and reserve deputies elsewhere in Texas law.

The bill responds to heightened concerns about school security following recent incidents of violence in educational settings. By formalizing and expanding the legal framework for armed campus personnel, the legislature aims to create a consistent and enforceable statewide standard for school security presence. However, implementation would require school districts to either hire additional personnel or reallocate existing resources to meet this requirement, potentially creating financial and logistical challenges for local districts.

The originally filed version of HB 1458 and its later substituted version share the same core objective—enhancing school safety by expanding the categories of personnel who may fulfill the requirement for armed security presence at public schools. However, there are notable differences in scope and legal structure between the two versions.

The originally filed version of HB 1458 proposed amending Section 37.0814(b) of the Texas Education Code by expanding the types of armed officers permitted on campus to include reserve deputy sheriffs and certain honorably retired peace officers who meet training and licensure requirements. This version retained the existing categories (school district peace officers, school resource officers, and other commissioned officers under Section 37.081) and simply appended new eligible individuals to the list. The bill was narrowly focused on providing flexibility to school districts by broadening who qualifies to fulfill the armed officer mandate.

By contrast, the Committee Substitute version is more expansive in two significant ways. First, it amends Article 2A.001 of the Code of Criminal Procedure, a more general statute defining "peace officers," to explicitly include "reserve police officers appointed under Section 37.0816, Education Code." This creates a new category of peace officer specific to school district police departments and formalizes their authority across the broader criminal code. Second, the substitute incorporates statutory harmonization from multiple recent acts of the 88th Legislature to ensure the definition of "peace officer" reflects current and consistent law across multiple overlapping codes.

In summary, the original bill adds flexibility by expanding the types of individuals eligible to serve as school security under existing frameworks. The substituted version takes a more structural approach, formally integrating school district reserve officers into statewide definitions of peace officers and providing broader statutory alignment and authority for implementation.
Author
William Metcalf
Giovanni Capriglione
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1458 is not anticipated to have a fiscal impact on the state budget. This suggests that the legislation, in its current form, does not mandate direct appropriations or introduce new state-level costs that would require adjustments to existing state funding levels or the creation of new funding streams.

At the local level, the bill is also expected to have no significant fiscal implication for units of local government, including independent school districts. This assessment implies that while school districts may use the authority granted by the bill to appoint reserve police officers, the bill does not require them to do so in a way that would create unfunded mandates. The use of existing personnel, including reserve officers and retired peace officers who already meet state licensure requirements, likely mitigates the need for new expenditures.

However, it's important to note that although the fiscal note classifies the impact as insignificant, actual implementation may still involve variable costs at the district level, particularly for districts that lack sufficient existing personnel or reserve capacity. Costs could arise from background checks, licensing compliance, and administrative overhead in establishing or expanding school-based police departments. Nonetheless, such costs are viewed as discretionary and within the existing operational latitude of local entities under current law.

Vote Recommendation Notes

HB 1458 offers a structured, flexible approach to improving school security by broadening the categories of armed personnel eligible to serve on public school campuses. The bill empowers local school districts to appoint reserve police officers—many of whom may be experienced, licensed individuals such as retired officers or reserve deputies—and ensures these individuals are legally recognized as peace officers when called to duty. This helps address ongoing workforce shortages without burdening districts with the costs or obligations of full-time hires.

The bill reflects a practical and proactive response to the very real concern of school safety in Texas. By giving local school boards and police departments the authority to tap into a broader talent pool, the legislation strengthens local control and allows each district to tailor its approach based on need. At the same time, it preserves fiscal responsibility, as the Legislative Budget Board has noted no significant cost to the state or local governments.

Moreover, the bill includes necessary legal clarifications and updates to ensure that reserve officers are integrated appropriately within the framework of state law. Their authority, scope of duty, and eligibility standards are clearly defined, ensuring that students and staff are protected by qualified personnel. Overall, HB 1458 balances flexibility with structure and enhances school security in a way that supports law enforcement and local leadership.

  • Individual Liberty: The presence of armed officers on school campuses could raise concerns about student rights, particularly in communities where police presence has historically been associated with disciplinary disparities. However, the bill does not impose any new criminal offenses or restrictions on civil liberties—it simply expands who can serve as school security. Since it allows local control over officer appointments, individual liberty is not significantly curtailed. In fact, to those who value physical safety as a key part of liberty, this measure may be seen as enhancing freedom from harm.
  • Personal Responsibility: This bill allows school boards and police departments to assess their own staffing needs and make appointments accordingly. The responsibility for safety remains local, and the bill empowers districts to use trusted, often retired or reserve, law enforcement officers. It reflects the principle that communities should take responsibility for protecting their students without always relying on centralized state mandates or funding.
  • Free Enterprise: While the bill does not directly impact the private sector, its emphasis on using already-licensed officers, including retirees and reserves, may reduce the need for costly contracts with third-party private security firms. At the same time, it leaves room for districts to contract out if they wish—thus preserving free market options. By creating a broader definition of who qualifies as an armed school officer, it potentially expands the labor pool and increases competition.
  • Private Property Rights: There is no direct effect on private property rights. The bill applies only to public school property and does not authorize new search, seizure, or enforcement powers beyond those already held by peace officers.
  • Limited Government: This is where liberty-minded concerns could arise. While the bill is not a mandate, it expands the government’s definition of peace officers and increases law enforcement presence in public spaces. It formalizes the authority of reserve school district officers, thus incrementally expanding the state’s policing infrastructure. On the other hand, the law respects local autonomy by allowing school boards to choose whether to participate, keeping the state from imposing a one-size-fits-all policy.

View Bill Text and Status