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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 a 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) and |
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(e) to read as follows: |
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(a) The procedures described by Subsection (b) apply [This
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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 or otherwise becomes aware |
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that a person employed by the district or school who holds a |
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certificate under this subchapter has been convicted of a felony |
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not described by Subsection (a) 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has been revoked] from campus or from an administrative office, as |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, if the person's certificate was revoked under Subsection |
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(b); [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 and was convicted |
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of a felony: |
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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 in accordance with Subsection (c-1); |
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and |
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(C) as soon as practicable, terminate the |
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person's employment; and |
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(3) if the person is not subject to action under |
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Subdivision (2) [as soon as practicable], terminate the employment |
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of the person as soon as practicable in accordance with the person's |
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contract and with this subchapter. |
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(c-1) A person's probationary, continuing, or term contract |
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under this chapter is void if the employee is convicted of a felony. |
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(e) Action taken by a school district under Subsection |
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(c)(2) is not subject to appeal under this chapter, and the notice |
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and hearing requirements 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. |