By Lewis of Orange                                    H.B. No. 2431
         76R6875 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to investigations of allegations concerning physical abuse
 1-3     of or sexual misconduct toward a student by a district employee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 22, Education Code, is
 1-6     amended by adding Section 22.006 to read as follows:
 1-7           Sec. 22.006.  INVESTIGATIONS OF ALLEGATIONS OF ABUSE OR
 1-8     SEXUAL MISCONDUCT BY EMPLOYEE.  (a)  A school district employee
 1-9     against whom an allegation is made of physical abuse of or sexual
1-10     misconduct towards a student is entitled to legal counsel or other
1-11     representation in connection with the district's investigation of
1-12     the allegation, including the right to representation during any
1-13     meeting at which the employee is questioned in connection with the
1-14     investigation.
1-15           (b)  As soon as practicable after a school district receives
1-16     an allegation of a district employee's physical abuse of or sexual
1-17     misconduct toward a student, the district shall:
1-18                 (1)  schedule a conference with the employee at which
1-19     the employee is entitled to:
1-20                       (A)  written or oral notice of the allegation and
1-21     the possible investigation of the allegation and the employee; and
1-22                       (B)  an opportunity to respond to the allegation;
1-23     and
1-24                 (2)  notify the employee of the employee's right under
 2-1     Subsection (a) to legal counsel or other representation.
 2-2           (c)  A school district that receives an allegation of a
 2-3     district employee's physical abuse of or sexual misconduct toward a
 2-4     student shall promptly conduct a thorough investigation of the
 2-5     allegation independently of any investigation by any other
 2-6     authority.  A district is not required to promptly conduct the
 2-7     investigation if the employee waives the employee's right to a
 2-8     prompt investigation.  On conclusion of the investigation, the
 2-9     district shall promptly inform the employee of the district's
2-10     findings and recommended action.
2-11           (d)  A school district shall maintain confidentiality
2-12     regarding the employee's identification, the alleged facts and
2-13     circumstances surrounding the allegation, and information regarding
2-14     the investigation unless the district is otherwise required by law
2-15     to release information regarding the investigation.
2-16           SECTION 2.   This Act takes effect September 1, 1999.
2-17           SECTION 3.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.