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A BILL TO BE ENTITLED
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AN ACT
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relating to employment termination procedures applicable to a |
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teacher who is convicted of or receives deferred adjudication for a |
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felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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has been revoked from campus or from an administrative office, as |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 2. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 3. 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. |