By Hamric H.B. No. 1035
74R4831 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school district employees who are arrested for felonies
1-3 or offenses involving moral turpitude.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.046(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) Any teacher's certificate issued under the provisions of
1-8 this code or under any previous statute relating to the
1-9 certification of teachers may be suspended or cancelled by the
1-10 state commissioner of education under any one or more of the
1-11 following circumstances:
1-12 (1) on satisfactory evidence that the holder is
1-13 conducting his school or his teaching activities in violation of
1-14 the laws of this state;
1-15 (2) on satisfactory evidence that the holder is a
1-16 person unworthy to instruct the youth of this state; <or>
1-17 (3) on complaint made by the board of trustees that
1-18 the holder of a certificate after entering into a written contract
1-19 with the board of trustees of the district has without good cause
1-20 and without the consent of the trustees abandoned the contract; or
1-21 (4) on satisfactory evidence that the holder has been
1-22 convicted of a felony or other crime involving moral turpitude and
1-23 that the retention of the certificate by the holder would
1-24 constitute a continuing or imminent threat to public school
2-1 students.
2-2 SECTION 2. Section 13.046, Education Code, is amended by
2-3 adding Subsection (f) to read as follows:
2-4 (f) In this section, a person is considered to have been
2-5 convicted in a case if:
2-6 (1) a sentence is imposed;
2-7 (2) the person is placed on community supervision,
2-8 either after conviction or after receiving deferred adjudication;
2-9 or
2-10 (3) after receiving a plea of guilty or nolo
2-11 contendere, the court defers final disposition of the case.
2-12 SECTION 3. Section 13.109, Education Code, is amended to
2-13 read as follows:
2-14 Sec. 13.109. DISCHARGE DURING YEAR; SUSPENSION WITHOUT PAY.
2-15 (a) Any teacher, whether employed under a probationary contract or
2-16 a continuing contract, may be discharged during the school year for
2-17 one or more of the following reasons, which shall constitute lawful
2-18 cause for discharge:
2-19 (1) immorality;
2-20 (2) conviction of any felony or other crime involving
2-21 moral turpitude if the board of trustees determines that the
2-22 continued employment of the teacher would adversely affect the
2-23 welfare of the students of the district;
2-24 (3) drunkenness;
2-25 (4) repeated failure to comply with official
2-26 directives and established school board policy;
2-27 (5) physical or mental incapacity preventing
3-1 performance of the contract of employment; and
3-2 (6) repeated and continuing neglect of duties.
3-3 (b) A school district may suspend a teacher without pay for
3-4 a reason specified in Subsection (a), other than the reason
3-5 specified in Subdivision (2), <of this section> for a period not to
3-6 extend beyond the end of the current school year:
3-7 (1) pending discharge of the teacher; or
3-8 (2) in lieu of discharging the teacher.
3-9 (c) In this section, a teacher is considered to have been
3-10 convicted in a case if:
3-11 (1) a sentence is imposed;
3-12 (2) the teacher is placed on community supervision,
3-13 either after conviction or after receiving deferred adjudication;
3-14 or
3-15 (3) after receiving a plea of guilty or nolo
3-16 contendere, the court defers final disposition of the case.
3-17 SECTION 4. Section 21.210, Education Code, is amended to
3-18 read as follows:
3-19 Sec. 21.210. DISCHARGE FOR CAUSE. (a) Nothing in this
3-20 subchapter shall prohibit a board of trustees from discharging a
3-21 teacher for cause during the term of the contract, including for
3-22 the conviction of a felony or other crime involving moral
3-23 turpitude, if the board determines that the continued employment of
3-24 the teacher following the conviction would adversely affect the
3-25 welfare of the students of the district.
3-26 (b) In this section, a teacher is considered to have been
3-27 convicted in a case if:
4-1 (1) a sentence is imposed;
4-2 (2) the teacher is placed on community supervision,
4-3 either after conviction or after receiving deferred adjudication;
4-4 or
4-5 (3) after receiving a plea of guilty or nolo
4-6 contendere, the court defers final disposition of the case.
4-7 SECTION 5. Section 21.203, Education Code, is amended by
4-8 amending Subsection (b) and adding Subsection (d) to read as
4-9 follows:
4-10 (b) The board of trustees of each school district shall
4-11 establish policies consistent with this subchapter which shall
4-12 establish reasons for nonrenewal. Reasons for nonrenewal must
4-13 include:
4-14 (1) the failure of a person required to take an
4-15 examination under Section 13.047 of this code to perform
4-16 satisfactorily on at least one examination under that section on or
4-17 before June 30, 1986; and
4-18 (2) the conviction of a person for a felony or other
4-19 crime involving moral turpitude, if the board determines that the
4-20 continued employment of the person following the conviction would
4-21 adversely affect the welfare of the students of the district.
4-22 (d) In this section, a person is considered to have been
4-23 convicted in a case if:
4-24 (1) a sentence is imposed;
4-25 (2) the person is placed on community supervision,
4-26 either after conviction or after receiving deferred adjudication;
4-27 or
5-1 (3) after receiving a plea of guilty or nolo
5-2 contendere, the court defers final disposition of the case.
5-3 SECTION 6. Subchapter Z, Chapter 21, Education Code, is
5-4 amended by adding Sections 21.9171 and 21.9172 to read as follows:
5-5 Sec. 21.9171. NOTIFICATION OF ARREST OF SCHOOL DISTRICT
5-6 EMPLOYEES FOR CERTAIN OFFENSES. (a) Not later than the 10th day
5-7 after the date a law enforcement agency arrests for a felony or an
5-8 offense involving moral turpitude a person who a law enforcement
5-9 officer at the agency knows is an employee of a school district,
5-10 the agency shall:
5-11 (1) file a written statement in the papers of the case
5-12 that the person is a school district employee; and
5-13 (2) send written notice of the person's arrest, marked
5-14 "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
5-15 superintendent of the school district in which the person is
5-16 employed.
5-17 (b) The notice required by Subsection (a)(2) must contain:
5-18 (1) the employee's name and address;
5-19 (2) the case number;
5-20 (3) the name of the arresting agency;
5-21 (4) the nature of the offense for which the employee
5-22 has been arrested;
5-23 (5) the date of the arrest;
5-24 (6) a statement that the office of the prosecuting
5-25 attorney acting in the case will provide further notice under
5-26 Subsection (c) relating to the exact disposition of the case
5-27 following the employee's arrest; and
6-1 (7) the following printed on its face in large, bold
6-2 letters:
6-3 "WARNING: The information contained in this notice is
6-4 intended only to inform appropriate school personnel of an arrest
6-5 of a school district employee. An arrest should not be construed
6-6 as proof that the employee is guilty. Guilt is determined in a
6-7 court of law. THE INFORMATION CONTAINED IN THIS NOTICE IS
6-8 CONFIDENTIAL!".
6-9 (c) On disposition of a case pending against a school
6-10 district employee for the commission of a felony or an offense
6-11 involving moral turpitude, the office of the prosecuting attorney
6-12 acting in the case shall send written notice of the disposition to
6-13 the superintendent of the school district not later than the fifth
6-14 day after the date of disposition. The notice must contain:
6-15 (1) the case number;
6-16 (2) each offense disposed of by the court in the case;
6-17 (3) the date of disposition of each offense;
6-18 (4) a statement for each offense of whether the
6-19 employee was acquitted or convicted of the offense, or whether the
6-20 prosecution of the offense was dismissed; and
6-21 (5) a statement for each offense for which prosecution
6-22 was dismissed of whether the dismissal followed a grant of deferred
6-23 adjudication or deferred disposition.
6-24 (d) In addition to the notice required by Subsection (c),
6-25 the office of the prosecuting attorney shall send to the Central
6-26 Education Agency written notice of the disposition of a case
6-27 pending against a teacher for the commission of a felony or an
7-1 offense involving moral turpitude not later than the 10th day after
7-2 the date of disposition. The notice must contain the same
7-3 information contained in the notice required by Subsection (c).
7-4 (e) The superintendent or a person designated by the
7-5 superintendent in the school district may send the information
7-6 contained in the notice required by Subsection (b) or (c) to a
7-7 member of the board of trustees of the school district or a school
7-8 district employee having direct supervisory responsibility over the
7-9 employee if the superintendent or person designated by the
7-10 superintendent determines the member or school district employee
7-11 needs the information for employment purposes or for the protection
7-12 of the person informed or others.
7-13 (f) A person who receives information under this section may
7-14 not disclose the information except as specifically authorized by
7-15 this section. A person who intentionally violates this subsection
7-16 commits an offense. An offense under this subsection is a Class C
7-17 misdemeanor.
7-18 Sec. 21.9172. DISCHARGE OF CERTAIN SCHOOL DISTRICT EMPLOYEES
7-19 DURING YEAR. (a) A school district may discharge from employment
7-20 during the school year or refuse to renew the contract of an
7-21 employee of the district, other than a teacher, who is convicted of
7-22 a felony or an offense involving moral turpitude if the board of
7-23 trustees determines that the continued employment of the employee
7-24 would adversely affect the welfare of the students of the district.
7-25 (b) In this section, an employee is considered to have been
7-26 convicted in a case if:
7-27 (1) a sentence is imposed;
8-1 (2) the employee is placed on community supervision,
8-2 either after conviction or after receiving deferred adjudication;
8-3 or
8-4 (3) after receiving a plea of guilty or nolo
8-5 contendere, the court defers final disposition of the case.
8-6 SECTION 7. (a) The change in law made by this Act applies
8-7 only to a person arrested for an offense committed on or after the
8-8 effective date of this Act. For purposes of this section, an
8-9 offense is committed before the effective date of this Act if any
8-10 element of the offense occurred before the effective date.
8-11 (b) A person arrested for an offense committed before the
8-12 effective date of this Act is covered by the law in effect when the
8-13 offense was committed, and the former law is continued in effect
8-14 for that purpose.
8-15 SECTION 8. This Act takes effect September 1, 1995.
8-16 SECTION 9. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.