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  83R1130 PAM-D
 
  By: Allen H.B. No. 471
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to corporal punishment in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 37, Education Code, is amended by adding
  Subchapter Z to read as follows:
  SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
  RELATING TO DISCIPLINE
         Sec. 37.901.  CORPORAL PUNISHMENT. (a) In this section,
  "corporal punishment" includes hitting, spanking, paddling, or
  deliberately inflicting physical pain by any means on the whole or
  any part of a student's body as a penalty or punishment for the
  student's behavior on or off campus.
         (b)  A school district employee or a volunteer or independent
  contractor of a district may not administer corporal punishment or
  cause corporal punishment to be administered to a student. This
  subsection does not apply to corporal punishment administered off
  campus by a parent to the parent's child.
         (c)  A school district employee or a volunteer or independent
  contractor of a district may use reasonable and necessary
  restraint, as defined by Section 37.0021.
         (d)  Section 9.62, Penal Code, and Section 22.0511(a) do not
  apply to an action of a school district employee or a volunteer or
  independent contractor of a district that violates Subsection (b).
         SECTION 2.  Section 37.0011, Education Code, is repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.