Texas House Bill HB868

Texas 2015 - 84th Regular

Caption

Relating to a defense to prosecution for and civil liability of an educator who uses force or deadly force to protect the educator's person, students of the school, or property of the school, and suspension of a student who assaults an employee of a school.

Impact

This bill impacts Texas education law by explicitly defining situations in which teachers can legally protect themselves and the students under their care. Should the bill pass, it would amend the Education Code to include these defenses against prosecution for educators who find themselves in dangerous situations. Additionally, it introduces a framework for civil immunity for educators using justified force, aligning potential defense strategies within the realm of both criminal and civil proceedings. This could shift the legal atmosphere surrounding school safety and educator accountability considerably.

Summary

House Bill 868, titled the Teacher's Protection Act, seeks to provide a legal defense for educators who use force, including deadly force, to protect themselves, their students, or school property in specific situations. Under the provisions of this bill, an educator would be justified in employing force on school property, on a school bus, or during school-sponsored events if they reasonably believe they face imminent threat. This protection extends to incidents where educators may need to defend their own safety or that of their students from potential harm during school hours or events.

Contention

Notable points of contention around HB 868 include the balance between ensuring educator safety and the potential for misuse of force. Critics may argue that granting such extensive legal protections could lead to situations where excessive force is justified, thereby endangering student safety. On the other hand, supporters emphasize the need for educators to feel secure in their roles, particularly in today's increasingly volatile school environments. The bill is likely to spark discussions around proper boundaries and guidelines for using force in educational settings.