87(R) SB 414 - Introduced version - Bill Text

	87R3586 MEW-F
	By:  Lucio	S.B.  No.  414

	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)    "Employee" includes an independent contractor.
	(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]; or  [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, provided that the
	use of force does not deprive the student of a basic human need
	[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, 2021.