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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain discipline management practices or |
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behavior management techniques by peace officers employed or |
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commissioned by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 37.0021, Education Code, |
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is amended by adding Subdivision (4) to read as follows: |
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(4) "Law enforcement duties" means activities of a |
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peace officer relating to the investigation and enforcement of |
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state criminal laws and other duties authorized by the Code of |
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Criminal Procedure. |
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SECTION 2. Section 37.0021, Education Code, is amended by |
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amending Subsection (g) and adding Subsections (h) and (i) to read |
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as follows: |
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(g) This section and any rules or procedures adopted under |
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this section do not apply to: |
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(1) a peace officer [while] performing law enforcement |
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duties, except as provided by Subsection (i); |
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(2) juvenile probation, detention, or corrections |
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personnel; or |
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(3) an educational services provider with whom a |
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student is placed by a judicial authority, unless the services are |
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provided in an educational program of a school district. |
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(h) This section and any rules or procedures adopted under |
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this section apply to a peace officer only if the peace officer: |
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(1) is employed or commissioned by a school district; |
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or |
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(2) provides, as a school resource officer, a regular |
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police presence on a school district campus under a memorandum of |
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understanding between the district and a local law enforcement |
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agency. |
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(i) A school district shall report electronically to the |
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agency, in accordance with standards provided by commissioner rule, |
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information relating to the use of restraint by a peace officer |
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performing law enforcement duties on school property or during a |
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school-sponsored or school-related activity. A report submitted |
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under this subsection must be consistent with the requirements |
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adopted by commissioner rule for reporting the use of restraint |
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involving students with disabilities. |
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SECTION 3. The commissioner of education shall adopt rules |
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as provided by Subsection (i), Section 37.0021, Education Code, as |
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added by this Act, as soon as practicable after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |