Bill Text: TX HB2245 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to restrictions on the use of certain sprays, Tasers, and stun guns against public school students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Public Education [HB2245 Detail]
Download: Texas-2017-HB2245-Introduced.html
| 85R12565 KKA-D | ||
| By: Dukes | H.B. No. 2245 | |
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| relating to restrictions on the use of certain sprays, Tasers, and | ||
| stun guns against public school students. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 37, Education Code, is | ||
| amended by adding Section 37.0815 to read as follows: | ||
| Sec. 37.0815. RESTRICTIONS ON USE OF OC SPRAY, TASER, OR | ||
| STUN GUN AGAINST STUDENTS. (a) In this section: | ||
| (1) "OC spray" means any aerosol-propelled | ||
| debilitation device that is composed of a lachrymatory chemical | ||
| compound that irritates the eyes to cause tears, pain, or temporary | ||
| blindness. The term includes pepper spray, capsicum spray, OC gas, | ||
| and oleoresin capsicum. The term also includes a device that | ||
| delivers the specified chemical compound in a foam or gel form. | ||
| (2) "Stun gun" has the meaning assigned by Section | ||
| 38.14, Penal Code. | ||
| (3) "Taser" means a device manufactured, sold, or | ||
| distributed by Taser International, Incorporated, that is | ||
| intended, designed, made, or adapted to incapacitate a person by | ||
| inflicting an electrical charge through the emission of a | ||
| projectile or conductive stream. The term, for purposes of this | ||
| section, includes a similar device manufactured, sold, or | ||
| distributed by another person. | ||
| (b) The use of OC spray, a Taser, or a stun gun to subdue one | ||
| or more students on school property or while attending a | ||
| school-sponsored or school-related activity off of school property | ||
| is permitted only in accordance with this section. | ||
| (c) OC spray, a Taser, or a stun gun may be used as permitted | ||
| by this section only after other methods of intervention with less | ||
| potential for harm have been used unsuccessfully, including verbal | ||
| commands and reasonable physical force. | ||
| (d) OC spray may be used only during a riot or when three or | ||
| more students pose an imminent risk of causing bodily injury to | ||
| another student, a peace officer, or another person. | ||
| (e) A Taser or stun gun may be used only to prevent loss of | ||
| life or subdue a student who possesses a weapon. | ||
| (f) OC spray, a Taser, or a stun gun may not be used as a form | ||
| of punishment or to protect property. | ||
| (g) To the greatest extent feasible in circumstances in | ||
| which the use of OC spray is permitted under this section, a foam or | ||
| gel form of OC spray shall be used to lessen the risk of unintended | ||
| exposure of other students and persons to the OC spray. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
