Opinion No. KP-0454
The Honorable Brian Birdwell
Chair, Senate Committee on Natural Resources & Economic Development
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: Whether a school district board of trustees has the authority under Education Code section 37.0811(c)(1)-(2) to adopt local procedures to allow uniformed school marshals to duty belt carry their firearm (RQ-0007-AC)
S U M M A R Y
A school district board of trustees may designate an individual to carry a handgun for the protection of students and staff by implementing a guardian plan or utilizing a school security officer. Education Code section 37.0811 provides another option for accomplishing this purpose by generally allowing a school board to appoint one or more school marshals for each campus in the district. Subsection 37.0811(c) authorizes a school marshal to possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board of trustees. A school marshal possesses a handgun when it is openly carried on the marshal's duty belt. Therefore, a court would likely conclude that Education Code subsection 37.0811(c) authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.
Opinion No. KP-0455
The Honorable M. Brad Dixon
Jack County Attorney
100 Main Street, Suite 312
Jacksboro, Texas 76458
Re: Determination of an "excessive discount" under Alcoholic Beverage Code subsection 102.07(c) (RQ-0004-AC)
S U M M A R Y
Alcoholic Beverage Code subsection 102.07(c) provides that no "person who owns or has an interest in the business of a package store or wine only package store, nor the agent, servant, or employee of the person, may allow an excessive discount on liquor." Absent a definition from the Alcoholic Beverage Code or guidance from the Texas Alcoholic Beverage Commission, the common meaning of the term "excessive discount" is a reduction from a regular price that is more than what is usual, proper, or normal. Accordingly, a court would likely conclude that, for purposes of subsection 102.07(c), reducing a regular price by more than what is usual, proper, or normal would be an "excessive discount" under the common meaning of the term.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202400332
Justin Gordon
General Counsel
Office of the Attorney General
Filed: January 30, 2024