89th Legislature

HB 3142

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3142 aims to revise the eligibility, licensure, and training requirements for school marshals in Texas. The bill amends several sections of the Code of Criminal Procedure, the Education Code, and the Occupations Code to expand who can serve as a school marshal and to adjust training program protocols.

Under the proposed changes, a school marshal can either be a licensed individual under Section 1701.260 of the Occupations Code or a volunteer from a school district, open-enrollment charter school, private school, or public junior college. Eligible volunteers include honorably discharged veterans or active-duty military members, peace officers, reserve law enforcement officers, and retired peace officers. The bill also clarifies that school marshals can be appointed by the school district’s board of trustees, the governing body of a charter or private school, or the governing board of a public junior college.

The bill also outlines procedures regarding the licensure of school marshals, including conditions under which a marshal’s status becomes inactive. These include the expiration or revocation of relevant licenses, termination of employment or volunteer service, or a determination by the governing board that the marshal’s services are no longer needed. Additionally, if a parent or guardian inquires in writing, schools must disclose whether any individual currently holds the position of a school marshal, without revealing confidential information.

Furthermore, the bill allows but does not require school districts, charter schools, private schools, and public junior colleges to reimburse volunteers for training costs associated with becoming a school marshal. The training, conducted by commission staff or approved providers, includes firearm proficiency and psychological assessments. The bill also mandates that identifying information about school marshals be submitted to relevant law enforcement authorities.

The Act, if passed, would take effect on September 1, 2025.

The original version of HB 3142, introduced by Representative Isaac, and the Committee Substitute both address the eligibility, licensure, and training requirements for school marshals in Texas. However, there are several key differences between the two versions.

One primary difference lies in the scope of eligibility. In the original version, the bill specifies that school marshals must be either licensed under Section 1701.260 of the Occupations Code or be a volunteer from a school district, open-enrollment charter school, private school, or public junior college. Eligible volunteers include honorably discharged veterans, active-duty military members, peace officers, reserve law enforcement officers, and retired peace officers. The substitute version maintains these eligibility criteria but expands the language to clearly include employees or volunteers from the specified educational institutions.

Another significant change between the original and substitute versions is the inclusion of additional language concerning reimbursement for training costs. While the original version permits school districts and governing boards to reimburse training costs, the substitute version further clarifies that reimbursement is optional, using the phrase "may, but shall not be required to" more consistently.

The substitute version also introduces more detailed requirements for notifying parents and guardians about the presence of school marshals, emphasizing that schools must respond to written inquiries while maintaining confidentiality where required. The original version addresses parental notification but with less specificity compared to the substitute.

Lastly, the substitute version enhances the procedural details regarding the training program for school marshals, including more precise language on training provider approval and the collection of identifying information. These adjustments aim to clarify the process and ensure consistency in how school marshals are appointed and managed across various educational settings.
Author
Carrie Isaac
Janis Holt
Katrina Pierson
Janie Lopez
Mark Dorazio
Co-Author
Hillary Hickland
Lacey Hull
Terri Leo-Wilson
A.J. Louderback
David Lowe
Don McLaughlin
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3142 poses no significant fiscal impact to the State of Texas. The LBB assumes that any costs associated with the implementation of the bill could be managed using existing resources, meaning that no additional funding or budgetary adjustments would be required at the state level.

Regarding the local government impact, the LBB also states that no significant fiscal implications are expected for local government entities. This assessment suggests that school districts, charter schools, private schools, and public junior colleges would not face substantial financial burdens from the changes proposed in the bill.

The fiscal note was prepared with input from the Commission on Law Enforcement, the Texas Education Agency, the Higher Education Coordinating Board, Howard College, and San Jacinto College. This indicates a collaborative analysis to ensure that the projected fiscal neutrality is well-supported.

Vote Recommendation Notes

The bill aligns well with core liberty principles, particularly Personal Responsibility and Limited Government. By empowering schools to appoint trained volunteers rather than mandating the hiring of costly security personnel, HB 3142 respects local control and allows schools the flexibility to make security decisions that best fit their circumstances. This supports Individual Liberty by enabling community members—such as veterans and retired officers—to voluntarily take on protective roles in schools.

The bill also supports Free Enterprise by reducing the financial strain on school districts, which may otherwise struggle to meet security needs through traditional law enforcement staffing. Additionally, the bill does not impose unfunded mandates, thus respecting the principle of Limited Government. Furthermore, there is no significant fiscal impact on the state or local governments, as noted by the LBB, making it a fiscally responsible approach to enhancing school security.

In summary, HB 3142 is a pragmatic and efficient solution to the challenge of school security, utilizing community resources while maintaining rigorous training standards. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 3142.

  • Individual Liberty: HB 3142 promotes individual liberty by allowing community members—specifically veterans, active-duty military, peace officers, reserve law enforcement officers, and retired peace officers—to serve as school marshals on a voluntary basis. This policy respects the right of individuals to offer their skills and expertise to protect their communities, particularly in schools where safety is a priority. By enabling qualified individuals to serve without imposing unnecessary restrictions, the bill enhances personal freedom and supports community involvement.
  • Personal Responsibility: The bill emphasizes personal responsibility by entrusting eligible community members with the duty of maintaining school safety. By allowing individuals who are already trained and experienced in security or law enforcement to take on the role of school marshal, the legislation holds them accountable for maintaining a safe educational environment. This principle is further upheld through rigorous training and certification requirements, ensuring that volunteers meet the necessary standards to perform their roles responsibly.
  • Free Enterprise: HB 3142 indirectly supports free enterprise by reducing the financial burden on school districts and other educational institutions. Hiring full-time security personnel can be costly, and allowing qualified volunteers to serve as school marshals offers a cost-effective alternative. This financial flexibility enables schools to allocate limited resources to other educational needs, fostering a more efficient use of public funds. Additionally, the bill does not introduce any new regulations that could hinder private security services, preserving market competition.
  • Private Property Rights: The bill has a neutral impact on private property rights, as it pertains primarily to public and private educational institutions rather than individual or business property. However, by empowering schools to make decisions about their own security measures, it respects the autonomy of private schools in determining how best to protect their campuses.
  • Limited Government: By not mandating the hiring of state or local law enforcement officers and instead allowing volunteers to serve as school marshals, the bill aligns with the principle of limited government. It avoids expanding government roles or increasing taxpayer-funded security mandates. Additionally, the bill does not impose new regulatory burdens on schools, allowing each institution to independently determine whether to implement the school marshal program. This decentralized approach respects local governance and school autonomy.
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