82R9523 CAS-D
 
  By: Davis of Dallas H.B. No. 2219
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition placed on an open-enrollment charter
  school against the employment of a person determined under certain
  circumstances to have engaged in misconduct that presents a risk to
  the health, safety, or welfare of a student or minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.10591 to read as follows:
         Sec. 12.10591.  PROHIBITION ON EMPLOYMENT OF CERTAIN
  PERSONS. (a) A person may not be employed by an open-enrollment
  charter school if, based on the person's misconduct that presents a
  risk to the health, safety, or welfare of a student or minor, as
  provided under Subsection (c), the State Board for Educator
  Certification has:
               (1)  revoked, canceled, suspended, or placed
  restrictions on the person's educator certification; or
               (2)  refused to issue an educator certificate to the
  person.
         (b)  A person may not be employed by an open-enrollment
  charter school if, based on the person's misconduct that presents a
  risk to the health, safety, or welfare of a student or minor, as
  provided under Subsection (c), the board of trustees of a school
  district has:
               (1)  revoked the person's school district teaching
  permit; or
               (2)  refused to issue a school district teaching permit
  to the person.
         (c)  For purposes of this section, each of the following is
  misconduct that presents a risk to the health, safety, or welfare of
  a student or minor:
               (1)  engaging in abuse or neglect, as defined by
  Section 261.001, Family Code;
               (2)  engaging in a sexual offense, as prohibited under
  Chapter 21, Penal Code;
               (3)  engaging in the offense of:
                     (A)  sexual assault, as prohibited under Section
  22.01, Penal Code;
                     (B)  aggravated sexual assault, as prohibited
  under Section 22.021, Penal Code;
                     (C)  injury to a child, as prohibited under
  Section 22.04, Penal Code;
                     (D)  abandoning or endangering a child, as
  prohibited under Section 22.041, Penal Code; or
                     (E)  deadly conduct, as prohibited under Section
  22.05, Penal Code;
               (4)  engaging in the offense of online solicitation of
  a minor, as prohibited under Section 33.021, Penal Code;
               (5)  engaging in an offense under Section 37.10, Penal
  Code, or under Section 39.0303 of this code, relating to an
  assessment instrument;
               (6)  engaging in the offense of the sale, distribution,
  or display of harmful material to a minor, as prohibited under
  Section 43.24, Penal Code;
               (7)  engaging in a romantic relationship with a student
  or minor or soliciting sexual contact or a romantic relationship
  with a student or minor;
               (8)  on school property or while attending a
  school-sponsored or school-related activity on or off of school
  property, using, exhibiting, or possessing:
                     (A)  a firearm as defined by Section 46.01(3),
  Penal Code;
                     (B)  an illegal knife as defined by Section
  46.01(6), Penal Code, or by local policy;
                     (C)  a club as defined by Section 46.01(1), Penal
  Code; or
                     (D)  a weapon listed as a prohibited weapon under
  Section 46.05, Penal Code;
               (9)  while on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property:
                     (A)  selling, giving, or delivering to another
  person or possessing, using, or being under the influence of any
  amount of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.; or
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                     (B)  engaging in an offense relating to an
  abusable volatile chemical under Sections 485.031 through 485.033,
  Health and Safety Code;
               (10)  selling, giving, or delivering to a minor,
  regardless of location:
                     (A)  a substance described by Subdivision
  (9)(A)(i) or (ii) or (9)(B); or
                     (B)  an alcoholic beverage, as defined by Section
  1.04, Alcoholic Beverage Code;
               (11)  using fraud or deceit in obtaining or attempting
  to obtain an educator certificate or school district teaching
  permit;
               (12)  engaging in any other criminal offense punishable
  as a felony; or
               (13)  engaging in any other misconduct determined by
  the State Board for Educator Certification or a school district, as
  applicable, to present a risk to the health, safety, or welfare of a
  student or minor.
         SECTION 2.  This Act applies to an employment contract
  entered into by an open-enrollment charter school on or after the
  effective date of this Act. An employment contract entered into by
  an open-enrollment charter school before the effective date of this
  Act is governed by the law in effect on the date the contract was
  entered into, and that law is continued in effect for that purpose.
         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, 2011.