| 1 | 1 | | 85R12565 KKA-D |
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| 2 | 2 | | By: Dukes H.B. No. 2245 |
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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 restrictions on the use of certain sprays, Tasers, and |
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| 8 | 8 | | stun guns 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 37.0815 to read as follows: |
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| 12 | 12 | | Sec. 37.0815. RESTRICTIONS ON USE OF OC SPRAY, TASER, OR |
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| 13 | 13 | | STUN GUN AGAINST STUDENTS. (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. The term also includes a device that |
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| 19 | 19 | | delivers the specified chemical compound in a foam or gel form. |
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| 20 | 20 | | (2) "Stun gun" has the meaning assigned by Section |
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| 21 | 21 | | 38.14, Penal Code. |
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| 22 | 22 | | (3) "Taser" means a device manufactured, sold, or |
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| 23 | 23 | | distributed by Taser International, Incorporated, that is |
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| 24 | 24 | | intended, designed, made, or adapted to incapacitate a person by |
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| 25 | 25 | | inflicting an electrical charge through the emission of a |
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| 26 | 26 | | projectile or conductive stream. The term, for purposes of this |
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| 27 | 27 | | section, includes a similar device manufactured, sold, or |
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| 28 | 28 | | distributed by another person. |
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| 29 | 29 | | (b) The use of OC spray, a Taser, or a stun gun to subdue one |
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| 30 | 30 | | or more students on school property or while attending a |
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| 31 | 31 | | school-sponsored or school-related activity off of school property |
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| 32 | 32 | | is permitted only in accordance with this section. |
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| 33 | 33 | | (c) OC spray, a Taser, or a stun gun may be used as permitted |
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| 34 | 34 | | by this section only after other methods of intervention with less |
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| 35 | 35 | | potential for harm have been used unsuccessfully, including verbal |
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| 36 | 36 | | commands and reasonable physical force. |
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| 37 | 37 | | (d) OC spray may be used only during a riot or when three or |
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| 38 | 38 | | more students pose an imminent risk of causing bodily injury to |
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| 39 | 39 | | another student, a peace officer, or another person. |
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| 40 | 40 | | (e) A Taser or stun gun may be used only to prevent loss of |
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| 41 | 41 | | life or subdue a student who possesses a weapon. |
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| 42 | 42 | | (f) OC spray, a Taser, or a stun gun may not be used as a form |
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| 43 | 43 | | of punishment or to protect property. |
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| 44 | 44 | | (g) To the greatest extent feasible in circumstances in |
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| 45 | 45 | | which the use of OC spray is permitted under this section, a foam or |
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| 46 | 46 | | gel form of OC spray shall be used to lessen the risk of unintended |
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| 47 | 47 | | exposure of other students and persons to the OC spray. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2017. |
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