Bill Text: TX HB414 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the civil liability of an educator justified in using force in certain circumstances, suspension of a student who assaults an employee of a school, and protection of an educator's employment in certain situations.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2019-05-02 - Committee report sent to Calendars [HB414 Detail]
Download: Texas-2019-HB414-Comm_Sub.html
| 86R16931 GCB-D | |||
| By: Flynn | H.B. No. 414 | ||
| Substitute the following for H.B. No. 414: | |||
| By: Meyer | C.S.H.B. No. 414 | ||
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| relating to the civil liability of an educator justified in using | ||
| force in certain circumstances, suspension of a student who | ||
| assaults an employee of a school, and protection of an educator's | ||
| employment in certain situations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle G, Title 2, Education Code, is amended | ||
| by adding Chapter 38A to read as follows: | ||
| CHAPTER 38A. TEACHER'S PROTECTION ACT | ||
| Sec. 38A.001. SHORT TITLE. This chapter may be cited as the | ||
| Teacher's Protection Act. | ||
| Sec. 38A.002. CIVIL IMMUNITY. An educator who uses force | ||
| that is justified in the manner provided by Chapter 9, Penal Code, | ||
| is entitled to civil immunity under Section 83.001, Civil Practice | ||
| and Remedies Code, for injury or death that results from the | ||
| educator's use of force or deadly force, as applicable. | ||
| Sec. 38A.003. SUSPENSION. A principal or other appropriate | ||
| administrator may suspend a student under Section 37.005 who | ||
| engages in conduct that contains the elements of the offense of | ||
| assault under Section 22.01, Penal Code, against an employee of the | ||
| school, regardless of whether that conduct is identified in the | ||
| student code of conduct as conduct for which a student may be | ||
| suspended. | ||
| Sec. 38A.004. EMPLOYMENT PROTECTION. An educator who uses | ||
| force that is justified in the manner provided by Chapter 9, Penal | ||
| Code, may not be suspended or terminated from employment or subject | ||
| to other disciplinary action solely as a result of the educator's | ||
| justified use of force. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
