84R6601 KKA-D
By: Hinojosa S.B. No. 625
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against the use of certain sprays, stun
guns, and Tasers against public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0814 to read as follows:
Sec. 37.0814. USE OF OC SPRAY, STUN GUN, OR TASER AGAINST
STUDENTS PROHIBITED. (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) "Stun gun" has the meaning assigned by Section
38.14, Penal Code.
(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) Except as provided by Subsection (c), the use by school
district peace officers, security personnel, and other employees
and peace officers of OC spray or a stun gun or Taser to subdue a
student on school property or while attending a school-sponsored or
school-related activity off of school property is prohibited.
(c) Subsection (b) does not prohibit a person from using OC
spray or a stun gun or Taser to subdue a student who possesses a
weapon if the person sees the weapon and believes the student poses
an imminent risk of causing bodily injury to another student, a
peace officer, a school employee, or other person. A presumption
that a student possesses a weapon is not sufficient for purposes of
this subsection.
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.