Texas 2015 - 84th Regular

Texas House Bill HB868 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2246 GCB-D
2	2	By: Flynn H.B. No. 868
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a defense to prosecution for and civil liability of an
8	8	educator who uses force or deadly force to protect the educator's
9	9	person, students of the school, or property of the school, and
10	10	suspension of a student who assaults an employee of a school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle G, Title 2, Education Code, is amended
13	13	by adding Chapter 38A to read as follows:
14	14	CHAPTER 38A. TEACHER'S PROTECTION ACT
15	15	Sec. 38A.001. SHORT TITLE. This chapter may be cited as the
16	16	Teacher's Protection Act.
17	17	Sec. 38A.002. EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a)
18	18	An educator is justified in using force or deadly force on school
19	19	property, on a school bus, or at a school-sponsored event in defense
20	20	of the educator's person or in defense of students of the school
21	21	that employs the educator if, under the circumstances as the
22	22	educator reasonably believes them to be, the educator would be
23	23	justified under Section 9.31, 9.32, or 9.33, Penal Code, in using
24	24	force or deadly force, as applicable, in defense of the educator or
25	25	students.
26	26	(b) It is a defense to prosecution for an offense committed
27	27	by an educator only in the course of defending the educator's person
28	28	or students of the school that employs the educator that the conduct
29	29	is justified in the manner described by Subsection (a).
30	30	Sec. 38A.003. EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a)
31	31	An educator is justified in using force or deadly force on school
32	32	property, on a school bus, or at a school-sponsored event in defense
33	33	of property of the school that employs the educator if, under the
34	34	circumstances as the educator reasonably believes them to be, the
35	35	educator would be justified under Section 9.43, Penal Code, in
36	36	using force or deadly force, as applicable, in defense of property
37	37	of the school that employs the educator.
38	38	(b) It is a defense to prosecution for an offense committed
39	39	by an educator only in the course of defending property of the
40	40	school that employs the educator that the conduct is justified in
41	41	the manner described by Subsection (a).
42	42	Sec. 38A.004. NONEXCLUSIVITY. This chapter does not prevent
43	43	an educator who is a defendant in a criminal prosecution from
44	44	offering as a defense to prosecution any justification provided
45	45	under Chapter 9, Penal Code.
46	46	Sec. 38A.005. CIVIL IMMUNITY. An educator who uses force or
47	47	deadly force that is justified in the manner provided under Chapter
48	48	9, Penal Code, as described by this chapter, is entitled to the
49	49	civil immunity provided by Section 83.001, Civil Practice and
50	50	Remedies Code, for injury or death that results from the educator's
51	51	use of force or deadly force, as applicable.
52	52	Sec. 38A.006. SUSPENSION. A principal or other appropriate
53	53	administrator may suspend a student under Section 37.005 who
54	54	engages in conduct that contains the elements of the offense of
55	55	assault under Section 22.01, Penal Code, against an employee of the
56	56	school, regardless of whether that conduct is identified in the
57	57	student code of conduct as conduct for which a student may be
58	58	suspended.
59	59	SECTION 2. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2015.