AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
School police officers increasingly use Tasers and pepper spray to stop misbehavior. School-based law enforcement agencies armed with Tasers almost tripled between 2005 and 2014.
Tasers are prohibited in all Texas juvenile justice facilities, but remain in Texas schools with almost no oversight or regulation.
S.B. 625 seeks to change that. S.B. 625 prohibits the use of Tasers and pepper spray by school peace officers.
As proposed, S.B. 625 amends current law relating to a prohibition against the use of certain sprays, stun guns, and Tasers against public school students.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 37, Education Code, by adding Section 37.0814, as follows:
Sec. 37.0814. USE OF OC SPRAY, STUN GUN, OR TASER AGAINST STUDENTS PROHIBITED. (a) Defines "OC spray," "stun gun," and "Taser."
(b) Prohibits the use by school district peace officers, security personnel, and other employees and peace officers of OC spray or a stun gun or Taser to subdue a student on school property or while attending a school-sponsored or school-related activity off of school property, except as provided by Subsection (c).
(c) Provides that Subsection (b) does not prohibit a person from using OC spray or a stun gun or Taser to subdue a student who possesses a weapon if the person sees the weapon and believes the student poses an imminent risk of causing bodily injury to another student, a peace officer, a school employee, or other person. Provides that a presumption that a student possesses a weapon is not sufficient for purposes of this subsection.
SECTION 2. Effective date: upon passage or September 1, 2015.