88R3448 MEW-F
 
  By: Allen H.B. No. 3546
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the justified use of force by a school employee or
  volunteer against a student.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.0512, Education Code, is amended to
  read as follows:
         Sec. 22.0512.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
  DISTRICT [PROFESSIONAL] EMPLOYEES.  (a)  An [A professional]
  employee of a school district may not be subject to disciplinary
  proceedings for the employee's use of physical force against a
  student to the extent justified under Section 9.62, Penal Code.
         (b)  In this section, "disciplinary proceeding" means:
               (1)  an action brought by the school district employing
  an [a professional] employee of a school district to discharge or
  suspend the employee or terminate or not renew the employee's term
  contract; or
               (2)  an action brought by the State Board for Educator
  Certification to enforce the educator's code of ethics adopted
  under Section 21.041(b)(8).
         (c)  This section does not prohibit a school district from:
               (1)  enforcing a policy relating to corporal
  punishment; or
               (2)  notwithstanding Subsection (a), bringing a
  disciplinary proceeding against an [a professional] employee of the
  district who violates the district policy relating to corporal
  punishment.
         SECTION 2.  Section 9.62, Penal Code, is amended to read as
  follows:
         Sec. 9.62.  JUSTIFIED USE OF FORCE AGAINST STUDENT
  [EDUCATOR-STUDENT].  (a)  In this section:
               (1)  "Emergency" means a situation in which a student's
  behavior poses a threat of imminent, serious bodily injury to the
  student or others.
               (2)  "Student" means a person who is registered in or in
  attendance at a school or educational institution.
         (b)  Except as provided by Subsection (c), the [The] use of
  force, but not deadly force, by an employee or volunteer of the
  school or educational institution against a student [person] is
  justified:
               (1)  if permitted as a form of corporal punishment
  under Section 37.0011, Education Code [the actor is entrusted with
  the care, supervision, or administration of the person for a
  special purpose]; [and]
               (2)  when and to the degree the actor reasonably
  believes the force is necessary to protect the safety of students or
  staff of the school or educational institution during an emergency,
  provided that the use of force is:
                     (A)  limited to the degree of force the actor
  reasonably believes is necessary to address the emergency;
                     (B)  discontinued when the emergency no longer
  exists; and
                     (C)  carried out in a manner that protects the
  health and safety of the student who is subject to the use of force
  and others; or
               (3)  if the use of force consists of:
                     (A)  physical contact or appropriately prescribed
  adaptive equipment that is used to promote normative body
  positioning or physical functioning of the student;
                     (B)  limited physical contact with the student to
  provide guidance to a location, prevent an accident, perform first
  aid, or provide comfort;
                     (C)  limited physical contact or appropriately
  prescribed adaptive equipment that is used to prevent the student
  from engaging in ongoing, repetitive self-injurious behavior; or
                     (D)  the use of a seat belt or other safety
  equipment that is used to secure the student during transportation
  [further the special purpose or to maintain discipline in a group].
         (c)  The use of an aversive technique prohibited under
  Section 37.0023, Education Code, is not a justified use of force
  under this section.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2023.