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.