By:  Nieto                                             H.B. No. 976
       73R4245 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to corporal punishment in public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter I, Chapter 21, Education Code, is
    1-5  amended by adding Section 21.310 to read as follows:
    1-6        Sec. 21.310.  CORPORAL PUNISHMENT.  (a)  An employee of a
    1-7  public school may administer corporal punishment to a student only
    1-8  if:
    1-9              (1)  the board of trustees, following a review of the
   1-10  use of corporal punishment, adopts a discipline policy expressly
   1-11  permitting corporal punishment; and
   1-12              (2)  the student's parent signs an affidavit
   1-13  authorizing the administration of corporal punishment to the
   1-14  student.
   1-15        (b)  An affidavit executed by a parent under Subsection
   1-16  (a)(2) of this section is effective:
   1-17              (1)  only for a school in which the student is in
   1-18  attendance at the time the affidavit is executed; and
   1-19              (2)  until the parent in writing informs the principal
   1-20  of the school that the parent withdraws the authority to administer
   1-21  corporal punishment.
   1-22        (c)  An employee of a public school may use reasonable and
   1-23  necessary physical restraint for the purpose of:
   1-24              (1)  preventing a student from injuring a person or
    2-1  property;
    2-2              (2)  self-defense; or
    2-3              (3)  obtaining possession from a student of:
    2-4                    (A)  a weapon or other dangerous object;
    2-5                    (B)  marihuana or a controlled substance as
    2-6  defined by Chapter 481, Health and Safety Code; or
    2-7                    (C)  a dangerous drug as defined by Chapter 483,
    2-8  Health and Safety Code.
    2-9        (d)  In this section:
   2-10              (1)  "Corporal punishment" includes hitting, spanking,
   2-11  or slapping a student with a hand or object.
   2-12              (2)  "Parent" includes a person standing in parental
   2-13  relation.
   2-14        SECTION 2.  This Act takes effect September 1, 1993.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.