83R1130 PAM-D
By: Allen H.B. No. 471
A BILL TO BE ENTITLED
AN ACT
relating to corporal punishment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Education Code, is amended by adding
Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
RELATING TO DISCIPLINE
Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section,
"corporal punishment" includes hitting, spanking, paddling, or
deliberately inflicting physical pain by any means on the whole or
any part of a student's body as a penalty or punishment for the
student's behavior on or off campus.
(b) A school district employee or a volunteer or independent
contractor of a district may not administer corporal punishment or
cause corporal punishment to be administered to a student. This
subsection does not apply to corporal punishment administered off
campus by a parent to the parent's child.
(c) A school district employee or a volunteer or independent
contractor of a district may use reasonable and necessary
restraint, as defined by Section 37.0021.
(d) Section 9.62, Penal Code, and Section 22.0511(a) do not
apply to an action of a school district employee or a volunteer or
independent contractor of a district that violates Subsection (b).
SECTION 2. Section 37.0011, Education Code, is repealed.
SECTION 3. 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, 2013.