84R2246 GCB-D
By: Flynn H.B. No. 868
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Education Code, is amended
by adding Chapter 38A to read as follows:
CHAPTER 38A. TEACHER'S PROTECTION ACT
Sec. 38A.001. SHORT TITLE. This chapter may be cited as the
Teacher's Protection Act.
Sec. 38A.002. EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a)
An educator is justified in using force or deadly force on school
property, on a school bus, or at a school-sponsored event in defense
of the educator's person or in defense of students of the school
that employs the educator if, under the circumstances as the
educator reasonably believes them to be, the educator would be
justified under Section 9.31, 9.32, or 9.33, Penal Code, in using
force or deadly force, as applicable, in defense of the educator or
students.
(b) It is a defense to prosecution for an offense committed
by an educator only in the course of defending the educator's person
or students of the school that employs the educator that the conduct
is justified in the manner described by Subsection (a).
Sec. 38A.003. EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a)
An educator is justified in using force or deadly force on school
property, on a school bus, or at a school-sponsored event in defense
of property of the school that employs the educator if, under the
circumstances as the educator reasonably believes them to be, the
educator would be justified under Section 9.43, Penal Code, in
using force or deadly force, as applicable, in defense of property
of the school that employs the educator.
(b) It is a defense to prosecution for an offense committed
by an educator only in the course of defending property of the
school that employs the educator that the conduct is justified in
the manner described by Subsection (a).
Sec. 38A.004. NONEXCLUSIVITY. This chapter does not prevent
an educator who is a defendant in a criminal prosecution from
offering as a defense to prosecution any justification provided
under Chapter 9, Penal Code.
Sec. 38A.005. CIVIL IMMUNITY. An educator who uses force or
deadly force that is justified in the manner provided under Chapter
9, Penal Code, as described by this chapter, is entitled to the
civil immunity provided by Section 83.001, Civil Practice and
Remedies Code, for injury or death that results from the educator's
use of force or deadly force, as applicable.
Sec. 38A.006. SUSPENSION. A principal or other appropriate
administrator may suspend a student under Section 37.005 who
engages in conduct that contains the elements of the offense of
assault under Section 22.01, Penal Code, against an employee of the
school, regardless of whether that conduct is identified in the
student code of conduct as conduct for which a student may be
suspended.
SECTION 2. 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, 2015.