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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for and the civil liability of |
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an educator who uses force to protect the educator's person, |
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students of the school, or property of the school and the suspension |
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of a student who assaults an employee of a school. |
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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. EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a) |
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An educator is justified in using force on school property, on a |
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school bus, or at a school-sponsored event in defense of the |
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educator's person or in defense of students of the school that |
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employs the educator if, under the circumstances as the educator |
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reasonably believes them to be, the educator would be justified |
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under Subchapter C, Chapter 9, Penal Code, in the use of that force. |
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(b) It is a defense to prosecution for an offense committed |
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by an educator only in the course of defending the educator's person |
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or students of the school that employs the educator that the conduct |
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is justified in the manner described by Subsection (a). |
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Sec. 38A.003. EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a) |
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An educator is justified in using force on school property, on a |
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school bus, or at a school-sponsored event in defense of property of |
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the school that employs the educator if, under the circumstances as |
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the educator reasonably believes them to be, the educator would be |
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justified under Subchapter D, Chapter 9, Penal Code, in the use of |
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that force. |
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(b) It is a defense to prosecution for an offense committed |
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by an educator only in the course of defending property of the |
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school that employs the educator that the conduct is justified in |
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the manner described by Subsection (a). |
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Sec. 38A.004. NONEXCLUSIVITY. This chapter does not prevent |
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an educator who is a defendant in a criminal prosecution from |
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offering as a defense to prosecution any justification provided |
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under Chapter 9, Penal Code. |
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Sec. 38A.005. 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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as described by this chapter, is entitled to civil immunity under |
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Section 83.001, Civil Practice and Remedies Code. |
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Sec. 38A.006. 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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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. |