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AN ACT
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relating to educator misconduct and employment sanctions for |
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certain misconduct; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.006, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A superintendent or director of a school district |
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shall complete an investigation of an educator that is based on |
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reasonable cause to believe the educator may have engaged in |
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misconduct described by Subsection (b)(2)(A), despite the |
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educator's resignation from district employment before completion |
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of the investigation. |
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SECTION 2. Section 21.058, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (c-1), |
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(c-2), and (e) to read as follows: |
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(a) The procedures described by Subsections (b) and (c) |
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apply [This section applies] only: |
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(1) to conviction of a felony offense under Title 5, |
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Penal Code, or an offense on conviction of which a defendant is |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure; and |
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(2) if the victim of the offense is under 18 years of |
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age. |
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(c) A school district or open-enrollment charter school |
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that receives notice under Subsection (b) of the revocation of a |
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certificate issued under this subchapter shall: |
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(1) immediately remove the person whose certificate |
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has been revoked from campus or from an administrative office, as |
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applicable, to prevent the person from having any contact with a |
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student; and |
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(2) if the person is employed under a probationary, |
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continuing, or term contract under this chapter: |
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(A) suspend the person without pay; |
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(B) provide the person with written notice that |
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the person's contract is void as provided by Subsection (c-2); and |
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(C) [as soon as practicable,] terminate the |
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employment of the person as soon as practicable [in accordance with
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the person's contract and with this subchapter]. |
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(c-1) If a school district or open-enrollment charter |
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school becomes aware that a person employed by the district or |
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school under a probationary, continuing, or term contract under |
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this chapter has been convicted of or received deferred |
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adjudication for a felony offense, and the person is not subject to |
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Subsection (c), the district or school may: |
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(1) suspend the person without pay; |
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(2) provide the person with written notice that the |
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person's contract is void as provided by Subsection (c-2); and |
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(3) terminate the employment of the person as soon as |
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practicable. |
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(c-2) A person's probationary, continuing, or term contract |
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is void if the school district or open-enrollment charter school |
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takes action under Subsection (c)(2)(B) or (c-1)(2). |
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(e) Action taken by a school district or open-enrollment |
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charter school under Subsection (c) or (c-1) is not subject to |
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appeal under this chapter, and the notice and hearing requirements |
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of this chapter do not apply to the action. |
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SECTION 3. Sections 21.12(a) and (b-1), Penal Code, are |
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amended to read as follows: |
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(a) An employee of a public or private primary or secondary |
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school commits an offense if the employee: |
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(1) engages in[:
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[(1)] sexual contact, sexual intercourse, or deviate |
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sexual intercourse with a person who is enrolled in a public or |
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private primary or secondary school at which the employee works; |
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[or] |
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(2) holds a certificate or permit issued as provided |
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by Subchapter B, Chapter 21, Education Code, or is a person who is |
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required to be licensed by a state agency as provided by Section |
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21.003(b), Education Code, and engages in sexual contact, sexual |
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intercourse, or deviate sexual intercourse with a person the |
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employee knows is: |
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(A) enrolled in a public primary or secondary |
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school in the same school district as the school at which the |
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employee works; or |
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(B) a student participant in an educational |
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activity that is sponsored by a school district or a public or |
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private primary or secondary school, if: |
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(i) students enrolled in a public or |
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private primary or secondary school are the primary participants in |
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the activity; and |
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(ii) the employee provides education |
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services to those participants; or |
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(3) engages in conduct described by Section 33.021, |
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with a person described by Subdivision (1), or a person the employee |
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knows is a person described by Subdivision (2)(A) or (B), |
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regardless of the age of that person. |
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(b-1) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the actor was the spouse of the enrolled person at |
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the time of the offense; or |
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(2) the actor was not more than three years older than |
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the enrolled person and, at the time of the offense, the actor and |
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the enrolled person were in a relationship that began before the |
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actor's employment at a public or private primary or secondary |
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school. |
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SECTION 4. Section 21.006(b-1), Education Code, as added by |
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this Act, applies to an investigation of possible public school |
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educator misconduct begun on or after the effective date of this |
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Act, regardless of whether the alleged misconduct occurred before, |
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on, or after the effective date of this Act. |
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SECTION 5. |
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The change in law made by this Act to Section |
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21.12, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 6. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1610 was passed by the House on May 5, |
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2011, by the following vote: Yeas 144, Nays 1, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1610 on May 24, 2011, by the following vote: Yeas 144, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1610 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 20, Nays |
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10. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |