85R2129 KKA-D

By: Hinojosa S.B. No. 294

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition against the use of stun guns and Tasers against public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.0815 to read as follows:

Sec. 37.0815. USE OF STUN GUN OR TASER AGAINST STUDENTS PROHIBITED. (a) In this section:

(1) "Stun gun" has the meaning assigned by Section 38.14, Penal Code.

(2) "Taser" means a device manufactured, sold, or distributed by Taser International, Incorporated, that is intended, designed, made, or adapted to incapacitate a person by inflicting an electrical charge through the emission of a projectile or conductive stream. The term, for purposes of this section, includes a similar device manufactured, sold, or distributed by another person.

(b) Except as provided by Subsection (c), the use by school district peace officers, security personnel, and other employees and peace officers of 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 is prohibited.

(c) Subsection (b) does not prohibit a person from using 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 another person. A presumption that a student possesses a weapon is not sufficient for purposes of this subsection.

SECTION 2. 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, 2017.