| 1 | 1 | | By: Davis S.B. No. 536 |
|---|
| 2 | 2 | | (In the Senate - Filed February 7, 2011; February 17, 2011, |
|---|
| 3 | 3 | | read first time and referred to Committee on Education; |
|---|
| 4 | 4 | | April 14, 2011, reported adversely, with favorable Committee |
|---|
| 5 | 5 | | Substitute by the following vote: Yeas 7, Nays 0; April 14, 2011, |
|---|
| 6 | 6 | | sent to printer.) |
|---|
| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 536 By: Davis |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | A BILL TO BE ENTITLED |
|---|
| 11 | 11 | | AN ACT |
|---|
| 12 | 12 | | relating to the use of certain discipline management practices or |
|---|
| 13 | 13 | | behavior management techniques by peace officers employed or |
|---|
| 14 | 14 | | commissioned by school districts. |
|---|
| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 16 | 16 | | SECTION 1. Subsection (b), Section 37.0021, Education Code, |
|---|
| 17 | 17 | | is amended by adding Subdivision (4) to read as follows: |
|---|
| 18 | 18 | | (4) "Law enforcement duties" means activities of a |
|---|
| 19 | 19 | | peace officer relating to the investigation and enforcement of |
|---|
| 20 | 20 | | state criminal laws and other duties authorized by the Code of |
|---|
| 21 | 21 | | Criminal Procedure. |
|---|
| 22 | 22 | | SECTION 2. Section 37.0021, Education Code, is amended by |
|---|
| 23 | 23 | | amending Subsection (g) and adding Subsections (h) and (i) to read |
|---|
| 24 | 24 | | as follows: |
|---|
| 25 | 25 | | (g) This section and any rules or procedures adopted under |
|---|
| 26 | 26 | | this section do not apply to: |
|---|
| 27 | 27 | | (1) a peace officer [while] performing law enforcement |
|---|
| 28 | 28 | | duties, except as provided by Subsection (i); |
|---|
| 29 | 29 | | (2) juvenile probation, detention, or corrections |
|---|
| 30 | 30 | | personnel; or |
|---|
| 31 | 31 | | (3) an educational services provider with whom a |
|---|
| 32 | 32 | | student is placed by a judicial authority, unless the services are |
|---|
| 33 | 33 | | provided in an educational program of a school district. |
|---|
| 34 | 34 | | (h) This section and any rules or procedures adopted under |
|---|
| 35 | 35 | | this section apply to a peace officer only if the peace officer: |
|---|
| 36 | 36 | | (1) is employed or commissioned by a school district; |
|---|
| 37 | 37 | | or |
|---|
| 38 | 38 | | (2) provides, as a school resource officer, a regular |
|---|
| 39 | 39 | | police presence on a school district campus under a memorandum of |
|---|
| 40 | 40 | | understanding between the district and a local law enforcement |
|---|
| 41 | 41 | | agency. |
|---|
| 42 | 42 | | (i) A school district shall report electronically to the |
|---|
| 43 | 43 | | agency, in accordance with standards provided by commissioner rule, |
|---|
| 44 | 44 | | information relating to the use of restraint by a peace officer |
|---|
| 45 | 45 | | performing law enforcement duties on school property or during a |
|---|
| 46 | 46 | | school-sponsored or school-related activity. A report submitted |
|---|
| 47 | 47 | | under this subsection must be consistent with the requirements |
|---|
| 48 | 48 | | adopted by commissioner rule for reporting the use of restraint |
|---|
| 49 | 49 | | involving students with disabilities. |
|---|
| 50 | 50 | | SECTION 3. The commissioner of education shall adopt rules |
|---|
| 51 | 51 | | as provided by Subsection (i), Section 37.0021, Education Code, as |
|---|
| 52 | 52 | | added by this Act, as soon as practicable after the effective date |
|---|
| 53 | 53 | | of this Act. |
|---|
| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2011. |
|---|
| 55 | 55 | | * * * * * |
|---|