Texas Bill Would Let Teachers Shoot And Kill Kids To Protect School Property

Photo courtesy of The Onion (a satire site).
Photo courtesy of The Onion (a satire site).

A bill introduced into the Texas House this week would permit teachers to use deadly force against students to protect themselves or others. The law would also allow teachers to use deadly force to defend school property. The measure, euphemistically called “The Teacher’s Protection Act,” was introduced by Republican Representative Dan Flynn. Flynn represents a mostly rural East Texas District that includes Hunt, Hopkins and Van Zandt counties. On his home page, he boasts about the conservative nature of his District as follows:

The rural district, home to 174,000 proud Texans, values conservative principles and family values, and voted for Governor Romney over President Obama in the 2012 Presidential election by a 4-1 margin.

Flynn’s bill is the “Stand Your Ground” mentality gone mad. Lawmakers with deep red constituencies may feel compelled to write legislation that the NRA will applaud, but it hardly makes for sound, rational public policy. Allowing teachers to execute students simply to protect school property shows how absurd the gun right’s movement has become.

The most extreme portion of the bill is section 38A.003 that permits a teacher to kill in defense of school property. It reads:
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.

Section 9.43 of the Texas Penal Code reads:

9.43. PROTECTION OF THIRD PERSON’S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property: or
2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person’s land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.

This proposed Texas bill would essentially give school teachers a license to kill students who were damaging school property. Students should not vandalize school property, but is it prudent to give teachers the right to impose the death penalty on suspected juvenile delinquents? The Texas state legislature may think the way to stop Middle School kids from spray painting the outside of the school building is to let teachers shoot a few of them, but really there are more sensible ways to address school vandalism. The Texas House should reject this bill in its entirety.

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30 Replies to “Texas Bill Would Let Teachers Shoot And Kill Kids To Protect School Property”

  1. I believe it even gets worse. I read elsewhere today that it would also immunize said teacher from any civil action in the event that, in executing the black kid with the crayon that was writing on the walls, the teacher also happened to wound and/or kill any others in the vicinity.

  2. This is done so they can have more “human-flesh” ingredients for their famous Texas Chile cook offs. And it also saves them big money on their personal “Chainsaw” maintenance. In my opinion. [WINK]

  3. Guns are a Public Health Problem! Texas is a National Mental Health Problem. The NRA will not be happy until only white Christians with gun and room temperature IQ’s are the only people left in this nation alive. NRA= Nazi Republican Americans! NRA=Not Real Americans. To hell with the second amendment! You Gun Nuts are COWARDS!!!

  4. This will apply only to the black and brown students, of course, because only black and brown students will be targeted. SYG is for white people to protect themselves against everybody else. This being Texas,I see this bill passing.

  5. They will not only be allowed to use deadly force against kids to protect property, they’ll soon be required to (at least if the miscreant kids aren’t white, or, if white, not ril Chrischuns).

  6. Texas is now making it legal for teachers to kill their children at school. If their kids piss them off “then” the parents just don’t give them that “shiny-apple” to give to the teachers daily. And then the parents will no longer have to keep buying those damn “shiny-apples” for the teachers any longer or food for the damn kids. Because the teachers would handle those “problems” for them. Then they could all concentrate on a freaking “football” game that actually means nothing and actually accomplishes squat. Texans “Believe” they have their shit together. “GOD” BLESS THE GREAT STATE OF TEXAS (they really need it). In my opinion. [WINK]

  7. The gunnuts sure want to create a military state. They just found out that their precious 2nd Amendment states ” a well regulated militia” so now they have to create a war on those without guns to justify their paranoid mental illness. Do they know their god, wayne la peepee dodged the draft due to anxiety disorder. He was paranoid scared. Thats what we are dealing with here.

  8. Texas education rates 43rd out of 50 plus you can now be shot with your classmates watching. People move out of Texas, its a sewer.

  9. Well, I sure wouldn’t want to be the Texas teacher who shoots a white PREGNANT student by mistake.

    All of a sudden, Stand Your Ground In The Classroom goes right out the window.

  10. Don’t give those Texas Republicans any ideas. They’re dumb enough to adopt them – just as long as their laws target non-whites exclusively, that is.

  11. Ironic this bill was introduced the week that Marissa Alexander was finally released from jail 5 years after being denied the protection George Zimmerman enjoyed under Florida’s self-defense law. I think it safe to say that the protection of property feature of this statute would be found unconstitutional by the federal courts. On top of that, a public school teacher could be held liable under 42 U.S.C. 1983 for depriving a student of civil rights “under color of state law.”

  12. From what I’ve seen, stand your ground applies only to wimpy, paranoid men. You cannot use it if you are female or black.

  13. Texas. Yup. But what many don’t understand or want to understand is that it is a minority of yahoos who need to be in insane asylums instead of writing laws.

    Believe me, we’re not all gun toting yahoos who go around drinking beer and going to NASCAR races. Many of us watch TED lectures, watch PBS, listen to NPR and actually read books, magazines, newspapers…in other words, we’re normal, whatever that means.

  14. This begs the question of what school district would want to employ a teacher who would kill a kid for stealing a library book.

  15. This is typical social dawinist republican thinking. Property over human life. Wrong to abort the unborn but ok for teachers to kill children. Only in republican lala land does a student deserve to die for tearing a page out of a book.

  16. Ten to one that nobody bothered to ask teachers if they want or would even uphold this if it became law.
    This idiotic idea would be a good way for TX to lose even more fully-trained and certified teachers to other states just as we face a severe national teacher shortage.

  17. When my dad was a Texas kid, the teacher could beat kids for misbehavior. When word got around and grandpa found out about it a month later, dad got another that made gramma cringe. Dad feared them both. Today’s “pistols” are protected by the doo gooders, that are just too good for that. Now the teachers need guns, maybe?? NO! Not! Teachers in many Texas school districts are being asked to Concealed Carry to protect against would be invaders, as I understand it. There is even a special group of lawyers teaching the teachers what is and what is not protected by law, not to mention the sympathies of the onlooking public. This same group is also willing to defend teachers who act within written guide lines.
    The silly speculation of those statesmen jealous of Texas superior status in the American economy are only too happy to try and twist the truth and call them Texassins. So dumb is as dumb does. It is just that simple.

  18. Because all of Texas is gun totin’ crazies who fully endorse putting lead in our children for acting out. Hit the nail right on the head there, buddy.

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