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.
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