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AN ACT
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relating to employment and retirement consequences for an educator |
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convicted of or placed on deferred adjudication community |
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supervision for the sale, distribution, or display of harmful |
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material to a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.018(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) This article applies only to: |
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(1) conviction or deferred adjudication community |
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supervision granted on the basis of an offense for which a |
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conviction or grant of deferred adjudication community supervision |
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requires the defendant to register as a sex offender under Chapter |
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62; [or] |
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(2) conviction of an offense under Title 5, Penal |
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Code, if the victim of the offense was under 18 years of age at the |
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time the offense was committed; or |
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(3) conviction or deferred adjudication community |
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supervision granted on the basis of an offense under Section 43.24, |
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Penal Code. |
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SECTION 2. Section 21.058(a), Education Code, is amended to |
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read as follows: |
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(a) The procedures described by Subsections (b) and (c) |
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apply only to: |
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(1) [to] conviction of or placement on deferred |
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adjudication community supervision for an offense for which a |
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defendant is required to register as a sex offender under Chapter |
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62, Code of Criminal Procedure; [or] |
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(2) [to] conviction of a felony offense under Title 5, |
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Penal Code, if the victim of the offense was under 18 years of age at |
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the time the offense was committed; or |
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(3) conviction of or placement on deferred |
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adjudication community supervision for an offense under Section |
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43.24, Penal Code. |
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SECTION 3. Section 824.009(a), Government Code, is amended |
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to read as follows: |
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(a) In this section, "qualifying felony" means an offense |
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that is punishable as a felony under the following sections of the |
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Penal Code: |
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(1) Section 21.02 (continuous sexual abuse of young |
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child or disabled individual); |
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(2) Section 21.12 (improper relationship between |
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educator and student); [or] |
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(3) Section 22.011 (sexual assault) or Section 22.021 |
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(aggravated sexual assault); or |
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(4) Section 43.24 (sale, distribution, or display of |
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harmful material to minor). |
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SECTION 4. (a) Article 42.018, Code of Criminal Procedure, |
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as amended by this Act, applies only to a judgment of conviction or |
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order granting deferred adjudication community supervision entered |
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on or after the effective date of this Act. |
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(b) Section 824.009, Government Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before that date is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4520 was passed by the House on May 1, |
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2023, by the following vote: Yeas 137, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4520 was passed by the Senate on May |
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22, 2023, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |