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Learned something: guns & school crossing guards

Posted: Sat Sep 15, 2012 4:43 pm
by A-R
Searching around for something else and came upon this interesting tidbit. I guess CHL holders need not apply :roll:
Transportation Code 600.004. TRAINING OF SCHOOL CROSSING GUARD.

(a) A local authority may authorize a school crossing guard to direct traffic in a school crossing zone if the guard successfully completes a training program in traffic direction as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education.

(b) A school crossing guard trained under this section:
(1) is not a peace officer; and
(2) may not carry a weapon while directing traffic in a school crossing zone.

Added by Acts 1999, 76th Leg., ch. 724, Sec. 2, eff. Aug. 30, 1999.

Re: Learned something: guns & school crossing guards

Posted: Sat Sep 15, 2012 5:04 pm
by Ruark
Another fuzzy law, albeit interesting. So would this include CHL holders, or not? Notice also that they say "weapons," not "firearms." Can't have a pocketknife, even?

Re: Learned something: guns & school crossing guards

Posted: Sat Sep 15, 2012 10:00 pm
by Jaguar
Ruark wrote:Another fuzzy law, albeit interesting. So would this include CHL holders, or not? Notice also that they say "weapons," not "firearms." Can't have a pocketknife, even?
Or a large octagonal blunt instrument?

Re: Learned something: guns & school crossing guards

Posted: Sat Sep 15, 2012 10:11 pm
by Beiruty
I guess if you have CHL you can carry under the CHL authority. With no CHL, no guns on the street. That what it means for said crossing guards. :rules:

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 3:28 am
by 9mmfan
Ruark wrote:Another fuzzy law, albeit interesting. So would this include CHL holders, or not? Notice also that they say "weapons," not "firearms." Can't have a pocketknife, even?
I thought Texas law defined a weapon as a handgun, club, or illegal knife? Or is that one of those "for purposes of this chapter" legalese things?

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 7:46 am
by C-dub
Is it a school sponsored activity? Are crossing guards school employees?

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 8:51 am
by A-R
C-dub wrote:Is it a school sponsored activity? Are crossing guards school employees?
Now that may be best potential reason for this - I don't think they're school employees, but school-sponsored activity is possible (though I see it more as "civilian" traffic control than "school-sponsored"

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 9:10 am
by C-dub
A-R wrote:
C-dub wrote:Is it a school sponsored activity? Are crossing guards school employees?
Now that may be best potential reason for this - I don't think they're school employees, but school-sponsored activity is possible (though I see it more as "civilian" traffic control than "school-sponsored"
Yeah, I was reaching a little with the employee part, since I think most are volunteers. However, I'm not sure of the status of a volunteer vs. employee in this type of situation. Although a volunteer would not be getting paid, I assume they would still be under some kind of "employment" contract with the school. And I would think the school could prohibit someone like this, even a CHL, from carrying while performing their duties. What I am less sure about is that since this person doesn't go inside any school buildings while performing their duties if it would still apply to the point where they could be prosecuted if they did carry and were discovered. The wording, of course, does not meet the 30.06 requirements, so I would think that they could only loose their job and haven't actually broken any laws and could not be prosecuted.

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 9:30 am
by RPB
No idea how it works nowadays but in the 1960s, much like the Andy Griffith Show, Texas school crossing guards were sometimes hired by Municipal Police Departments. I see Municipal Police cars on School Property in my city a lot, though IMHO the School District Police should be there instead. IMHO School district taxes should cover than and they would if they'd use LED light bulbs, or at least CFL instead of halogen floodlights, and quit watering the grass (actually the parking lots) while it rains etc.

In the 1960s, my mom was a school crossing guard for the City of Bellaire Police Dept. They gave her a men's police uniform and badge and she sewed the pants into a skirt and adjusted the shirt. She was a Municipal Police Dept employee, but not a Peace Officer, no gun etc. but she had a stop sign, a whistle, a badge and got a paycheck. She was the school crossing guard at our elementary school, which was handy as she had to pick us up anyway and I could go to a girls house and play while waiting for her to be done directing traffic.
I'm sure it's different now, I see they need to take a course in traffic control etc.

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 9:34 am
by A-R
I don't think the "wording" matters as this is a separate portion of STATE LAW, not merely a "notice" under PC 30.05 or PC 30.06

Ultimate question, I guess, is whether authority/privileges of CHL supersede the statutory restriction of this law?

Question for a lawyer, and I Ain't No Lawyer

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 9:38 am
by A-R
RPB wrote:I see Municipal Police cars on School Property in my city a lot, though IMHO the School District Police should be there instead.
I think many (most) school district police or "school resource officers" in smaller comunities are simply a long-term "assignment" given to a municipal peace officer - some police are detectives, some are traffic, some are patrol, some are school officers etc

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 9:45 am
by RPB
I know in Pasadena, there was Pasadena (Municipal) Police "Officer Bob" everyone knew, but I mean the _____ Independent School District Police cars guys who you see driving around during the school day on city streets and wonder where they are headed to do what.

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 10:01 am
by gdanaher
School crossing guards are paid employees of the school district which has hired them to perform the service. They must comply with any other rules affecting personnel, including carrying or not carrying firearms. Pretty straightforward. If I am a school employee and working on the clock, and the policy is to be unarmed, then I am going to be unarmed or be in violation of the policy and subject to termination.

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 10:07 am
by A-R
gdanaher wrote:School crossing guards are paid employees of the school district which has hired them to perform the service. They must comply with any other rules affecting personnel, including carrying or not carrying firearms. Pretty straightforward. If I am a school employee and working on the clock, and the policy is to be unarmed, then I am going to be unarmed or be in violation of the policy and subject to termination.
That's not the point. The OP cited is a STATE LAW - not merely an employer "rule" - thus I assume you could be arrested/charged (and not merely fired) for violating it.

Re: Learned something: guns & school crossing guards

Posted: Sun Sep 16, 2012 10:33 am
by C-dub
A-R wrote:
gdanaher wrote:School crossing guards are paid employees of the school district which has hired them to perform the service. They must comply with any other rules affecting personnel, including carrying or not carrying firearms. Pretty straightforward. If I am a school employee and working on the clock, and the policy is to be unarmed, then I am going to be unarmed or be in violation of the policy and subject to termination.
That's not the point. The OP cited is a STATE LAW - not merely an employer "rule" - thus I assume you could be arrested/charged (and not merely fired) for violating it.
Hmmm. I, too, was off on that tangent. I am also not a lawyer, so I have no idea which law will trump the other.