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