By: Allen, et al. (Senate Sponsor - Lucio) H.B. No. 359
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on
  Education; May 20, 2011, reported favorably, as amended, by the
  following vote:  Yeas 8, Nays 0; May 20, 2011, sent to printer.)
 
  COMMITTEE AMENDMENT NO. 1 By:  Van de Putte
 
 
  Amend H.B. 359 by striking Section 1, subsection (e), lines 13 and
  14 of page 2.
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to discipline in public schools, including the use of
  corporal punishment and the prosecution of certain children for
  school-related offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0011 to read as follows:
         Sec. 37.0011.  USE OF CORPORAL PUNISHMENT.  (a)  In this
  section, "corporal punishment" means the deliberate infliction of
  physical pain by hitting, paddling, spanking, slapping, or any
  other physical force used as a means of discipline. The term does
  not include:
               (1)  physical pain caused by reasonable physical
  activities associated with athletic training, competition, or
  physical education; or
               (2)  the use of restraint as authorized under Section
  37.0021.
         (b)  If the board of trustees of an independent school
  district adopts a policy under Section 37.001(a)(8) under which
  corporal punishment is permitted as a method of student discipline,
  a district educator may use corporal punishment to discipline a
  student unless the student's parent or guardian or other person
  having lawful control over the student has previously provided a
  written, signed statement prohibiting the use of corporal
  punishment as a method of student discipline.
         (c)  To prohibit the use of corporal punishment as a method
  of student discipline, each school year a student's parent or
  guardian or other person having lawful control over the student
  must provide a separate written, signed statement to the board of
  trustees of the school district in the manner established by the
  board.
         (d)  The student's parent or guardian or other person having
  lawful control over the student may revoke the statement provided
  to the board of trustees under Subsection (c) at any time during the
  school year by submitting a written, signed revocation to the board
  in the manner established by the board.
         (e)  The provisions in this section do not apply to counties
  with a population of less than 50,000.
         SECTION 2.  Section 37.124, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  It is an exception to the application of Subsection (a)
  that, at the time the person engaged in conduct prohibited under
  that subsection, the person was a student in the sixth grade or a
  lower grade level.
         SECTION 3.  Section 37.126, Education Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Section 37.125, a person commits
  an offense if the person intentionally disrupts, prevents, or
  interferes with the lawful transportation of children:
               (1)  to or from school on a vehicle owned or operated by
  a county or independent school district; or
               (2)  to or from [or] an activity sponsored by a school
  on a vehicle owned or operated by a county or independent school
  district.
         (c)  It is an exception to the application of Subsection
  (a)(1) that, at the time the person engaged in conduct prohibited
  under that subdivision, the person was a student in the sixth grade
  or a lower grade level.
         SECTION 4.  Section 42.01, Penal Code, is amended by adding
  Subsection (f) to read as follows:
         (f)  It is an exception to the application of Subsections
  (a)(1), (2), (3), (4), (5), or (6) that, at the time the person
  engaged in conduct prohibited under the applicable subdivision, the
  person was a student in the sixth grade or a lower grade level, and
  the prohibited conduct occurred at a public school campus during
  regular school hours.
         SECTION 5.  The change in law made by Sections 37.124,
  Education Code, 37.126, Education Code, and 42.01, Penal Code, as
  amended 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 6.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 7.  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, 2011.
 
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