By: Harris of Anderson, et al. H.B. No. 4520
        (Senate Sponsor - Bettencourt)
         (In the Senate - Received from the House May 2, 2023;
  May 4, 2023, read first time and referred to Committee on Finance;
  May 18, 2023, reported favorably by the following vote:  Yeas 16,
  Nays 1; May 18, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HuffmanX
         HinojosaX
         BettencourtX
         CampbellX
         CreightonX
         FloresX
         HallX
         HancockX
         HughesX
         KolkhorstX
         NicholsX
         PaxtonX
         PerryX
         SchwertnerX
         WestX
         WhitmireX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to employment and retirement consequences for an educator
  convicted of or placed on deferred adjudication community
  supervision for the sale, distribution, or display of harmful
  material to a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.018(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  This article applies only to:
               (1)  conviction or deferred adjudication community
  supervision granted on the basis of an offense for which a
  conviction or grant of deferred adjudication community supervision
  requires the defendant to register as a sex offender under Chapter
  62; [or]
               (2)  conviction of an offense under Title 5, Penal
  Code, if the victim of the offense was under 18 years of age at the
  time the offense was committed; or
               (3)  conviction or deferred adjudication community
  supervision granted on the basis of an offense under Section 43.24,
  Penal Code.
         SECTION 2.  Section 21.058(a), Education Code, is amended to
  read as follows:
         (a)  The procedures described by Subsections (b) and (c)
  apply only to:
               (1)  [to] conviction of or placement on deferred
  adjudication community supervision for an offense for which a
  defendant is required to register as a sex offender under Chapter
  62, Code of Criminal Procedure; [or]
               (2)  [to] conviction of a felony offense under Title 5,
  Penal Code, if the victim of the offense was under 18 years of age at
  the time the offense was committed; or
               (3)  conviction of or placement on deferred
  adjudication community supervision for an offense under Section
  43.24, Penal Code.
         SECTION 3.  Section 824.009(a), Government Code, is amended
  to read as follows:
         (a)  In this section, "qualifying felony" means an offense
  that is punishable as a felony under the following sections of the
  Penal Code:
               (1)  Section 21.02 (continuous sexual abuse of young
  child or disabled individual);
               (2)  Section 21.12 (improper relationship between
  educator and student); [or]
               (3)  Section 22.011 (sexual assault) or Section 22.021
  (aggravated sexual assault); or
               (4)  Section 43.24 (sale, distribution, or display of
  harmful material to minor).
         SECTION 4.  (a) Article 42.018, Code of Criminal Procedure,
  as amended by this Act, applies only to a judgment of conviction or
  order granting deferred adjudication community supervision entered
  on or after the effective date of this Act.
         (b)  Section 824.009, Government 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 that date 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 5.  This Act takes effect September 1, 2023.
 
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