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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that school district superintendents |
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report information relating to the use of restraints against |
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students and student arrests and enhancing the penalty prescribed |
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for certain acts of official oppression; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0815 to read as follows: |
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Sec. 37.0815. REPORT TO AGENCY ON USES OF RESTRAINTS |
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AGAINST AND ARRESTS OF STUDENTS. (a) In this section: |
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(1) "OC spray" means any aerosol-propelled |
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debilitation device that is composed of a lachrymatory chemical |
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compound that irritates the eyes to cause tears, pain, or temporary |
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blindness. The term includes pepper spray, capsicum spray, OC gas, |
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and oleoresin capsicum. |
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(2) "Restraint" means the use of physical force or a |
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mechanical device to significantly restrict the free movement of |
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all or a portion of a student's body. The term includes the use of: |
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(A) a baton or a similar club; |
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(B) OC spray; and |
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(C) a Taser. |
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(3) "Taser" means a device manufactured, sold, or |
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distributed by Taser International, Incorporated, that is |
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intended, designed, made, or adapted to incapacitate a person by |
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inflicting an electrical charge through the emission of a |
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projectile or conductive stream. The term, for purposes of this |
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section, includes a similar device manufactured, sold, or |
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distributed by another person. |
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(b) The superintendent of a school district shall notify a |
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student's parent or guardian as soon as practicable after the |
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student is subjected to a restraint or arrested on school property |
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or during a school-sponsored or school-related activity. The |
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notice must include information identifying: |
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(1) the nature of the incident underlying the use of |
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the restraint or the arrest; |
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(2) whether the underlying incident occurred during |
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regular school hours; |
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(3) whether the underlying incident occurred on school |
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property or off school property; |
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(4) the type of restraint administered to the student |
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or the offense for which the student was arrested, as applicable; |
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and |
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(5) the name of the person who administered the |
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restraint to or arrested the student and whether that person is a |
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peace officer who: |
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(A) is employed or commissioned by the district; |
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or |
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(B) provides, as a school resource officer, a |
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regular police presence on a campus in the district under a |
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memorandum of understanding between the district and a local law |
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enforcement agency. |
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(c) After the last day of classes each school year and not |
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later than the date specified by commissioner rule, the |
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superintendent of a school district shall submit to the agency a |
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report that contains information on the uses of restraints against |
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and arrests of students that occurred during the preceding school |
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year, organized by campus. The report must include, as applicable, |
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information identifying: |
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(1) the age of the student; |
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(2) the gender of the student; |
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(3) the race or ethnicity of the student; |
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(4) whether the student is eligible for special |
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education services under Section 29.003; |
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(5) whether the student is a student of limited |
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English proficiency, as defined by Section 29.052; |
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(6) the nature of the incident underlying the use of |
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the restraint or the arrest; |
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(7) whether the underlying incident occurred during |
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regular school hours; |
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(8) whether the underlying incident occurred on school |
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property or off school property while the student was attending a |
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school-sponsored or school-related activity; |
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(9) the type of restraint administered to the student; |
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(10) the offense for which the student was arrested; |
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and |
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(11) if known by the superintendent, any injuries |
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caused to the student during the underlying incident. |
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(d) A report required under Subsection (c) may not include |
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personally identifiable student information and must comply with |
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the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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(e) A school district that enters into a memorandum of |
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understanding with a local law enforcement agency for the provision |
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of a regular police presence on campus shall designate in the |
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memorandum of understanding which entity will be responsible for |
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collecting the information described by Subsection (c). |
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(f) A superintendent who knowingly fails to provide notice |
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or submit a report required by this section commits an offense. An |
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offense under this subsection is a Class A misdemeanor. |
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(g) The agency shall collect the reports required under this |
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section, compile the information, and make the information |
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available to the public. |
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SECTION 2. Section 39.03, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) An offense under this section is a Class A misdemeanor, |
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except that an offense is: |
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(1) a state jail felony if the offense is committed |
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against a public primary or secondary school student on school |
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property or during a school-sponsored or school-related activity; |
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or |
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(2) a felony of the third degree if the public servant |
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acted with the intent to impair the accuracy of data reported to the |
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Texas Education Agency through the Public Education Information |
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Management System (PEIMS) described by Section 42.006, Education |
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Code, under a law requiring that reporting. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 3. (a) Section 37.0815, Education Code, as added by |
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this Act, applies beginning with the 2015-2016 school year. |
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(b) The change in law made by this Act to Section 39.03, |
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Penal Code, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |