Texas 2019 - 86th Regular

Texas House Bill HB414 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R16931~~ GCB-D
	1	+	86R3042 GCB-D
2	2		By: Flynn H.B. No. 414
3		-	Substitute the following for H.B. No. 414:
4		-	By: Meyer C.S.H.B. No. 414
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the civil liability of ~~an educator justified in using~~
10		-	force ~~in certain circumstances~~, ~~suspension of a student who~~
11		-	~~assaults an employee~~ of a school, ~~and protection~~ of ~~an educator's~~
12		-	~~employment in certain situations~~.
	7	+	relating to a defense to prosecution for and the civil liability of
	8	+	an educator who uses force to protect the educator's person,
	9	+	students of the school, or property of the school and the suspension
	10	+	of a student who assaults an employee of a school.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Subtitle G, Title 2, Education Code, is amended
15	13		by adding Chapter 38A to read as follows:
16	14		CHAPTER 38A. TEACHER'S PROTECTION ACT
17	15		Sec. 38A.001. SHORT TITLE. This chapter may be cited as the
18	16		Teacher's Protection Act.
19		-	Sec. 38A.002. CIVIL IMMUNITY. An educator who uses force
	17	+	Sec. 38A.002. EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a)
	18	+	An educator is justified in using force on school property, on a
	19	+	school bus, or at a school-sponsored event in defense of the
	20	+	educator's person or in defense of students of the school that
	21	+	employs the educator if, under the circumstances as the educator
	22	+	reasonably believes them to be, the educator would be justified
	23	+	under Subchapter C, Chapter 9, Penal Code, in the use of that force.
	24	+	(b) It is a defense to prosecution for an offense committed
	25	+	by an educator only in the course of defending the educator's person
	26	+	or students of the school that employs the educator that the conduct
	27	+	is justified in the manner described by Subsection (a).
	28	+	Sec. 38A.003. EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a)
	29	+	An educator is justified in using force on school property, on a
	30	+	school bus, or at a school-sponsored event in defense of property of
	31	+	the school that employs the educator if, under the circumstances as
	32	+	the educator reasonably believes them to be, the educator would be
	33	+	justified under Subchapter D, Chapter 9, Penal Code, in the use of
	34	+	that force.
	35	+	(b) It is a defense to prosecution for an offense committed
	36	+	by an educator only in the course of defending property of the
	37	+	school that employs the educator that the conduct is justified in
	38	+	the manner described by Subsection (a).
	39	+	Sec. 38A.004. NONEXCLUSIVITY. This chapter does not prevent
	40	+	an educator who is a defendant in a criminal prosecution from
	41	+	offering as a defense to prosecution any justification provided
	42	+	under Chapter 9, Penal Code.
	43	+	Sec. 38A.005. CIVIL IMMUNITY. An educator who uses force
20	44		that is justified in the manner provided by Chapter 9, Penal Code,
21		-	is entitled to civil immunity under Section 83.001, Civil Practice
22		-	and Remedies Code, for injury or death that results from the
23		-	educator's use of force or deadly force, as applicable.
24		-	Sec. 38A.003. SUSPENSION. A principal or other appropriate
	45	+	as described by this chapter, is entitled to civil immunity under
	46	+	Section 83.001, Civil Practice and Remedies Code.
	47	+	Sec. 38A.006. SUSPENSION. A principal or other appropriate
25	48		administrator may suspend a student under Section 37.005 who
26	49		engages in conduct that contains the elements of the offense of
27	50		assault under Section 22.01, Penal Code, against an employee of the
28	51		school, regardless of whether that conduct is identified in the
29	52		student code of conduct as conduct for which a student may be
30	53		suspended.
31		-	Sec. 38A.004. EMPLOYMENT PROTECTION. An educator who uses
32		-	force that is justified in the manner provided by Chapter 9, Penal
33		-	Code, may not be suspended or terminated from employment or subject
34		-	to other disciplinary action solely as a result of the educator's
35		-	justified use of force.
36	54		SECTION 2. This Act takes effect immediately if it receives
37	55		a vote of two-thirds of all the members elected to each house, as
38	56		provided by Section 39, Article III, Texas Constitution. If this
39	57		Act does not receive the vote necessary for immediate effect, this
40	58		Act takes effect September 1, 2019.