| 1 | 1 | | 88R3448 MEW-F |
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| 2 | 2 | | By: Allen H.B. No. 3546 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the justified use of force by a school employee or |
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| 8 | 8 | | volunteer against a student. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22.0512, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR |
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| 13 | 13 | | DISTRICT [PROFESSIONAL] EMPLOYEES. (a) An [A professional] |
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| 14 | 14 | | employee of a school district may not be subject to disciplinary |
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| 15 | 15 | | proceedings for the employee's use of physical force against a |
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| 16 | 16 | | student to the extent justified under Section 9.62, Penal Code. |
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| 17 | 17 | | (b) In this section, "disciplinary proceeding" means: |
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| 18 | 18 | | (1) an action brought by the school district employing |
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| 19 | 19 | | an [a professional] employee of a school district to discharge or |
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| 20 | 20 | | suspend the employee or terminate or not renew the employee's term |
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| 21 | 21 | | contract; or |
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| 22 | 22 | | (2) an action brought by the State Board for Educator |
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| 23 | 23 | | Certification to enforce the educator's code of ethics adopted |
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| 24 | 24 | | under Section 21.041(b)(8). |
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| 25 | 25 | | (c) This section does not prohibit a school district from: |
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| 26 | 26 | | (1) enforcing a policy relating to corporal |
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| 27 | 27 | | punishment; or |
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| 28 | 28 | | (2) notwithstanding Subsection (a), bringing a |
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| 29 | 29 | | disciplinary proceeding against an [a professional] employee of the |
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| 30 | 30 | | district who violates the district policy relating to corporal |
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| 31 | 31 | | punishment. |
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| 32 | 32 | | SECTION 2. Section 9.62, Penal Code, is amended to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | Sec. 9.62. JUSTIFIED USE OF FORCE AGAINST STUDENT |
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| 35 | 35 | | [EDUCATOR-STUDENT]. (a) In this section: |
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| 36 | 36 | | (1) "Emergency" means a situation in which a student's |
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| 37 | 37 | | behavior poses a threat of imminent, serious bodily injury to the |
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| 38 | 38 | | student or others. |
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| 39 | 39 | | (2) "Student" means a person who is registered in or in |
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| 40 | 40 | | attendance at a school or educational institution. |
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| 41 | 41 | | (b) Except as provided by Subsection (c), the [The] use of |
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| 42 | 42 | | force, but not deadly force, by an employee or volunteer of the |
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| 43 | 43 | | school or educational institution against a student [person] is |
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| 44 | 44 | | justified: |
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| 45 | 45 | | (1) if permitted as a form of corporal punishment |
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| 46 | 46 | | under Section 37.0011, Education Code [the actor is entrusted with |
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| 47 | 47 | | the care, supervision, or administration of the person for a |
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| 48 | 48 | | special purpose]; [and] |
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| 49 | 49 | | (2) when and to the degree the actor reasonably |
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| 50 | 50 | | believes the force is necessary to protect the safety of students or |
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| 51 | 51 | | staff of the school or educational institution during an emergency, |
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| 52 | 52 | | provided that the use of force is: |
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| 53 | 53 | | (A) limited to the degree of force the actor |
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| 54 | 54 | | reasonably believes is necessary to address the emergency; |
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| 55 | 55 | | (B) discontinued when the emergency no longer |
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| 56 | 56 | | exists; and |
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| 57 | 57 | | (C) carried out in a manner that protects the |
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| 58 | 58 | | health and safety of the student who is subject to the use of force |
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| 59 | 59 | | and others; or |
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| 60 | 60 | | (3) if the use of force consists of: |
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| 61 | 61 | | (A) physical contact or appropriately prescribed |
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| 62 | 62 | | adaptive equipment that is used to promote normative body |
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| 63 | 63 | | positioning or physical functioning of the student; |
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| 64 | 64 | | (B) limited physical contact with the student to |
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| 65 | 65 | | provide guidance to a location, prevent an accident, perform first |
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| 66 | 66 | | aid, or provide comfort; |
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| 67 | 67 | | (C) limited physical contact or appropriately |
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| 68 | 68 | | prescribed adaptive equipment that is used to prevent the student |
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| 69 | 69 | | from engaging in ongoing, repetitive self-injurious behavior; or |
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| 70 | 70 | | (D) the use of a seat belt or other safety |
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| 71 | 71 | | equipment that is used to secure the student during transportation |
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| 72 | 72 | | [further the special purpose or to maintain discipline in a group]. |
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| 73 | 73 | | (c) The use of an aversive technique prohibited under |
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| 74 | 74 | | Section 37.0023, Education Code, is not a justified use of force |
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| 75 | 75 | | under this section. |
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| 76 | 76 | | SECTION 3. The change in law made by this Act applies only |
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| 77 | 77 | | to an offense committed on or after the effective date of this Act. |
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| 78 | 78 | | An offense committed before the effective date of this Act is |
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| 79 | 79 | | governed by the law in effect on the date the offense was committed, |
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| 80 | 80 | | and the former law is continued in effect for that purpose. For |
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| 81 | 81 | | purposes of this section, an offense was committed before the |
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| 82 | 82 | | effective date of this Act if any element of the offense occurred |
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| 83 | 83 | | before that date. |
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| 84 | 84 | | SECTION 4. This Act takes effect September 1, 2023. |
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