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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a school employee to report a crime and |
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persons subject to the prohibition on coercing another into |
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suppressing or failing to report information to a law enforcement |
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agency; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; [and] |
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(N) intensive programs of instruction under |
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Section 28.0213; and |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148. |
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SECTION 2. Subchapter E-1, Chapter 37, Education Code, is |
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amended by adding Section 37.148 to read as follows: |
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Sec. 37.148. RIGHT TO REPORT CRIME. (a) An employee of a |
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school district or open-enrollment charter school may report a |
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crime witnessed at the school to any peace officer with authority to |
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investigate the crime. |
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(b) A school district or open-enrollment charter school may |
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not adopt a policy requiring a school employee to: |
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(1) refrain from reporting a crime witnessed at the |
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school; or |
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(2) report a crime witnessed at the school only to |
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certain persons or peace officers. |
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SECTION 3. Section 39.06(a), Penal Code, is amended to read |
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as follows: |
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(a) A public servant commits an offense if, in reliance on |
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information to which the public servant [he] has access by virtue of |
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the person's [his] office or employment and that has not been made |
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public, the person [he]: |
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(1) acquires or aids another to acquire a pecuniary |
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interest in any property, transaction, or enterprise that may be |
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affected by the information; |
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(2) speculates or aids another to speculate on the |
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basis of the information; or |
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(3) as a public servant, including as a [principal of
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a] school administrator, coerces another into suppressing or |
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failing to report that information to a law enforcement agency. |
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SECTION 4. The change in law made by this Act to Section |
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39.06, Penal Code, applies to an offense committed on or after the |
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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 on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |