Texas 2019 - 86th Regular

Texas House Bill HB3630 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3630
	1	+	By: Meyer, et al. (Senate Sponsor - Lucio) H.B. No. 3630
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on
	4	+	Education; May 17, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 11, Nays 0;
	6	+	May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3630 By: Lucio
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to prohibiting the use of certain aversive techniques on
6	14		students enrolled in public schools.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subchapter A, Chapter 37, Education Code, is
9	17		amended by adding Section 37.0023 to read as follows:
10	18		Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES. (a) In this
11	19		section, "aversive technique" means a technique or intervention
12	20		that is intended to reduce the likelihood of a behavior reoccurring
13	21		by intentionally inflicting on a student significant physical or
14	22		emotional discomfort or pain. The term includes a technique or
15	23		intervention that:
16	24		(1) is designed to or likely to cause physical pain,
17	25		other than an intervention or technique permitted under Section
18	26		37.0011;
19	27		(2) notwithstanding Section 37.0011, is designed to or
20	28		likely to cause physical pain through the use of electric shock or
21	29		any procedure that involves the use of pressure points or joint
22	30		locks;
23	31		(3) involves the directed release of a noxious, toxic,
24	32		or otherwise unpleasant spray, mist, or substance near the
25	33		student's face;
26	34		(4) denies adequate sleep, air, food, water, shelter,
27	35		bedding, physical comfort, supervision, or access to a restroom
28	36		facility;
29	37		(5) ridicules or demeans the student in a manner that
30	38		adversely affects or endangers the learning or mental health of the
31	39		student or constitutes verbal abuse;
32	40		(6) employs a device, material, or object that
33	41		simultaneously immobilizes all four extremities, including any
34	42		procedure that results in such immobilization known as prone or
35	43		supine floor restraint;
36	44		(7) impairs the student's breathing, including any
37	45		procedure that involves:
38	46		(A) applying pressure to the student's torso or
39	47		neck; or
40	48		(B) obstructing the student's airway, including
41	49		placing an object in, on, or over the student's mouth or nose or
42	50		placing a bag, cover, or mask over the student's face;
43	51		(8) restricts the student's circulation;
44	52		(9) secures the student to a stationary object while
45	53		the student is in a sitting or standing position;
46	54		(10) inhibits, reduces, or hinders the student's
47	55		ability to communicate;
48	56		(11) involves the use of a chemical restraint;
49	57		(12) constitutes a use of timeout that precludes the
50	58		student from being able to be involved in and progress
51	59		appropriately in the required curriculum and, if applicable, toward
52	60		the annual goals included in the student's individualized education
53	61		program, including isolating the student by the use of physical
54	62		barriers; or
55	63		(13) except as provided by Subsection (c), deprives
56	64		the student of the use of one or more of the student's senses.
57	65		(b) A school district or school district employee or
58	66		volunteer or an independent contractor of a school district may not
59	67		apply an aversive technique, or by authorization, order, or
60	68		consent, cause an aversive technique to be applied, to a student.
61	69		(c) Notwithstanding Subsection (a)(13), an aversive
62	70		technique described by Subsection (a)(13) may be used if the
63	71		technique is executed in a manner that:
64	72		(1) does not cause the student pain or discomfort; or
65	73		(2) complies with the student's individualized
66	74		education program or behavior intervention plan.
67	75		(d) Nothing in this section may be construed to prohibit a
68	76		teacher from removing a student from class under Section 37.002.
69	77		(e) In adopting procedures under this section, the
70	78		commissioner shall provide guidance to school district employees,
71	79		volunteers, and independent contractors of school districts in
72	80		avoiding a violation of Subsection (b).
73	81		SECTION 2. This Act applies beginning with the 2019-2020
74	82		school year.
75	83		SECTION 3. This Act takes effect immediately if it receives
76	84		a vote of two-thirds of all the members elected to each house, as
77	85		provided by Section 39, Article III, Texas Constitution. If this
78	86		Act does not receive the vote necessary for immediate effect, this
79	87		Act takes effect September 1, 2019.
80		-	______________________________ ______________________________
81		-	President of the Senate Speaker of the House
82		-	I certify that H.B. No. 3630 was passed by the House on May 3,
83		-	2019, by the following vote: Yeas 141, Nays 0, 1 present, not
84		-	voting; and that the House concurred in Senate amendments to H.B.
85		-	No. 3630 on May 24, 2019, by the following vote: Yeas 139, Nays 0,
86		-	3 present, not voting.
87		-	______________________________
88		-	Chief Clerk of the House
89		-	I certify that H.B. No. 3630 was passed by the Senate, with
90		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
91		-	0.
92		-	______________________________
93		-	Secretary of the Senate
94		-	APPROVED: __________________
95		-	Date
96		-	__________________
97		-	Governor
	88	+	* * * * *