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A BILL TO BE ENTITLED
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AN ACT
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relating to the justified use of force by a school employee or |
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volunteer against a student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.0512, Education Code, is amended to |
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read as follows: |
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Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR |
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DISTRICT [PROFESSIONAL] EMPLOYEES. (a) An [A professional] |
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employee of a school district may not be subject to disciplinary |
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proceedings for the employee's use of physical force against a |
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student to the extent justified under Section 9.62, Penal Code. |
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(b) In this section, "disciplinary proceeding" means: |
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(1) an action brought by the school district employing |
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an [a professional] employee of a school district to discharge or |
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suspend the employee or terminate or not renew the employee's term |
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contract; or |
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(2) an action brought by the State Board for Educator |
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Certification to enforce the educator's code of ethics adopted |
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under Section 21.041(b)(8). |
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(c) This section does not prohibit a school district from: |
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(1) enforcing a policy relating to corporal |
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punishment; or |
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(2) notwithstanding Subsection (a), bringing a |
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disciplinary proceeding against an [a professional] employee of the |
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district who violates the district policy relating to corporal |
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punishment. |
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SECTION 2. Section 9.62, Penal Code, is amended to read as |
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follows: |
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Sec. 9.62. JUSTIFIED USE OF FORCE AGAINST STUDENT |
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[EDUCATOR-STUDENT]. (a) In this section: |
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(1) "Employee" includes an independent contractor. |
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(2) "Student" means a person who is registered in or in |
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attendance at a school or educational institution. |
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(b) Except as provided by Subsection (c), the [The] use of |
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force, but not deadly force, by an employee or volunteer of the |
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school or educational institution against a student [person] is |
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justified: |
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(1) if permitted as a form of corporal punishment |
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under Section 37.0011, Education Code [the actor is entrusted with |
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the care, supervision, or administration of the person for a |
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special purpose]; or [and] |
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(2) when and to the degree the actor reasonably |
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believes the force is necessary to protect the safety of students or |
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staff of the school or educational institution, provided that the |
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use of force does not deprive the student of a basic human need |
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[further the special purpose or to maintain discipline in a group]. |
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(c) The use of an aversive technique prohibited under |
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Section 37.0023, Education Code, is not a justified use of force |
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under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |