By Luna                                         H.B. No. 1735

      75R7493 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to school district investigations of allegations

 1-3     concerning physical abuse of or sexual misconduct toward a student

 1-4     by a district employee.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 38.004, Education Code, is amended by

 1-7     adding Subsection (c) to read as follows:

 1-8           (c)  As soon as practicable after a school district begins a

 1-9     school district investigation based on an allegation of a district

1-10     employee's physical abuse of or sexual misconduct toward a student,

1-11     the district shall notify that employee of:

1-12                 (1)  the investigation and the allegation on which the

1-13     investigation is based; and

1-14                 (2)  the employee's right to legal counsel or other

1-15     representation in connection with the investigation, including the

1-16     right to representation during any meeting at which the employee is

1-17     questioned in connection with the investigation.

1-18           SECTION 2.  This Act takes effect September 1, 1997.

1-19           SECTION 3.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.