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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil liability of an educator justified in using |
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force in certain circumstances, suspension of a student who |
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assaults an employee of a school, and protection of an educator's |
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employment in certain situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 2, Education Code, is amended |
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by adding Chapter 38A to read as follows: |
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CHAPTER 38A. TEACHER'S PROTECTION ACT |
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Sec. 38A.001. SHORT TITLE. This chapter may be cited as the |
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Teacher's Protection Act. |
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Sec. 38A.002. CIVIL IMMUNITY. An educator who uses force |
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that is justified in the manner provided by Chapter 9, Penal Code, |
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is entitled to civil immunity under Section 83.001, Civil Practice |
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and Remedies Code, for injury or death that results from the |
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educator's use of force or deadly force, as applicable. |
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Sec. 38A.003. SUSPENSION. A principal or other appropriate |
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administrator may suspend a student under Section 37.005 who |
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engages in conduct that contains the elements of the offense of |
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assault under Section 22.01, Penal Code, against an employee of the |
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school, regardless of whether that conduct is identified in the |
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student code of conduct as conduct for which a student may be |
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suspended. |
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Sec. 38A.004. EMPLOYMENT PROTECTION. An educator who uses |
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force that is justified in the manner provided by Chapter 9, Penal |
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Code, may not be suspended or terminated from employment or subject |
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to other disciplinary action solely as a result of the educator's |
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justified use of force. |
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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, 2019. |