| 1 | 1 | | 84R6601 KKA-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 625 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition against the use of certain sprays, stun |
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| 8 | 8 | | guns, and Tasers against public school students. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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| 11 | 11 | | amended by adding Section 37.0814 to read as follows: |
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| 12 | 12 | | Sec. 37.0814. USE OF OC SPRAY, STUN GUN, OR TASER AGAINST |
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| 13 | 13 | | STUDENTS PROHIBITED. (a) In this section: |
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| 14 | 14 | | (1) "OC spray" means any aerosol-propelled |
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| 15 | 15 | | debilitation device that is composed of a lachrymatory chemical |
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| 16 | 16 | | compound that irritates the eyes to cause tears, pain, or temporary |
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| 17 | 17 | | blindness. The term includes pepper spray, capsicum spray, OC gas, |
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| 18 | 18 | | and oleoresin capsicum. |
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| 19 | 19 | | (2) "Stun gun" has the meaning assigned by Section |
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| 20 | 20 | | 38.14, Penal Code. |
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| 21 | 21 | | (3) "Taser" means a device manufactured, sold, or |
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| 22 | 22 | | distributed by Taser International, Incorporated, that is |
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| 23 | 23 | | intended, designed, made, or adapted to incapacitate a person by |
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| 24 | 24 | | inflicting an electrical charge through the emission of a |
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| 25 | 25 | | projectile or conductive stream. The term, for purposes of this |
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| 26 | 26 | | section, includes a similar device manufactured, sold, or |
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| 27 | 27 | | distributed by another person. |
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| 28 | 28 | | (b) Except as provided by Subsection (c), the use by school |
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| 29 | 29 | | district peace officers, security personnel, and other employees |
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| 30 | 30 | | and peace officers of OC spray or a stun gun or Taser to subdue a |
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| 31 | 31 | | student on school property or while attending a school-sponsored or |
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| 32 | 32 | | school-related activity off of school property is prohibited. |
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| 33 | 33 | | (c) Subsection (b) does not prohibit a person from using OC |
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| 34 | 34 | | spray or a stun gun or Taser to subdue a student who possesses a |
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| 35 | 35 | | weapon if the person sees the weapon and believes the student poses |
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| 36 | 36 | | an imminent risk of causing bodily injury to another student, a |
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| 37 | 37 | | peace officer, a school employee, or other person. A presumption |
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| 38 | 38 | | that a student possesses a weapon is not sufficient for purposes of |
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| 39 | 39 | | this subsection. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2015. |
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