By Gallego H.B. No. 2727
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who hold or apply for education credentials or
1-3 public school system employment and the investigation of those
1-4 persons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter E, Chapter 11, Education Code, is
1-7 amended by adding Section 11.64 to read as follows:
1-8 Sec. 11.64. INVESTIGATION AND PROSECUTION UNIT. (a) The
1-9 commissioner of education shall establish in the State Department
1-10 of Education an investigation and prosecution unit.
1-11 (b) The investigation and prosecution unit may:
1-12 (1) investigate possible violations of this code or of
1-13 rules adopted under this code;
1-14 (2) detect, identify, and prosecute holders of
1-15 education credentials for adjudication under Subchapter H, Chapter
1-16 13, of this code, Article 6252-13c, Revised Statutes, or Sections
1-17 2-5, Chapter 267, Acts of the 67th Legislature, Regular Session,
1-18 1981 (Article 6252-13d, Vernon's Texas Civil Statutes); and
1-19 (3) issue and serve a written civil investigative
1-20 demand on a person who possesses or controls information relating
1-21 to the subject matter of an investigation conducted under this
1-22 section.
1-23 (c) A civil investigative demand issued under this section
2-1 must:
2-2 (1) identify this section as the authority for the
2-3 demand;
2-4 (2) identify the person on whom the demand is made;
2-5 (3) identify the statute or rule that is the subject
2-6 matter of the investigation;
2-7 (4) identify the information sought by the demand; and
2-8 (5) state the manner in which the person on whom the
2-9 demand is made may comply with the demand.
2-10 (d) The investigation and prosecution unit may serve a
2-11 demand by personal delivery or by registered or certified mail
2-12 addressed to the person's last known residence or business address.
2-13 If the person to be served is a member of the board of trustees of
2-14 a school district or a full-time, part-time, or substitute school
2-15 district employee, the unit may serve the person by registered or
2-16 certified mail addressed to the person at the central
2-17 administrative office of the district.
2-18 (e) A person on whom a demand is served under this section
2-19 shall comply with the terms of the demand. The terms may be
2-20 modified by agreement with the investigation and prosecution unit
2-21 or by court order.
2-22 (f) A cause of action may not be maintained to restrain an
2-23 investigation instituted under this section.
2-24 SECTION 2. Chapter 13, Education Code, is amended by adding
2-25 Subchapters H and I to read as follows:
3-1 SUBCHAPTER H. EDUCATION CREDENTIALS
3-2 Sec. 13.551. DEFINITIONS. In this subchapter:
3-3 (1) "Commissioner" means the commissioner of education
3-4 or the commissioner's designee.
3-5 (2) "Conduct that violates the security or
3-6 confidential integrity of an examination" means a material
3-7 departure from the instructions or standards governing the
3-8 administration of an examination, including:
3-9 (A) unauthorized viewing of secure examination
3-10 materials or test items;
3-11 (B) unauthorized duplication of secure
3-12 examination materials or test items;
3-13 (C) revealing the contents of secure examination
3-14 materials or test items;
3-15 (D) providing, suggesting, or indicating to an
3-16 examinee a response to an examination question or test item;
3-17 (E) changing or altering a response of an
3-18 examinee to an examination question or test item;
3-19 (F) aiding or assisting an examinee with a
3-20 response to any examination question or test item;
3-21 (G) making or causing to be made any false
3-22 statement, oath, or handwriting exemplar;
3-23 (H) failing or refusing to execute any required
3-24 statement, oath, or handwriting exemplar;
3-25 (I) causing a surrogate or substitute to
4-1 impersonate an examinee for purposes of taking an examination;
4-2 (J) encouraging, soliciting or assisting another
4-3 to engage in the conduct described in Subdivisions (A) through (I)
4-4 of this section; or
4-5 (K) failure to report to an appropriate
4-6 authority that another has engaged in the conduct described in
4-7 Subdivisions (A) through (J) of this section.
4-8 (3) "Education credential" means a certificate,
4-9 endorsement, license, permit, or other muniment issued under this
4-10 code, including those issued to administrators, teachers, teacher
4-11 aides, school bus drivers, educational secretaries, or educational
4-12 professionals, paraprofessionals, auxiliaries or substitutes.
4-13 (4) "Examination" means an examination, test, or other
4-14 assessment that:
4-15 (A) is required for admission to a teacher
4-16 education program;
4-17 (B) is required for the issuance of an education
4-18 credential; or
4-19 (C) is administered for the purpose of assessing
4-20 the academic performance or achievement of public school students.
4-21 Sec. 13.552. POWERS AND DUTIES OF COMMISSIONER. (a) The
4-22 commissioner shall ensure that all holders of education credentials
4-23 are persons worthy of and suited to the public trust and to the
4-24 duties, responsibilities and privileges of the education
4-25 profession.
5-1 (b) The commissioner may approve or deny the issuance of an
5-2 education credential, sanction the holder of an education
5-3 credential, or take other action with respect to an education
5-4 credential that is in the best interest of public school students
5-5 in this state, the public of Texas, and the education profession.
5-6 Sec. 13.553. GROUNDS FOR DENIAL OR SANCTIONS. The
5-7 commissioner may sanction the holder of an education credential or
5-8 refuse to issue an education credential to an applicant for an
5-9 education credential on proof that the holder or applicant is a
5-10 person unworthy of, unfit for, or unsuited to the public trust or
5-11 to the duties, responsibilities, or privileges of the education
5-12 profession, including proof that:
5-13 (1) the holder or applicant has committed an act or
5-14 omission adverse to the welfare of a child or of a person who is
5-15 eligible to attend the public schools of any jurisdiction;
5-16 (2) the holder or applicant has entered a plea of
5-17 guilty, nolo contendre or no contest in connection with a criminal
5-18 offense;
5-19 (3) the holder or applicant has been convicted of a
5-20 criminal offense;
5-21 (4) the holder or applicant has received deferred
5-22 adjudication or deferred prosecution in connection with a criminal
5-23 offense, whether or not such deferred adjudication or deferred
5-24 prosecution has been completed, discharged or terminated;
5-25 (5) the holder or applicant has admitted or judicially
6-1 confessed to facts or has stipulated to testimony or other evidence
6-2 in connection with a criminal proceeding against the holder or
6-3 applicant;
6-4 (6) the holder or applicant has been placed on
6-5 probation in connection with a criminal offense, whether or not
6-6 such probation has been completed, discharged, or terminated;
6-7 (7) a court has found that evidence substantiates the
6-8 holder's or applicant's guilt of a criminal offense, whether or not
6-9 a final adjudication of guilt has been entered;
6-10 (8) the holder or applicant has received a sentence or
6-11 any other punishment in connection with a criminal offense, whether
6-12 or not a final adjudication of guilt has been entered;
6-13 (9) the holder or applicant has engaged in conduct
6-14 that violates the security or confidential integrity of an
6-15 examination;
6-16 (10) the holder or applicant by act or omission has
6-17 violated the Code of Ethics and Standard Practices for Texas
6-18 Educators as adopted by the Texas Professional Practices Commission
6-19 or its successor;
6-20 (11) the holder or applicant has been the subject of
6-21 sanction under the education laws of this state or of any other
6-22 jurisdiction;
6-23 (12) the holder or applicant has failed or refused to
6-24 comply with an order or with any other condition or requirement of
6-25 the commissioner issued under this chapter;
7-1 (13) the holder or applicant by act or omission has
7-2 made a false representation in support of an application for a
7-3 credential;
7-4 (14) the holder or applicant by act or omission has
7-5 caused a credential to be falsified;
7-6 (15) the holder or applicant has knowingly possessed,
7-7 uttered, passed, or otherwise held out a falsified credential; or
7-8 (16) the holder or applicant has knowingly violated
7-9 any law or rule relating to public education.
7-10 Sec. 13.554. SANCTION OF HOLDER. (a) The commissioner may
7-11 sanction the holder of an education credential by:
7-12 (1) ordering the holder to surrender the credential
7-13 and revoking the credential;
7-14 (2) ordering the holder to surrender the credential
7-15 and suspending the credential for a period not to exceed five years
7-16 from the date on which the commissioner's order becomes final and
7-17 enforceable;
7-18 (3) ordering the holder to surrender the credential
7-19 and inscribing a reprimand on the face of the credential; or
7-20 (4) ordering the censure of the holder of the
7-21 credential.
7-22 (b) If the commissioner orders a sanction under Subsection
7-23 (a)(2) or (3) of this section, the commissioner shall subscribe on
7-24 the face of the credential the sanction ordered and the docket
7-25 number of the cause in which the order was entered.
8-1 (c) In connection with the sanction of a credential, the
8-2 commissioner may order and enforce conditions or requirements that
8-3 the commissioner considers to be in the best interest of the public
8-4 school students of this state, the general public, or the education
8-5 profession.
8-6 Sec. 13.555. NOTICE AND HEARING. Before the commissioner of
8-7 education denies an application for an education credential or
8-8 orders the sanction of a holder of an education credential under
8-9 this subchapter, the commissioner shall notify the applicant or
8-10 holder of the proposed action and provide the applicant or holder
8-11 an opportunity for a hearing except as provided by Section 13.556
8-12 of this code.
8-13 Sec. 13.556. TEMPORARY SUSPENSION. (a) The commissioner
8-14 may temporarily suspend an education credential without notice or
8-15 hearing if the commissioner finds that:
8-16 (1) there is reasonable cause to believe that grounds
8-17 to sanction the holder exist under Section 13.553 of this code; and
8-18 (2) the holder's continuation in the practice of the
8-19 education profession constitutes an imminent danger to the health,
8-20 safety, or welfare to a public or private school student.
8-21 (b) The commission shall serve notice of the temporary
8-22 suspension on the holder and the school district that employs the
8-23 holder by certified or registered mail.
8-24 (c) The commissioner shall schedule a hearing regarding the
8-25 suspension not later than the 15th date after the effective date of
9-1 the order of temporary suspension.
9-2 (d) The temporary suspension expires on the date of a final
9-3 order of the commissioner on the issue of a sanction or the 90th
9-4 day after the effective date of the order of temporary suspension,
9-5 whichever occurs first.
9-6 Sec. 13.557. VOLUNTARY CANCELLATION. The commissioner on
9-7 the written request of the holder of an education credential may
9-8 cancel the credential, or part of the credential, under such
9-9 conditions or requirements that the commissioner considers to be in
9-10 the best interest of the public school students of this state, of
9-11 the general public, or of the education profession.
9-12 Sec. 13.558. APPLICATION AFTER DENIAL. If the commissioner
9-13 denies an application for an education credential under Section
9-14 13.553 of this code, the applicant subsequently may not apply for
9-15 the issuance of an education credential before the expiration of
9-16 five years from the date the denial became final and enforceable.
9-17 Sec. 13.559. REINSTATEMENT. After the expiration of five
9-18 years from the date on which an order of revocation or cancellation
9-19 under this subchapter becomes final and enforceable the
9-20 commissioner may reinstate the education credential on terms and
9-21 conditions that the commissioner considers appropriate if the
9-22 commissioner finds that the reinstatement is in the best interests
9-23 of the public school students of this state, the general public,
9-24 and the education profession.
9-25 Sec. 13.560. APPEAL. (a) An appeal from a final order of
10-1 the commissioner issued under this subchapter is subject to the
10-2 substantial evidence rule.
10-3 (b) The refusal to issue an education credential or an order
10-4 of a sanction under Section 13.554(a)(3) or (4) of this code may
10-5 not be appealed.
10-6 Sec. 13.561. INJUNCTION. A suit or other action may not be
10-7 brought to restrain, suspend, or enjoin the effect or enforcement
10-8 of an order of the commissioner entered under this subchapter.
10-9 Sec. 13.562. RULES. The commissioner may adopt rules for
10-10 the implementation of this subchapter.
10-11 SUBCHAPTER I. CRIMINAL HISTORY RECORD INFORMATION
10-12 Section 13.601. DEFINITIONS. In this subchapter:
10-13 (1) "Criminal history information" includes
10-14 information collected or maintained by a law enforcement or
10-15 criminal justice agency relating to an alleged offense, including
10-16 physical descriptions or other identification of the alleged
10-17 offender, notations of arrests, arrest reports, offense reports,
10-18 supplemental reports, detention records, indictments, informations,
10-19 other formal criminal charges, disposition records, and information
10-20 relating to sentencing, noncustodial supervision, probation,
10-21 correctional or custodial supervision, or release and parole.
10-22 (2) "Educational credential" has the meaning assigned
10-23 by Section 13.551 of this code.
10-24 (3) "Law enforcement or criminal justice agency" means
10-25 any law enforcement or criminal justice agency of this state,
11-1 another state, the United States, or any other jurisdiction,
11-2 including the United States Department of Justice, the Federal
11-3 Bureau of Investigation, the Texas Department of Public Safety, the
11-4 Texas Department of Criminal Justice, a sheriff's department, a
11-5 police department, and a county probation department.
11-6 (4) "Investigation and prosecution unit of the Central
11-7 Education Agency" is the unit established under Section 11.64 of
11-8 this code.
11-9 Section 13.602. ACCESS TO INFORMATION. (a) The
11-10 investigation and prosecution unit of the Central Education Agency
11-11 shall obtain all criminal history record information relating to
11-12 the holder of, or an applicant for, an education credential.
11-13 (b) A school district or regional education service center
11-14 shall obtain criminal history record information that relates to an
11-15 applicant to whom an offer of employment is being considered by the
11-16 district or service center. A district or service center is not
11-17 required to obtain information under this section, but may do so,
11-18 if the applicant was issued an education credential under this code
11-19 in the year preceding the date of the application.
11-20 (c) A school district or regional education service center
11-21 may obtain criminal history record information relating to an
11-22 employee of the district or service center.
11-23 (d) A school district shall obtain criminal history
11-24 information that relates to an employee of, or an applicant to whom
11-25 an offer of employment is being considered by, a public or
12-1 commercial transportation company that provides transportation
12-2 services for the district if the person is employed to, or has
12-3 applied to, drive a bus in which students of the district are
12-4 transported. The public or commercial transportation company shall
12-5 submit the names of the employees and applicants to the district
12-6 with other identification data necessary to obtain the information.
12-7 (e) A school district or regional education service center
12-8 may obtain information under this section relating to a employed
12-9 in, or an applicant for, a full-time or part-time position or a
12-10 position as a substitute teacher or as a substitute for any
12-11 full-time, part-time, or substitute employee.
12-12 Sec. 13.603. PROVISION OF INFORMATION. (a) The
12-13 investigation and prosecution unit of the Central Education Agency,
12-14 a school district, or a regional education service center may
12-15 obtain criminal history record information under Section 13.602 of
12-16 this code from any law enforcement or criminal justice agency.
12-17 (b) A law enforcement or criminal justice agency shall
12-18 provide criminal history record information requested under Section
12-19 13.602 of this code as promptly as possible.
12-20 (c) The investigation and prosecution unit of the Central
12-21 Education Agency, a school district, or a regional education
12-22 service center shall cooperate with all law enforcement and
12-23 criminal justice agencies in the maintenance and exchange of
12-24 criminal history record information.
12-25 Sec. 13.604. APPLICANT'S RESPONSIBILITY FOR INTERSTATE
13-1 INFORMATION. If the investigation and prosecution unit of the
13-2 Central Education Agency is denied access to interstate criminal
13-3 history record information relating to an applicant for an
13-4 education credential or is unable to obtain the information from
13-5 the National Crime Information Center or its successor, the
13-6 credential may not be issued to the applicant unless the applicant
13-7 provides to the unit a copy of all such information which the
13-8 applicant is entitled to obtain from the Federal Bureau of
13-9 Investigation or its successor.
13-10 Sec. 13.605. NOTIFICATION OF COMMISSIONER OF EDUCATION. (a)
13-11 The superintendent of a school district or the executive director
13-12 of a regional education service center shall promptly notify the
13-13 commissioner of education in writing if information obtained by the
13-14 district or service center under this subchapter discloses that a
13-15 person holding an education credential issued under this code has
13-16 committed, or is alleged to have committed, a felony or a
13-17 misdemeanor involving conduct adverse to the welfare of a child.
13-18 (b) The commissioner of education shall review each report
13-19 received under this section and take appropriate action.
13-20 Sec. 13.606. DENIAL OF EMPLOYMENT APPLICATION; DISCHARGE.
13-21 (a) A school district or regional education center may deny
13-22 employment to an applicant or discharge an employee if the
13-23 applicant or employee, on request of the school district or
13-24 regional education service center, failed to disclose that the
13-25 applicant or employee has:
14-1 (1) been finally convicted of a criminal offense;
14-2 (2) received deferred adjudication or deferred
14-3 prosecution; or
14-4 (3) received any sentence or punishment in relation to
14-5 a criminal offense, whether or not a final adjudication of guilt
14-6 has been entered.
14-7 (b) If a school district obtains information under Section
14-8 13.602(d) of this code that an employee or applicant has been
14-9 convicted of a felony or an offense involving moral turpitude, the
14-10 district shall inform the public or commercial transportation
14-11 company's chief personnel officer of the person's name and the
14-12 company may not employ the person to drive a bus in which students
14-13 of the district are transported.
14-14 Sec. 13.607. USE OF INFORMATION. (a) Criminal history
14-15 record information obtained under this subchapter may be used for
14-16 any law enforcement purpose or for any purpose authorized under
14-17 this code.
14-18 (b) The Central Education Agency may use information
14-19 obtained under this subchapter for any purpose related to the
14-20 issuance, denial, suspension, or cancellation of an educational
14-21 credential.
14-22 (c) A person is not criminally or civilly liable for the use
14-23 or disclosure of information as authorized by this subchapter.
14-24 SECTION 13.608. RULES. The commissioner of education may
14-25 adopt rules for the implementation of this subchapter.
15-1 SECTION 3. Subchapter Z, Chapter 21, Education Code, is
15-2 amended by adding Section 21.938 to read as follows:
15-3 Sec. 21.938. DUTY TO COOPERATE WITH INVESTIGATIONS. A
15-4 member of the board of trustees of a school district or a school
15-5 district employee shall cooperate, fully and completely, with a
15-6 person conducting a criminal investigation or an investigation
15-7 under this code or the under the Family Code.
15-8 SECTION 4. Section 34.08, Family Code, is amended by
15-9 amending Subsection (a) and adding Subsection (d) to read as
15-10 follows:
15-11 (a) Except as provided in <Subsections (b) and (c) of> this
15-12 section, the reports, records, and working papers used or developed
15-13 in an investigation made under this chapter are confidential and
15-14 may be disclosed only for purposes consistent with the purposes of
15-15 this code under regulations adopted by the investigating agency.
15-16 (d) Reports, records, working papers, and other information
15-17 used or developed in an investigation under this chapter shall be
15-18 disclosed to an authorized agent of the commissioner of education
15-19 on written request. Any information disclosed under this
15-20 subsection may be used for purposes consistent with Subchapter H,
15-21 Chapter 13, Education Code, only.
15-22 SECTION 5. Section 5(c), Article 42.12, Code of Criminal
15-23 Procedure, is amended to read as follows:
15-24 (c) On expiration of a probationary period imposed under
15-25 Subsection (a) of this section, if the court has not proceeded to
16-1 adjudication of guilt, the court shall dismiss the proceedings
16-2 against the defendant and discharge him. The court may dismiss the
16-3 proceedings and discharge the defendant prior to the expiration of
16-4 the term of probation if in its opinion the best interest of
16-5 society and the defendant will be served. A dismissal and
16-6 discharge under this section may not be deemed a conviction for the
16-7 purposes of disqualifications or disabilities imposed by laws for
16-8 conviction of an offense, except that:
16-9 (1) upon conviction of a subsequent offense, the fact
16-10 that the defendant had previously received probation shall be
16-11 admissible before the court or jury to be considered on the issue
16-12 of penalty; <and>
16-13 (2) if the defendant is an applicant for a license or
16-14 is a licensee under Chapter 42, Human Resources Code, the Texas
16-15 Department of Human Services may consider the fact that the
16-16 defendant previously has received probation under this section in
16-17 issuing, renewing, denying, or revoking a license under this
16-18 chapter; and
16-19 (3) if the defendant holds or applies for an education
16-20 credential, as defined by Section 13.551, Education Code, the
16-21 commissioner of education may consider the fact that the
16-22 defendant's guilt has been substantiated by evidence presented to
16-23 the court, the fact that an order has been entered under this
16-24 section, and the fact that the defendant has received probation
16-25 under this section in deciding under Subchapter H, Chapter 13,
17-1 whether to deny an application for an education credential or to
17-2 the sanction the holder of an education credential.
17-3 SECTION 6. Sections 13.0322, 13.046, and 21.917, Education
17-4 Code, are repealed.
17-5 SECTION 7. This Act takes effect September 1, 1993.
17-6 SECTION 8. The importance of this legislation and the
17-7 crowded condition of the calendars in both houses create an
17-8 emergency and an imperative public necessity that the
17-9 constitutional rule requiring bills to be read on three several
17-10 days in each house be suspended, and this rule is hereby suspended.