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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the use of certain sprays, Tasers, and |
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stun guns 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 37.0815 to read as follows: |
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Sec. 37.0815. RESTRICTIONS ON USE OF OC SPRAY, TASER, OR |
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STUN GUN AGAINST 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. The term also includes a device that |
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delivers the specified chemical compound in a foam or gel form. |
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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) The use of OC spray, a Taser, or a stun gun to subdue one |
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or more students on school property or while attending a |
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school-sponsored or school-related activity off of school property |
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is permitted only in accordance with this section. |
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(c) OC spray, a Taser, or a stun gun may be used as permitted |
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by this section only after other methods of intervention with less |
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potential for harm have been used unsuccessfully, including verbal |
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commands and reasonable physical force. |
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(d) OC spray may be used only during a riot or when three or |
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more students pose an imminent risk of causing bodily injury to |
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another student, a peace officer, or another person. |
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(e) A Taser or stun gun may be used only to prevent loss of |
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life or subdue a student who possesses a weapon. |
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(f) OC spray, a Taser, or a stun gun may not be used as a form |
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of punishment or to protect property. |
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(g) To the greatest extent feasible in circumstances in |
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which the use of OC spray is permitted under this section, a foam or |
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gel form of OC spray shall be used to lessen the risk of unintended |
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exposure of other students and persons to the OC spray. |
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SECTION 2. This Act takes effect September 1, 2017. |