86R16931 GCB-D
By: Flynn H.B. No. 414
Substitute the following for H.B. No. 414:
By: Meyer C.S.H.B. No. 414
A BILL TO BE ENTITLED
AN ACT
relating to the civil liability of an educator justified in using
force in certain circumstances, suspension of a student who
assaults an employee of a school, and protection of an educator's
employment in certain situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Education Code, is amended
by adding Chapter 38A to read as follows:
CHAPTER 38A. TEACHER'S PROTECTION ACT
Sec. 38A.001. SHORT TITLE. This chapter may be cited as the
Teacher's Protection Act.
Sec. 38A.002. CIVIL IMMUNITY. An educator who uses force
that is justified in the manner provided by Chapter 9, Penal Code,
is entitled to civil immunity under Section 83.001, Civil Practice
and Remedies Code, for injury or death that results from the
educator's use of force or deadly force, as applicable.
Sec. 38A.003. SUSPENSION. A principal or other appropriate
administrator may suspend a student under Section 37.005 who
engages in conduct that contains the elements of the offense of
assault under Section 22.01, Penal Code, against an employee of the
school, regardless of whether that conduct is identified in the
student code of conduct as conduct for which a student may be
suspended.
Sec. 38A.004. EMPLOYMENT PROTECTION. An educator who uses
force that is justified in the manner provided by Chapter 9, Penal
Code, may not be suspended or terminated from employment or subject
to other disciplinary action solely as a result of the educator's
justified use of force.
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, 2019.