| 1 | 1 | | 81R660 PAM-D |
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| 2 | 2 | | By: Dutton H.B. No. 953 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the employment of school district peace officers and |
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| 8 | 8 | | the enforcement of certain violations under a student code of |
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| 9 | 9 | | conduct. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 37.081(a), (f), and (h), Education |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) The board of trustees of an independent [any] school |
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| 14 | 14 | | district may employ security personnel and may commission peace |
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| 15 | 15 | | officers to carry out this subchapter. If a board of trustees |
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| 16 | 16 | | authorizes a person employed as security personnel to carry a |
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| 17 | 17 | | weapon, the person must be a commissioned peace officer. The |
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| 18 | 18 | | jurisdiction of a peace officer or security personnel under this |
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| 19 | 19 | | section shall be determined by the board of trustees and may include |
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| 20 | 20 | | all territory in the boundaries of the school district and all |
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| 21 | 21 | | property outside the boundaries of the district that is owned, |
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| 22 | 22 | | leased, or rented by or otherwise under the control of the school |
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| 23 | 23 | | district and the board of trustees that employ the peace officer or |
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| 24 | 24 | | security personnel. |
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| 25 | 25 | | (f) The chief of police of the school district police |
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| 26 | 26 | | department shall be accountable to the superintendent and shall |
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| 27 | 27 | | report to the superintendent or to the assistant, associate, or |
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| 28 | 28 | | deputy superintendent designated by the superintendent |
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| 29 | 29 | | [superintendent's designee]. School district police officers |
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| 30 | 30 | | shall be supervised by the chief of police of the school district or |
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| 31 | 31 | | a police officer designated by the chief of police. School district |
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| 32 | 32 | | police officers must [police's designee and shall] be licensed by |
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| 33 | 33 | | the Commission on Law Enforcement Officer Standards and Education. |
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| 34 | 34 | | (h) [A peace officer assigned to duty and commissioned under |
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| 35 | 35 | | this section shall take and file the oath required of peace officers |
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| 36 | 36 | | and shall execute and file a bond in the sum of $1,000, payable to |
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| 37 | 37 | | the board of trustees, with two or more sureties, conditioned that |
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| 38 | 38 | | the peace officer will fairly, impartially, and faithfully perform |
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| 39 | 39 | | all the duties that may be required of the peace officer by law. The |
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| 40 | 40 | | bond may be sued on in the name of any person injured until the whole |
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| 41 | 41 | | amount of the bond is recovered.] Any peace officer commissioned |
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| 42 | 42 | | under this section must meet all minimum standards for peace |
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| 43 | 43 | | officers established by the Commission on Law Enforcement Officer |
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| 44 | 44 | | Standards and Education. |
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| 45 | 45 | | SECTION 2. Section 37.102, Education Code, is amended by |
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| 46 | 46 | | adding Subsection (d) to read as follows: |
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| 47 | 47 | | (d) Subsection (c) does not apply to conduct by a student |
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| 48 | 48 | | that violates the student code of conduct if the conduct is not an |
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| 49 | 49 | | offense under other law or under a specific rule adopted by the |
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| 50 | 50 | | board of trustees under this subchapter. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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