Texas Education Code

§ 12.104 — APPLICABILITY OF TITLE

ED § 12.104Title 2. PUBLIC EDUCATION · Part C. LOCAL ORGANIZATION AND GOVERNANCE · Ch. 12. CHARTERS · Art. D. OPEN-ENROLLMENT CHARTER SCHOOL

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(a)An open-enrollment charter school has the powers granted to schools under this title. (a-1) The governing body of an open-enrollment charter school may:

(1)employ security personnel and commission peace officers in the same manner as a board of trustees of a school district under Section 37.081; and

(2)enter into a memorandum of understanding with a local law enforcement agency to assign a school resource officer, as that term is defined by Section 1701.601, Occupations Code, to the school. (a-2) A reference in law to a peace officer commissioned under Section 37.081 includes a peace officer commissioned by an open-enrollment charter school in accordance with Subsection (a-1), and a charter school peace officer has the same powers, duties, and immunities as a peace officer commissioned under that section.

(b)An open-enrollment charter school is subject to:

(1)a provision of this title establishing a criminal offense;

(2)the provisions in Chapter 554, Government Code; and

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 361 (H.B. 33), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.01, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12), Sec. 8, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 2.04, eff. June 20, 2025.