Bill Text: TX SB294 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a prohibition against the use of stun guns and Tasers against public school students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-30 - Referred to Education [SB294 Detail]
Download: Texas-2017-SB294-Introduced.html
85R2129 KKA-D | ||
By: Hinojosa | S.B. No. 294 |
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relating to a prohibition against the use of stun guns and Tasers | ||
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. USE OF STUN GUN OR TASER AGAINST STUDENTS | ||
PROHIBITED. (a) In this section: | ||
(1) "Stun gun" has the meaning assigned by Section | ||
38.14, Penal Code. | ||
(2) "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) Except as provided by Subsection (c), the use by school | ||
district peace officers, security personnel, and other employees | ||
and peace officers of a stun gun or Taser to subdue a student on | ||
school property or while attending a school-sponsored or | ||
school-related activity off of school property is prohibited. | ||
(c) Subsection (b) does not prohibit a person from using a | ||
stun gun or Taser to subdue a student who possesses a weapon if the | ||
person sees the weapon and believes the student poses an imminent | ||
risk of causing bodily injury to another student, a peace officer, a | ||
school employee, or another person. A presumption that a student | ||
possesses a weapon is not sufficient for purposes of this | ||
subsection. | ||
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, 2017. |