82R10367 KKA-F
By: West S.B. No. 1239
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against the use of certain sprays, stun
guns, and tasers by school district peace officers, security
personnel, and other employees against public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0814 to read as follows:
Sec. 37.0814. USE OF OC SPRAY, STUN GUN, OR TASER AGAINST
STUDENTS PROHIBITED. (a) In this section:
(1) "OC spray" means any aerosol-propelled
debilitation device that is composed of a lachrymatory chemical
compound that irritates the eyes to cause tears, pain, or temporary
blindness. The term includes pepper spray, capsicum spray, OC gas,
and oleoresin capsicum.
(2) "Stun gun" has the meaning assigned by Section
38.14, Penal Code.
(3) "Taser" means a device that is intended, designed,
made, or adapted to incapacitate a person by inflicting an
electrical charge through the emission of a projectile or
conductive stream.
(b) The board of trustees of a school district shall
prohibit school district peace officers, security personnel, and
other employees from using OC spray or a stun gun or taser to subdue
a student on school property or while attending a school-sponsored
or school-related activity off of school property.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.