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78R7876 CAS-D

By:  Shapiro                                                      S.B. No. 1109



A BILL TO BE ENTITLED

AN ACT

relating to revocation of the certificate and termination of the 
employment of public school educators convicted of certain 
offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 21, Education Code, is 
amended by adding Section 21.058 to read as follows:
	Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF 
EMPLOYMENT BASED ON CONVICTION OF CERTAIN OFFENSES.  (a)  This 
section applies only:
		(1)  to conviction of an offense under Title 5, Penal 
Code, or an offense on conviction of which a defendant is required 
to register as a sex offender under Chapter 62, Code of Criminal 
Procedure; and
		(2)  if the victim of the offense is under 18 years of 
age.          
	(b)  Notwithstanding Section 21.041(7), not later than the 
fifth day after the date the board receives notice under Article 
42.018, Code of Criminal Procedure, of the conviction of a person 
who holds a certificate under this subchapter, the board shall:
		(1)  revoke the certificate held by the person; and                    
		(2)  provide to the person and to any school district or 
open-enrollment charter school employing the person at the time of 
revocation written notice of:
			(A)  the revocation; and                                              
			(B)  the basis for the revocation.                                    
	(c)  A school district or open-enrollment charter school 
that receives notice under Subsection (b) of the revocation of a 
certificate issued under this subchapter shall:
		(1)  immediately remove the person whose certificate 
has been revoked from campus or from an administrative office, as 
applicable, to prevent the person from having any contact with a 
student; and
		(2)  as soon as practicable, terminate the employment 
of the person in accordance with the person's contract and with this 
subchapter.
	SECTION 2.  Chapter 42, Code of Criminal Procedure, is 
amended by adding Article 42.018 to read as follows:
	Art. 42.018.  NOTICE PROVIDED BY CLERK OF COURT.  (a)  This 
article applies only:
		(1)  to conviction of an offense under Title 5, Penal 
Code, or an offense on conviction of which a defendant is required 
to register as a sex offender under Chapter 62; and
		(2)  if the victim of the offense is under 18 years of 
age.          
	(b)  Not later than the fifth day after the date a person who 
holds a certificate issued under Subchapter B, Chapter 21, 
Education Code, is convicted of an offense, the clerk of the court 
in which the conviction is entered shall provide to the State Board 
for Educator Certification written notice of the person's 
conviction, including the offense on which the conviction was 
based.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.