85R12565 KKA-D
By: Dukes H.B. No. 2245
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use of certain sprays, Tasers, and
stun guns 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 37.0815 to read as follows:
Sec. 37.0815. RESTRICTIONS ON USE OF OC SPRAY, TASER, OR
STUN GUN AGAINST STUDENTS. (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. The term also includes a device that
delivers the specified chemical compound in a foam or gel form.
(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) The use of OC spray, a Taser, or a stun gun to subdue one
or more students on school property or while attending a
school-sponsored or school-related activity off of school property
is permitted only in accordance with this section.
(c) OC spray, a Taser, or a stun gun may be used as permitted
by this section only after other methods of intervention with less
potential for harm have been used unsuccessfully, including verbal
commands and reasonable physical force.
(d) OC spray may be used only during a riot or when three or
more students pose an imminent risk of causing bodily injury to
another student, a peace officer, or another person.
(e) A Taser or stun gun may be used only to prevent loss of
life or subdue a student who possesses a weapon.
(f) OC spray, a Taser, or a stun gun may not be used as a form
of punishment or to protect property.
(g) To the greatest extent feasible in circumstances in
which the use of OC spray is permitted under this section, a foam or
gel form of OC spray shall be used to lessen the risk of unintended
exposure of other students and persons to the OC spray.
SECTION 2. This Act takes effect September 1, 2017.