84R2246 GCB-D
 
  By: Flynn H.B. No. 868
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a defense to prosecution for and civil liability of an
  educator who uses force or deadly force to protect the educator's
  person, students of the school, or property of the school, and
  suspension of a student who assaults an employee of a school.
         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.  EDUCATOR'S DEFENSE OF SELF OR STUDENTS. (a)
  An educator is justified in using force or deadly force on school
  property, on a school bus, or at a school-sponsored event in defense
  of the educator's person or in defense of students of the school
  that employs the educator if, under the circumstances as the
  educator reasonably believes them to be, the educator would be
  justified under Section 9.31, 9.32, or 9.33, Penal Code, in using
  force or deadly force, as applicable, in defense of the educator or
  students.
         (b)  It is a defense to prosecution for an offense committed
  by an educator only in the course of defending the educator's person
  or students of the school that employs the educator that the conduct
  is justified in the manner described by Subsection (a).
         Sec. 38A.003.  EDUCATOR'S DEFENSE OF SCHOOL PROPERTY. (a)
  An educator is justified in using force or deadly force on school
  property, on a school bus, or at a school-sponsored event in defense
  of property of the school that employs the educator if, under the
  circumstances as the educator reasonably believes them to be, the
  educator would be justified under Section 9.43, Penal Code, in
  using force or deadly force, as applicable, in defense of property
  of the school that employs the educator.
         (b)  It is a defense to prosecution for an offense committed
  by an educator only in the course of defending property of the
  school that employs the educator that the conduct is justified in
  the manner described by Subsection (a).
         Sec. 38A.004.  NONEXCLUSIVITY. This chapter does not prevent
  an educator who is a defendant in a criminal prosecution from
  offering as a defense to prosecution any justification provided
  under Chapter 9, Penal Code.
         Sec. 38A.005.  CIVIL IMMUNITY. An educator who uses force or
  deadly force that is justified in the manner provided under Chapter
  9, Penal Code, as described by this chapter, is entitled to the
  civil immunity provided by 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.006. 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.
         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, 2015.