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


Senate Research Center   S.B. 1109
78R7876 CAS-DBy: Shapiro
Education
3/20/2003
As Filed


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 of Educator Certification
(SBEC).  As proposed, S.B. 1109 requires the SBEC to be notified if a
certified educator is convicted of a crime that caused or could cause harm
to a child; 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  Chapter 21B, 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 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 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. 

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 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 is entered to
provide to the  SBEC  a written notice of the person's conviction, by the
fifth day after the date a person who holds a certificate issued under
Chapter 21B ( Certification of Educators), Education Code, is convicted.
Requires the notice to include  the offense on which the conviction was
based. 

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