1-1 By: Telford (Senate Sponsor - Van de Putte) H.B. No. 1188 1-2 (In the Senate - Received from the House April 25, 2001; 1-3 April 26, 2001, read first time and referred to Committee on 1-4 Education; May 9, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 8, Nays 0; 1-6 May 9, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1188 By: Van de Putte 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the rights of a public school teacher who is assaulted 1-11 during the performance of the teacher's regular duties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 22.003, Education Code, is amended by 1-14 adding Subsection (c) to read as follows: 1-15 (c) For purposes of Subsection (b), an employee of a school 1-16 district is physically assaulted if the person engaging in the 1-17 conduct causing injury to the employee: 1-18 (1) could be prosecuted for assault; or 1-19 (2) could not be prosecuted for assault only because 1-20 the person's age or mental capacity makes the person a 1-21 nonresponsible person for purposes of criminal liability. 1-22 SECTION 2. This Act applies beginning with the 2001-2002 1-23 school year. 1-24 SECTION 3. This Act takes effect immediately if it receives 1-25 a vote of two-thirds of all the members elected to each house, as 1-26 provided by Section 39, Article III, Texas Constitution. If this 1-27 Act does not receive the vote necessary for immediate effect, this 1-28 Act takes effect September 1, 2001. 1-29 * * * * *