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A BILL TO BE ENTITLED
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AN ACT
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relating to corporal punishment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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RELATING TO DISCIPLINE |
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Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section, |
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"corporal punishment" includes hitting, spanking, paddling, or |
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deliberately inflicting physical pain by any means on the whole or |
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any part of a student's body as a penalty or punishment for the |
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student's behavior on or off campus. |
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(b) A school district employee or a volunteer or independent |
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contractor of a district may not administer corporal punishment or |
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cause corporal punishment to be administered to a student. |
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(c) A school district employee or a volunteer or independent |
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contractor of a district may use reasonable and necessary physical |
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restraining techniques for the purpose of: |
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(1) preventing a student from injuring a person or |
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property; |
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(2) self-defense; or |
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(3) obtaining from a student possession of an object |
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specified by Section 37.007(a)(1) or another dangerous object. |
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(d) Section 9.62, Penal Code, and Section 22.0511(a) do not |
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apply to an action of a school district employee or a volunteer or |
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independent contractor of a district that violates Subsection (b). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |