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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against the use of certain sprays, stun |
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guns, and Tasers against public school students. |
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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 37.0814 to read as follows: |
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Sec. 37.0814. USE OF OC SPRAY, STUN GUN, OR TASER AGAINST |
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STUDENTS PROHIBITED. (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) "Stun gun" has the meaning assigned by Section |
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38.14, Penal Code. |
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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) Except as provided by Subsection (c), the use by school |
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district peace officers, security personnel, and other employees |
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and peace officers of OC spray or a stun gun or Taser to subdue a |
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student on school property or while attending a school-sponsored or |
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school-related activity off of school property is prohibited. |
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(c) Subsection (b) does not prohibit a person from using OC |
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spray or a stun gun or Taser to subdue a student who possesses a |
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weapon if the person sees the weapon and believes the student poses |
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an imminent risk of causing bodily injury to another student, a |
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peace officer, a school employee, or other person. A presumption |
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that a student possesses a weapon is not sufficient for purposes of |
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this subsection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |