Texas 2023 - 88th Regular

Texas Senate Bill SB133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 133
2	2
3	3
4	4	AN ACT
5	5	relating to prohibiting the physical restraint of or use of
6	6	chemical irritants or Tasers on certain public school students by
7	7	peace officers and school security personnel under certain
8	8	circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.0021(b), Education Code, is amended
11	11	by adding Subdivision (5) to read as follows:
12	12	(5) "Taser" means a device manufactured, sold, or
13	13	distributed by Taser International, Incorporated, that is
14	14	intended, designed, made, or adapted to incapacitate a person by
15	15	inflicting an electrical charge through the emission of a
16	16	projectile or conductive stream. The term, for purposes of this
17	17	section, includes a similar device manufactured, sold, or
18	18	distributed by another person.
19	19	SECTION 2. Section 37.0021, Education Code, is amended by
20	20	amending Subsection (d) and adding Subsection (j) to read as
21	21	follows:
22	22	(d) Subject to Subsection (j), the [The] commissioner by
23	23	rule shall adopt procedures for the use of restraint and time-out by
24	24	a school district employee or volunteer or an independent
25	25	contractor of a district in the case of a student with a disability
26	26	receiving special education services under Subchapter A, Chapter
27	27	29. A procedure adopted under this subsection must:
28	28	(1) be consistent with:
29	29	(A) professionally accepted practices and
30	30	standards of student discipline and techniques for behavior
31	31	management; and
32	32	(B) relevant health and safety standards;
33	33	(2) identify any discipline management practice or
34	34	behavior management technique that requires a district employee or
35	35	volunteer or an independent contractor of a district to be trained
36	36	before using that practice or technique; and
37	37	(3) require a school district to:
38	38	(A) provide written notification to the
39	39	student's parent or person standing in parental relation to the
40	40	student for each use of restraint that includes:
41	41	(i) the name of the student;
42	42	(ii) the name of the district employee or
43	43	volunteer or independent contractor of the district who
44	44	administered the restraint;
45	45	(iii) the date of the restraint;
46	46	(iv) the time that the restraint started
47	47	and ended;
48	48	(v) the location of the restraint;
49	49	(vi) the nature of the restraint;
50	50	(vii) a description of the activity in
51	51	which the student was engaged immediately preceding the use of the
52	52	restraint;
53	53	(viii) the behavior of the student that
54	54	prompted the restraint;
55	55	(ix) any efforts made to de-escalate the
56	56	situation and any alternatives to restraint that were attempted;
57	57	(x) if the student has a behavior
58	58	improvement plan or a behavioral intervention plan, whether the
59	59	plan may need to be revised as a result of the behavior that led to
60	60	the restraint; and
61	61	(xi) if the student does not have a behavior
62	62	improvement plan or a behavioral intervention plan, information on
63	63	the procedure for the student's parent or person standing in
64	64	parental relation to the student to request an admission, review,
65	65	and dismissal committee meeting to discuss the possibility of
66	66	conducting a functional behavioral assessment of the student and
67	67	developing a plan for the student;
68	68	(B) include in a student's special education
69	69	eligibility school records:
70	70	(i) a copy of the written notification
71	71	provided to the student's parent or person standing in parental
72	72	relation to the student under Paragraph (A);
73	73	(ii) information on the method by which the
74	74	written notification was sent to the parent or person; and
75	75	(iii) the contact information for the
76	76	parent or person to whom the district sent the notification; and
77	77	(C) if the student has a behavior improvement
78	78	plan or behavioral intervention plan, document each use of time-out
79	79	prompted by a behavior of the student specified in the student's
80	80	plan, including a description of the behavior that prompted the
81	81	time-out.
82	82	(j) A peace officer performing law enforcement duties or
83	83	school security personnel performing security-related duties on
84	84	school property or at a school-sponsored or school-related activity
85	85	may not restrain or use a chemical irritant spray or Taser on a
86	86	student enrolled in fifth grade or below unless the student poses a
87	87	serious risk of harm to the student or another person.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.
93	93	______________________________ ______________________________
94	94	President of the Senate Speaker of the House
95	95	I hereby certify that S.B. No. 133 passed the Senate on
96	96	April 11, 2023, by the following vote: Yeas 31, Nays 0;
97	97	May 22, 2023, Senate refused to concur in House amendments and
98	98	requested appointment of Conference Committee; May 23, 2023, House
99	99	granted request of the Senate; May 27, 2023, Senate adopted
100	100	Conference Committee Report by the following vote: Yeas 31,
101	101	Nays 0.
102	102	______________________________
103	103	Secretary of the Senate
104	104	I hereby certify that S.B. No. 133 passed the House, with
105	105	amendments, on May 6, 2023, by the following vote: Yeas 123,
106	106	Nays 11, two present not voting; May 23, 2023, House granted
107	107	request of the Senate for appointment of Conference Committee;
108	108	May 26, 2023, House adopted Conference Committee Report by the
109	109	following vote: Yeas 124, Nays 11, one present not voting.
110	110	______________________________
111	111	Chief Clerk of the House
112	112	Approved:
113	113	______________________________
114	114	Date
115	115	______________________________
116	116	Governor