By: Davis S.B. No. 536
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain discipline management practices or
behavior management techniques by peace officers employed or
commissioned by school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 37.0021, Education Code,
is amended by adding Subdivision (4) to read as follows:
(4) "Law enforcement duties" means activities of a
peace officer relating to the investigation and enforcement of
state criminal laws and other duties authorized by the Code of
Criminal Procedure.
SECTION 2. Section 37.0021, Education Code, is amended by
amending Subsection (g) and adding Subsections (h) and (i) to read
as follows:
(g) This section and any rules or procedures adopted under
this section do not apply to:
(1) a peace officer [while] performing law enforcement
duties, except as provided by Subsection (i);
(2) juvenile probation, detention, or corrections
personnel; or
(3) an educational services provider with whom a
student is placed by a judicial authority, unless the services are
provided in an educational program of a school district.
(h) This section and any rules or procedures adopted under
this section apply to a peace officer only if the peace officer:
(1) is employed or commissioned by a school district;
or
(2) provides, as a school resource officer, a regular
police presence on a school district campus under a memorandum of
understanding between the district and a local law enforcement
agency.
(i) A school district shall report electronically to the
agency, in accordance with standards provided by commissioner rule,
information relating to the use of restraint by a peace officer
performing law enforcement duties on school property or during a
school-sponsored or school-related activity. A report submitted
under this subsection must be consistent with the requirements
adopted by commissioner rule for reporting the use of restraint
involving students with disabilities.
SECTION 3. The commissioner of education shall adopt rules
as provided by Subsection (i), Section 37.0021, Education Code, as
added by this Act, as soon as practicable after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2011.