S.B. 1109 78(R)    BILL ANALYSIS


S.B. 1109
By: Shapiro
Public Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, some school districts 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 of 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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

S. B. 1109 amends the Education Code to require the State Board for
Educator Certification (board) to take certain actions,  by the fifth day
after the date  it receives notice  of the conviction of a person who
holds an educator certificate (Article 42.018, Code of Criminal
Procedure). The bill requires a school district or open-enrollment charter
school that receives such a notice of revocation of certificate to take
certain actions. The bill authorizes a person whose certificate is revoked
to reapply for a certificate in accordance with board rules. The bill
provides that this added 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.  

The bill amends the Code of Criminal Procedure to require the clerk of the
court in which the conviction or deferred adjudication is entered to
provide to the board 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. The
bill requires the notice to include the offense on which the conviction or
deferred adjudication was based. The bill provides that this added article
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.  
   

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.