SRC-TAG S.B. 1109 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1109
By: Shapiro
Education
6/29/2003
Enrolled

DIGEST AND PURPOSE 

Currently, some school district have failed to report convictions of
certified educators  in a timely fashion.  A recent comparison of the
Department of Public Safety's registered sex offenders found 67 certified
educators previously unknown to the State Board for Educator Certification
(SBEC).  S.B. 1109 requires SBEC to be notified if a certified educator is
convicted of a felony or an offense on conviction of which a defendant is
required to register as a sex offender and the victim is under 18 years of
age; requires that the educator's certificate be revoked once notification
of the conviction is received; and requires that the convicted educator be
removed from any contact with children immediately and the educator's
contract be terminated as soon as possible.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.058, as follows: 

Sec.  21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT
BASED ON CONVICTION OF CERTAIN OFFENSES.  (a)  Provides that this section
applies only to a conviction of a felony offense under Title 5 (Offense
Against the Person), Penal Code, or an offense on conviction of which the
defendant is required to register as a sex offender under  Chapter 62 (Sex
Offender Registration Program), Code of Criminal Procedure, and if the
victim of the offense is under 18 years of age.  

(b)  Requires the State Board for Educator Certification (SBEC) to take
certain actions,  by the fifth day after the date  it receives notice
under Article 42.018, Code of Criminal Procedure, of the conviction of a
person who holds a certificate under this subchapter, notwithstanding
Section 21.041(7). 

(c)  Requires a school district or open-enrollment charter school that
receives notice under Subsection (b) of revocation of certificate issued
under this subchapter to take certain actions. 

(d)  Authorizes a person whose certificate is revoked under Subsection (b)
to reapply for a certificate in accordance with board rules. 

SECTION 2.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.018, as follows: 

Art.  42.018.  NOTICE PROVIDED BY CLERK OF COURT.  (a)    Provides that
this section applies only to a conviction or deferred adjudication granted
on the basis of: an offense under Title 5 (Offense Against the Person),
Penal Code, or an offense on conviction of which  the defendant is
required to register as a sex offender under  Chapter 62 (Sex Offender
Registration Program), Code of Criminal Procedure, and if the victim of
the offense is under 18 years of age.  
   
(b)  Requires the clerk of the court in which the conviction or deferred
adjudication is entered to provide to SBEC a written notice of the
person's conviction, not later than the fifth day after the date a person
who holds a certificate issued under Chapter 21B ( Certification of
Educators), Education Code, is convicted or granted deferred adjudication
on the basis of an offense.  Requires the notice to include the offense on
which the conviction or deferred adjudication was based. 

SECTION 3.  Effective date: upon passage or September 1, 2003.