84R12215 KJE-D
By: Peña H.B. No. 3341
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that school district superintendents
report information relating to the use of restraints against
students and student arrests and enhancing the penalty prescribed
for certain acts of official oppression; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0815 to read as follows:
Sec. 37.0815. REPORT TO AGENCY ON USES OF RESTRAINTS
AGAINST AND ARRESTS OF STUDENTS. (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) "Restraint" means the use of physical force or a
mechanical device to significantly restrict the free movement of
all or a portion of a student's body. The term includes the use of:
(A) a baton or a similar club;
(B) OC spray; and
(C) a Taser.
(3) "Taser" means a device manufactured, sold, or
distributed by Taser International, Incorporated, 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. The term, for purposes of this
section, includes a similar device manufactured, sold, or
distributed by another person.
(b) The superintendent of a school district shall notify a
student's parent or guardian as soon as practicable after the
student is subjected to a restraint or arrested on school property
or during a school-sponsored or school-related activity. The
notice must include information identifying:
(1) the nature of the incident underlying the use of
the restraint or the arrest;
(2) whether the underlying incident occurred during
regular school hours;
(3) whether the underlying incident occurred on school
property or off school property;
(4) the type of restraint administered to the student
or the offense for which the student was arrested, as applicable;
and
(5) the name of the person who administered the
restraint to or arrested the student and whether that person is a
peace officer who:
(A) is employed or commissioned by the district;
or
(B) provides, as a school resource officer, a
regular police presence on a campus in the district under a
memorandum of understanding between the district and a local law
enforcement agency.
(c) After the last day of classes each school year and not
later than the date specified by commissioner rule, the
superintendent of a school district shall submit to the agency a
report that contains information on the uses of restraints against
and arrests of students that occurred during the preceding school
year, organized by campus. The report must include, as applicable,
information identifying:
(1) the age of the student;
(2) the gender of the student;
(3) the race or ethnicity of the student;
(4) whether the student is eligible for special
education services under Section 29.003;
(5) whether the student is a student of limited
English proficiency, as defined by Section 29.052;
(6) the nature of the incident underlying the use of
the restraint or the arrest;
(7) whether the underlying incident occurred during
regular school hours;
(8) whether the underlying incident occurred on school
property or off school property while the student was attending a
school-sponsored or school-related activity;
(9) the type of restraint administered to the student;
(10) the offense for which the student was arrested;
and
(11) if known by the superintendent, any injuries
caused to the student during the underlying incident.
(d) A report required under Subsection (c) may not include
personally identifiable student information and must comply with
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(e) A school district that enters into a memorandum of
understanding with a local law enforcement agency for the provision
of a regular police presence on campus shall designate in the
memorandum of understanding which entity will be responsible for
collecting the information described by Subsection (c).
(f) A superintendent who knowingly fails to provide notice
or submit a report required by this section commits an offense. An
offense under this subsection is a Class A misdemeanor.
(g) The agency shall collect the reports required under this
section, compile the information, and make the information
available to the public.
SECTION 2. Section 39.03, Penal Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) An offense under this section is a Class A misdemeanor,
except that an offense is:
(1) a state jail felony if the offense is committed
against a public primary or secondary school student on school
property or during a school-sponsored or school-related activity;
or
(2) a felony of the third degree if the public servant
acted with the intent to impair the accuracy of data reported to the
Texas Education Agency through the Public Education Information
Management System (PEIMS) described by Section 42.006, Education
Code, under a law requiring that reporting.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 3. (a) Section 37.0815, Education Code, as added by
this Act, applies beginning with the 2015-2016 school year.
(b) The change in law made by this Act to Section 39.03,
Penal Code, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2015.