87R15908 MLH-D
By: Hull, Oliverson, Cain, Moody, Bernal, H.B. No. 2975
et al.
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the physical restraint of or use of
chemical irritants on certain public school students by peace
officers and school security personnel under certain
circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0021, Education Code, is amended by
amending Subsection (d) and adding Subsection (j) to read as
follows:
(d) Subject to Subsection (j), the [The] commissioner by
rule shall adopt procedures for the use of restraint and time-out by
a school district employee or volunteer or an independent
contractor of a district in the case of a student with a disability
receiving special education services under Subchapter A, Chapter
29. A procedure adopted under this subsection must:
(1) be consistent with:
(A) professionally accepted practices and
standards of student discipline and techniques for behavior
management; and
(B) relevant health and safety standards; and
(2) identify any discipline management practice or
behavior management technique that requires a district employee or
volunteer or an independent contractor of a district to be trained
before using that practice or technique.
(j) A peace officer performing law enforcement duties or
school security personnel performing security-related duties on
school property or at a school-sponsored or school-related activity
may not restrain or use a chemical irritant spray on a student 10
years of age or younger unless the student poses a serious risk of
harm to the student or another person.
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, 2021.