2017S0018-1 12/08/16

By: Taylor of Collin S.B. No. 653

A BILL TO BE ENTITLED

AN ACT

relating to improper relationships between educators or certain other school personnel and students; creating an offense and expanding the applicability of existing offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. LEGISLATIVE FINDINGS

SECTION 1.01. The legislature finds that:

(1) all children receiving an education in Texas are entitled to a safe, secure learning environment;

(2) registered sex offenders and employees that engage in sexual contact with students should be barred from Texas classrooms;

(3) inappropriate teacher-student relationships, including the use of certain forms of electronic communication, detract from the state's expectation of a general diffusion of knowledge;

(4) education administrators have a duty to report employees that engage in sexual contact with students to the appropriate law enforcement and regulatory agencies; and

(5) a school employee found to engage in inappropriate behavior with a student in one school or district must not be allowed to be employed by another school or district.

ARTICLE 2. REPORTING, ENFORCEMENT, AND CRIMINAL PENALTIES

SECTION 2.01. Section 7.028(a), Education Code, is amended to read as follows:

(a) Except as provided by Section 29.001(5), 29.010(a), or 39.057, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the use of funds provided for such a program under Subchapter C, Chapter 42, only as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance with grant requirements; [and]

(3) data integrity for purposes of:

(A) the Public Education Information Management System (PEIMS); and

(B) accountability under Chapter 39; and

(4) compliance with reporting requirements under Section 21.006.

SECTION 2.02. Section 12.056(b), Education Code, is amended to read as follows:

(b) A campus or program for which a charter is granted under this subchapter is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B) a requirement to report misconduct under Section 21.006;

(C) criminal history records under Subchapter C, Chapter 22, including the registry created under Section 22.088;

(D) [(C)] high school graduation under Section 28.025;

(E) [(D)] special education programs under Subchapter A, Chapter 29;

(F) [(E)] bilingual education under Subchapter B, Chapter 29;

(G) [(F)] prekindergarten programs under Subchapter E, Chapter 29;

(H) [(G)] extracurricular activities under Section 33.081;

(I) [(H)] health and safety under Chapter 38; and

(J) [(I)] public school accountability under Subchapters B, C, D, E, F, and J, Chapter 39.

SECTION 2.03. Section 12.104(b), Education Code, is amended to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C, Chapter 22;

(C) reading instruments and accelerated reading instruction programs under Section 28.006;

(D) accelerated instruction under Section 28.0211;

(E) high school graduation requirements under Section 28.025;

(F) special education programs under Subchapter A, Chapter 29;

(G) bilingual education under Subchapter B, Chapter 29;

(H) prekindergarten programs under Subchapter E or E-1, Chapter 29;

(I) extracurricular activities under Section 33.081;

(J) discipline management practices or behavior management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) public school accountability under Subchapters B, C, D, E, F, G, and J, Chapter 39;

(M) the requirement under Section 21.006 to report misconduct by an educator or a person in a certified role [educator's misconduct];

(N) intensive programs of instruction under Section 28.0213; and

(O) the right of a school employee to report a crime, as provided by Section 37.148.

SECTION 2.04. Section 12.1059, Education Code, is amended to read as follows:

Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN EMPLOYEES. A person may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor or in any other position with direct, unsupervised contact with students for an open-enrollment charter school unless the person has been approved by the agency following a review of:

(1) the person's national criminal history record information as provided by Section 22.0832; and

(2) the registry created under Section 22.088.

SECTION 2.05. Chapter 12A, Education Code, is amended by adding Section 12A.0041 to read as follows:

Sec. 12A.0041. ADDITIONAL REQUIREMENTS. A district of innovation that is exempt from the certification requirements of Subchapter B, Chapter 21, is subject, to the extent of the exemption, to the following sections as if the district of innovation were an open-enrollment charter school:

(1) Section 12.1059;

(2) Section 21.006;

(3) Section 22.085; and

(4) Section 22.088.

SECTION 2.06. Section 12A.008, Education Code, is amended by adding Subsection (e) to read as follows:

(e) The commissioner shall terminate a school district's designation as a district of innovation if the district hires a person, or fails to discharge a person, in violation of Section 22.088(b).

SECTION 2.07. Section 21.006, Education Code, is amended to read as follows:

Sec. 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In this section:

(1) "Abuse"[, "abuse"] has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving an educator and a student or minor.

(2) "Person in a certified role" means a person who is not required to hold a certificate or permit issued under Subchapter B but is employed by or serves as a teacher, librarian, educational aide, administrator, or school counselor or in any other position with direct, unsupervised contact with students for an open-enrollment charter school or school district.

(b) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of, or a principal in, a school district, open-enrollment charter school, regional education service center, or shared services arrangement shall notify the State Board for Educator Certification if:

(1) an educator employed by or seeking employment by the district, school, service center, or shared services arrangement has a criminal record and the district, school, service center, or shared services arrangement obtained information about the educator's criminal record by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code;

(2) an educator's employment at the district, school, service center, or shared services arrangement was terminated, including by resignation of the educator, and at the time of the termination or resignation the superintendent, director, or principal knew or had probable cause to believe [based on evidence] that the educator:

(A) abused or otherwise committed an unlawful act with a student or minor;

(A-1) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor;

(B) possessed, transferred, sold, or distributed a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;

(C) illegally transferred, appropriated, or expended funds or other property of the district, school, service center, or shared services arrangement;

(D) attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or

(E) committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event;

(3) the educator resigned and there is evidence that the educator engaged in misconduct described by Subdivision (2); or

(4) the educator engaged in conduct that violated the assessment instrument security procedures established under Section 39.0301.

(b-1) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent, director, or principal of an open-enrollment charter school shall notify the commissioner if:

(1) the school obtains information that a person in a certified role at the school has a criminal record that includes allegations that the person engaged in misconduct described by Subsection (b)(2)(A) or (A-1); or

(2) the employment or service of a person in a certified role at the school is terminated, including by resignation of the person, and there is evidence that the person engaged in misconduct described by Subsection (b)(2)(A) or (A-1).

(b-2) A superintendent or director of a school district or open-enrollment charter school shall complete an investigation of an educator or a person in a certified role that is based on evidence that the educator or person may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the [educator's] resignation of the educator or person from district or school employment before completion of the investigation.

(c) The superintendent, [or] director, or principal must notify the State Board for Educator Certification or the commissioner, as applicable, by filing a report required under Subsection (b) or (b-1) [a report with the board] not later than the seventh day after the date the superintendent, [or] director, or principal knew about an educator's or a person in a certified role's [employee's] criminal record under Subsection (b)(1) or (b-1)(1) or a termination of employment or resignation following an alleged incident of misconduct described by Subsection (b) or (b-1). The report must be:

(1) in writing; and

(2) in a form prescribed by the board.

(c-1) The State Board for Educator Certification and the commissioner shall establish and maintain a secure online portal that allows superintendents, directors, and principals to electronically file a report required under this section.

(c-2) A requirement to report under this section, as applied to a principal in a school district, is limited to reportable incidents or events occurring at, or directly related to, the school at which the principal serves.

(c-3) A requirement to report under this section is satisfied by the timely filing of a single report by, as relevant under the circumstances, a superintendent, director, or principal.

(d) The superintendent, [or] director, or principal shall notify the board of trustees or governing body of the school district, open-enrollment charter school, regional education service center, or shared services arrangement and the educator or the person in a certified role of the filing of a [the] report required under this section [by Subsection (c)].

(e) A superintendent, [or] director, or principal who in good faith and while acting in an official capacity files a report with the State Board for Educator Certification or the commissioner under this section is immune from civil or criminal liability that might otherwise be incurred or imposed.

(f) The State Board for Educator Certification shall determine whether to impose sanctions against a superintendent, [or] director, or principal who fails to file a report in violation of this section [Subsection (c)].

(g) The State Board for Educator Certification shall propose rules as necessary to implement this section.

(h) A report under this section is confidential and not subject to disclosure under the public access provisions of Chapter 552, Government Code. The name of a student or minor who is the victim of abuse or unlawful conduct by an educator or a person in a certified role must be included in a report filed under this section[, but the name of the student or minor is not public information under Chapter 552, Government Code].

SECTION 2.08. Subchapter A, Chapter 21, Education Code, is amended by adding Section 21.0061 to read as follows:

Sec. 21.0061. COMPLIANCE REVIEW. The commissioner may authorize the agency to conduct a review of school districts and open-enrollment charter schools to verify compliance with Section 21.006.

SECTION 2.09. Section 21.044(g), Education Code, is amended to read as follows:

(g) Each educator preparation program must provide information regarding:

(1) the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for students in this state;

(2) the effect of supply and demand forces on the educator workforce in this state;

(3) the performance over time of the educator preparation program;

(4) the importance of building strong classroom management skills; [and]

(5) the framework in this state for teacher and principal evaluation, including the procedures followed in accordance with Subchapter H; and

(6) appropriate educator-student relationships, boundaries, and communications.

SECTION 2.10. Sections 21.054(d) and (e), Education Code, are amended to read as follows:

(d) Continuing education requirements for a classroom teacher must provide that not more than 25 percent of the training required every five years include instruction regarding:

(1) collecting and analyzing information that will improve effectiveness in the classroom;

(2) recognizing early warning indicators that a student may be at risk of dropping out of school;

(3) integrating technology into classroom instruction; [and]

(4) educating diverse student populations, including:

(A) students with disabilities, including mental health disorders;

(B) students who are educationally disadvantaged;

(C) students of limited English proficiency; and

(D) students at risk of dropping out of school; and

(5) appropriate educator-student relationships, boundaries, and communications.

(e) Continuing education requirements for a principal must provide that not more than 25 percent of the training required every five years include instruction regarding:

(1) effective and efficient management, including:

(A) collecting and analyzing information;

(B) making decisions and managing time; and

(C) supervising student discipline and managing behavior;

(2) recognizing early warning indicators that a student may be at risk of dropping out of school;

(3) integrating technology into campus curriculum and instruction; [and]

(4) educating diverse student populations, including:

(A) students with disabilities, including mental health disorders;

(B) students who are educationally disadvantaged;

(C) students of limited English proficiency; and

(D) students at risk of dropping out of school; and

(5) recognizing, preventing, and reporting inappropriate educator-student relationships.

SECTION 2.11. Sections 21.058(a), (b), (c), (c-1), and (c-2), Education Code, are amended to read as follows:

(a) The procedures described by Subsections (b) and (c) apply only to a person who is:

(1) registered as a sex offender under Chapter 62, Code of Criminal Procedure; or

(2) convicted [to conviction] of a felony offense under Title 5, Penal Code, committed against a [or an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and

[(2) if the] victim younger than [of the offense is under] 18 years of age.

(b) Notwithstanding Section 21.041(b)(7), not later than the fifth day after the date the board receives notice under Article 42.018, Code of Criminal Procedure, of the conviction or adjudication of a person who holds a certificate under this subchapter, the board shall:

(1) revoke the certificate held by the person; and

(2) provide to the person and to any school district or open-enrollment charter school employing the person at the time of revocation written notice of:

(A) the revocation; and

(B) the basis for the revocation.

(c) A school district or open-enrollment charter school that receives notice under Subsection (b) of the revocation of a certificate issued under this subchapter shall:

(1) immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and

(2) if the person is employed under a probationary, continuing, or term contract under this chapter, with the approval of the board of trustees or governing body or a designee of the board of trustees or governing body:

(A) suspend the person without pay;

(B) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and

(C) terminate the employment of the person as soon as practicable.

(c-1) If a school district or open-enrollment charter school becomes aware that a person employed by the district or school under a probationary, continuing, or term contract under this chapter has been convicted of or received deferred adjudication for a felony offense, and the person is not subject to Subsection (c), the district or school may, with the approval of the board of trustees or governing body or a designee of the board of trustees or governing body:

(1) suspend the person without pay;

(2) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and

(3) terminate the employment of the person as soon as practicable.

(c-2) A person's probationary, continuing, or term contract is void if, with the approval of the board of trustees or governing body or a designee of the board of trustees or governing body, the school district or open-enrollment charter school takes action under Subsection (c)(2)(B) or (c-1)(2).

SECTION 2.12. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0585 to read as follows:

Sec. 21.0585. TEMPORARY SUSPENSION. (a) The certificate of an educator shall be temporarily suspended on a determination by a majority of the board or of a three-member committee of board members designated by the board that, from the evidence or information presented, continued work as an educator by the certificate holder would constitute a continuing or imminent threat to the safety and welfare of students, educators, or school personnel.

(b) An educator's certificate may be temporarily suspended under Subsection (a) without notice or hearing if:

(1) the board immediately provides notice of the suspension to the educator; and

(2) proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the suspension under this chapter and Chapter 2001, Government Code.

(c) A preliminary hearing must be set for a date not later than the 17th day after the date of the temporary suspension. The preliminary hearing shall be conducted as a de novo hearing and shall determine whether probable cause exists that continued work as an educator by the certificate holder would constitute a continuing or imminent threat to the safety and welfare of students, educators, or school personnel.

(d) If the State Office of Administrative Hearings does not hold the preliminary hearing within the time required under Subsection (c) or if the preliminary hearing results in a finding that probable cause for the suspension does not exist, the board shall reinstate the educator's certificate and order the school district to:

(1) reinstate the educator;

(2) pay the educator any back pay and employment benefits lost due to the temporary suspension from the time of the suspension to reinstatement; and

(3) remove any record of the educator's suspension from the school district's records.

(e) If a preliminary hearing results in a finding that probable cause for the suspension exists, the State Office of Administrative Hearings shall hold a final hearing on the matter not later than the 61st day after the date of the temporary suspension to determine whether the educator's certification should be revoked.

(f) If the State Office of Administrative Hearings does not hold the final hearing within the time required under Subsection (e) or if the final hearing results in a finding that continued work as an educator by the certificate holder would not constitute a continuing or imminent threat to the safety and welfare of students, educators, or school personnel, the board shall reinstate the educator's certificate and order the school district to:

(1) reinstate the educator;

(2) pay the educator any back pay and employment benefits lost due to the temporary suspension from the time of the suspension to reinstatement; and

(3) remove any record of the educator's suspension from the school district's records.

SECTION 2.13. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0605 to read as follows:

Sec. 21.0605. ACTION AGAINST PERSONS WHO ASSIST PERSONS KNOWN TO ENGAGE IN SEXUAL MISCONDUCT. The board may suspend or revoke a certificate or permit held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person:

(1) assists a school employee, contractor, or agent in obtaining a new job at a school district or an open-enrollment charter school, apart from the routine transmission of administrative and personnel files; and

(2) knew or should have known that the school employee, contractor, or agent engaged in sexual misconduct involving a minor or student in violation of the law.

SECTION 2.14. Sections 21.062(a) and (d), Education Code, are amended to read as follows:

(a) During an investigation by the commissioner of an educator for an alleged incident of misconduct, the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.

(d) Except as provided by this subsection, all [All] information and materials subpoenaed or compiled in connection with an investigation described by Subsection (a) are confidential and not subject to public disclosure under Chapter 552, Government Code. Upon request by the educator under investigation, such information and materials shall be made available to the educator after the completion of the investigation.

SECTION 2.15. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.063 to read as follows:

Sec. 21.063. INVESTIGATION RECORDS. (a) An investigation record of the board, including a record relating to a complaint that is found to be groundless, is confidential and not subject to disclosure under the public access provisions of Chapter 552, Government Code.

(b) Except as provided by a protective order, and notwithstanding Subsection (a), all investigation records of the board may be used in disciplinary proceedings against an educator based on an alleged incident of misconduct.

SECTION 2.16. Section 21.355, Education Code, is amended by amending Subsection (a) and adding Subsections (d) and (e) to read as follows:

(a) A document evaluating the performance of a teacher or administrator is confidential and not subject to disclosure under the public access provisions of Chapter 552, Government Code.

(d) A school district or open-enrollment charter school may provide to the agency a document evaluating the performance of a teacher or administrator employed by the district or school. A document may be provided to the agency under this subsection only for the purpose of aiding an investigation by the agency.

(e) Except as provided by a protective order, and notwithstanding Subsection (a), documents provided to the agency under Subsection (d) may be used in a disciplinary proceeding against an educator based on an alleged incident of misconduct.

SECTION 2.17. Section 22.085, Education Code, is amended by amending Subsection (a) and adding Subsection (b-1) to read as follows:

(a) A school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire an employee or applicant for employment if the district, school, or shared services arrangement obtains information through a criminal history record information review that[:

[(1)] the employee or applicant has been convicted of:

(1) [(A)] a felony offense under Title 5, Penal Code, and at the time the offense occurred the victim of the offense was under 18 years of age or was enrolled in a public school;

(2) [(B)] an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or

(3) [(C)] an offense under the laws of another state or federal law that is equivalent to an offense under Subdivision (1) or (2) [Paragraph (A) or (B); and

[(2) at the time the offense occurred, the victim of the offense described by Subdivision (1) was under 18 years of age or was enrolled in a public school].

(b-1) A school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire any person whose employment would place the district, school, or shared services arrangement in violation of Section 22.088(b). The employment prohibition under this subsection includes a person hired as an independent contractor.

SECTION 2.18. Subchapter C, Chapter 22, Education Code, is amended by adding Section 22.088 to read as follows:

Sec. 22.088. REGISTRY OF PERSONS BARRED FROM EMPLOYMENT. (a) The agency shall create and maintain a registry of persons:

(1) barred from employment under Section 22.0832(a) or Section 22.085;

(2) who previously held a certificate or permit issued under Subchapter B, Chapter 21, that was revoked by the State Board for Educator Certification on a finding that the person:

(A) abused or otherwise committed an unlawful act with a student or minor; or

(B) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor; or

(3) who, in a final decision of the commissioner following a contested case hearing, were found to have:

(A) abused or otherwise committed an unlawful act with a student or minor; or

(B) been involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.

(b) A person listed on the registry may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor or in any other position with direct, unsupervised contact with students for a school district, open-enrollment charter school, or shared services arrangement. The employment prohibition under this subsection includes a person hired as an independent contractor.

(c) A hearing under Subsection (a)(3) shall be conducted by the State Office of Administrative Hearings in the manner provided for a contested case under Chapter 2001, Government Code.

(d) The commissioner may adopt rules as necessary to implement this section.

SECTION 2.19. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.00415 and 38.00416 to read as follows:

Sec. 38.00415. ASSISTING EMPLOYEES INVOLVED IN SEXUAL MISCONDUCT; OFFENSE. (a) Except as provided by Subsection (e), a person who is a school district or open-enrollment charter school employee, contractor, or agent may not assist a current or former school employee, contractor, or agent in obtaining a new job at another school district or open-enrollment charter school if the person knows or should know that the current or former employee, contractor, or agent engaged in sexual misconduct involving a minor or student in violation of the law.

(b) In this section, "assist" includes providing a positive or favorable professional reference or recommending employment at another school district or open-enrollment charter school. The term does not include the routine transmission of administrative and personnel files.

(c) A person who violates this section commits an offense. An offense under this section is a Class C misdemeanor.

(d) Each school district and open-enrollment charter school shall adopt and publish a policy advising the district's or school's employees, contractors, and agents of their obligations under this section.

(e) Subsection (a) does not apply to assistance given to a current or former employee, contractor, or agent if the information giving rise to the person's knowledge under Subsection (a) was properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and to any other authorities as required by federal, state, or local law, including Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.) and 34 C.F.R. Part 106, and:

(1) the matter was officially closed or the prosecutor or law enforcement agency with jurisdiction over the alleged misconduct investigated the allegations and notified the school district or open-enrollment charter school that there is insufficient information to establish probable cause that the current or former employee, contractor, or agent engaged in sexual misconduct involving a minor or student in violation of the law;

(2) the current or former employee, contractor, or agent was charged with and acquitted or otherwise exonerated of the alleged misconduct; or

(3) if the case or investigation remains open, there were no charges filed against or indictment of the current or former employee, contractor, or agent by the fourth anniversary of the date on which the information was initially reported to a law enforcement agency.

Sec. 38.00416. POLICIES ADDRESSING ONE-ON-ONE ELECTRONIC COMMUNICATIONS BETWEEN EMPLOYEES AND STUDENTS. (a) In this section, "electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular telephone, computer, computer network, personal data assistant, or pager. The term includes e-mails, text messages, instant messages, and communications made by means of an Internet website, including social media and social networking websites.

(b) Each school district shall adopt a written policy designed to prevent improper one-on-one electronic communication between school employees and students enrolled in the district. The policy shall include, at a minimum, provisions designed to prevent improper one-on-one electronic communications via e-mail, cellular telephone, or Internet website, including a social media or social networking website. The policy must provide that a school employee may refuse to engage in one-on-one electronic communication with a student and may decline to provide students or parents with the school employee's personal cellular telephone number, personal e-mail address, or personal social media information.

SECTION 2.20. Sections 39.0302(a) and (d), Education Code, are amended to read as follows:

(a) During an agency investigation or audit of a school district under Section 39.0301(e) or (f), an accreditation investigation under Section 39.057(a)(8) or (14), a compliance review under Section 21.0061, or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.

(d) All information and materials subpoenaed or compiled in connection with an investigation, [or] audit, or review described by Subsection (a):

(1) are confidential and not subject to public disclosure under Chapter 552, Government Code; and

(2) are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person other than:

(A) the commissioner or the State Board for Educator Certification, as applicable;

(B) agency employees or agents involved in the investigation, as applicable; and

(C) the office of the attorney general, the state auditor's office, and law enforcement agencies.

SECTION 2.21. Section 39.056(b), Education Code, is amended to read as follows:

(b) The commissioner shall determine the frequency of monitoring reviews by the agency according to:

(1) annual comprehensive analyses of student performance and equity in relation to the achievement indicators adopted under Section 39.053;

(2) reviews of fiscal reports and other fiscal data as set forth in Section 44.010; [or]

(3) comprehensive analyses of financial accountability standards under Subchapter D; or

(4) the commissioner's determination that a monitoring review is necessary to ensure compliance with reporting requirements under Section 21.006.

SECTION 2.22. Section 39.057(a), Education Code, is amended to read as follows:

(a) The commissioner may authorize special accreditation investigations to be conducted:

(1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2) when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

(5) when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;

(7) when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301, including for the purpose of investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241(a) on assessment instruments administered under Section 39.023(a), (c), or (l);

(10) when excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other advanced course as determined by the commissioner;

(11) when resource allocation practices as evaluated under Section 39.0821 indicate a potential for significant improvement in resource allocation;

(12) when a disproportionate number of students of a particular demographic group is graduating with a particular endorsement under Section 28.025(c-1);

(13) when an excessive number of students is graduating with a particular endorsement under Section 28.025(c-1);

(14) in response to a complaint submitted to the agency with respect to alleged inaccurate data that is reported through the Public Education Information Management System (PEIMS) or through other reports required by state or federal law or rule or court order and that is used by the agency to make a determination relating to public school accountability, including accreditation, under this chapter; [or]

(15) when a school district fails to produce existing evidence or an investigation report in its possession by not later than the 10th business day after the date a request is made by the agency relating to an educator who is under investigation by the State Board for Educator Certification; or

(16) as the commissioner otherwise determines necessary.

SECTION 2.23. Article 42.018(a), Code of Criminal Procedure, is amended to read as follows:

(a) This article applies only:

(1) to conviction or deferred adjudication granted on the basis of[:

[(A)] an offense under Title 5, Penal Code,[; or

[(B) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62; and

[(2)] if the victim of the offense is under 18 years of age; or

(2) to an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62.

SECTION 2.24. Section 261.101(b), Family Code, is amended to read as follows:

(b) If a professional has cause to believe that a child has been abused or neglected or may be abused or neglected, or that a child is a victim of an offense under Section 21.11, Penal Code, and the professional has cause to believe that the child has been abused as defined by Section 261.001 or 261.401, the professional shall make a report not later than the 48th hour after the hour the professional first suspects that the child has been or may be abused or neglected or is a victim of an offense under Section 21.11, Penal Code. A professional may not delegate to or rely on another person to make the report. In this subsection, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, principals, charter school directors, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.

SECTION 2.25. Section 261.103, Family Code, is amended by adding Subsection (d) to read as follows:

(d) The child protective services division of the department shall develop a system that allows an education professional to report anonymously to the division under Subsection (a)(2) or Subsection (c) using a unique number or other identifier provided by the division. The unique number or identifier must allow the education professional to document the making of the report and to verify that the department has responded to the report. In this subsection, "education professional" means:

(1) a person who is required to hold a certificate or permit issued under Subchapter B, Chapter 21, Education Code; or

(2) a person who is not required to hold a certificate or permit issued under Subchapter B, Chapter 21, Education Code, but is employed by or serves as a teacher, librarian, educational aide, administrator, or school counselor or in any other position with direct, unsupervised contact with students for an open-enrollment charter school or school district.

SECTION 2.26. Section 21.12, Penal Code, is amended by amending Subsections (a) and (d) and adding Subsection (a-1) to read as follows:

(a) An employee of a public or private primary or secondary school commits an offense if the employee:

(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;

(2) holds a certificate or permit issued as provided by Subchapter B, Chapter 21, Education Code, or is a person who is required to be licensed by a state agency as provided by Section 21.003(b), Education Code, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:

(A) enrolled in a public primary or secondary school in a [the same] school district in this state [as the school at which the employee works]; or

(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if:

(i) students enrolled in a public or private primary or secondary school are the primary participants in the activity; and

(ii) the employee provides education services to those participants; or

(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.

(a-1) Subsection (a) applies to a person who is employed by or serves as a teacher, librarian, educational aide, administrator, peace officer, or school counselor for a charter school under Chapter 12, Education Code, or a district of innovation under Chapter 12A, Education Code, as though the person was an employee of a public or private primary or secondary school.

(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator or other person as provided by Subsection (a) or (a-1) may not be released to the public and is not public information under Chapter 552, Government Code.

ARTICLE 3. PENSION REVOCATION

SECTION 3.01. Article 42.01, Code of Criminal Procedure, is amended by adding Section 12 to read as follows:

Sec. 12. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered under Article 42.0192.

SECTION 3.02. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0192 to read as follows:

Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense described by Section 814.013 or 824.009, Government Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the offense committed was related to the defendant's employment described by Section 814.013(a) or 824.009(a), Government Code, while a member of the Employees Retirement System of Texas or the Teacher Retirement System of Texas.

(b) A judge that makes the affirmative finding described by this article shall make the determination and enter the order required by Section 814.013(k) or 824.009(k), Government Code, as applicable.

SECTION 3.03. Subchapter A, Chapter 814, Government Code, is amended by adding Section 814.013 to read as follows:

Sec. 814.013. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. (a) This section applies only to a person who is a member or an annuitant of the retirement system and is or was an employee of the Texas Juvenile Justice Department in one of that department's institutional schools who, as defined by rule of the board of trustees, has or had regular, direct contact with students.

(b) To the extent ordered by a court under Subsection (k), a person is not eligible to receive a full service retirement annuity from the retirement system if the person is finally convicted of an offense the victim of which is a student who is a minor and the offense:

(1) arises from the person's employment described by Subsection (a) while a member of the retirement system; and

(2) is punishable as a felony under the following sections of the Penal Code:

(A) Section 15.01 (criminal attempt), Section 15.02 (criminal conspiracy), Section 15.03 (criminal solicitation), or Section 15.031 (criminal solicitation of a minor);

(B) Section 19.02 (murder), Section 19.03 (capital murder), Section 19.04 (manslaughter), or Section 19.05 (criminally negligent homicide);

(C) Section 20.02 (unlawful restraint);

(D) Section 20.03 (kidnapping) or Section 20.04 (aggravated kidnapping);

(E) Section 20.05 (smuggling of persons);

(F) Section 20A.02 (trafficking of persons);

(G) Section 21.02 (continuous sexual abuse of young child or children);

(H) Section 21.11 (indecency with a child);

(I) Section 21.12 (improper relationship between educator and student);

(J) Section 22.01 (assault);

(K) Section 22.011 (sexual assault) or Section 22.021 (aggravated sexual assault);

(L) Section 22.04 (injury to a child, elderly individual, or disabled individual);

(M) Section 22.041 (abandoning or endangering child);

(N) Section 33.021 (online solicitation of a minor);

(O) Section 43.05 (compelling prostitution);

(P) Section 43.25 (sexual performance by a child); or

(Q) Section 43.251 (employment harmful to children).

(c) To the extent ordered by a court under Subsection (k), the retirement system shall suspend making full annuity payments to a person who is not eligible to receive a full service retirement annuity under Subsection (b) on receipt by the retirement system of notice and the terms of the person's conviction.

(d) The retirement system shall resume making full annuity payments if the person made ineligible for a full annuity under Subsection (b):

(1) is subsequently found to be not guilty of the offense; or

(2) meets the requirements for innocence under Section 103.001(a)(2), Civil Practice and Remedies Code.

(e) The retirement system as applicable shall:

(1) for a person whose full annuity payments are resumed under Subsection (d), reimburse the person for any portion of the annuity payments withheld during a period of suspension; or

(2) restore the full eligibility of a person convicted of an offense described by Subsection (b) to receive a service retirement annuity, including the restoration of all service credits accrued by the person before the conviction, if the person satisfies the condition under Subsection (d)(1) or (2).

(f) Except as provided by Subsection (g), a person convicted of an offense described by Subsection (b) whose eligibility for a service retirement annuity is not fully restored under Subsection (e)(2) is eligible to accrue service credit toward a service retirement annuity from the retirement system if the person:

(1) was placed on community supervision for the offense for which the person was convicted and:

(A) successfully completed the period of community supervision; and

(B) received a discharge and dismissal under Article 42A.701, Code of Criminal Procedure; or

(2) was sentenced to serve a term of confinement in a penal institution for the offense for which the person was convicted and completely discharged the person's sentence, including any term of confinement and any period of parole or other form of conditional release.

(g) In determining a person's eligibility for retirement benefits under Subsection (f), the retirement system may include only those service credits that were:

(1) accrued by the person before the person's conviction for an offense described by Subsection (b) and remaining after conviction of the offense; or

(2) earned after fulfilling the requirements under Subsection (f).

(h) Except as provided by Subsection (i), a person who is not eligible to receive a full service retirement annuity under Subsection (b) is entitled to request and receive a refund of the person's retirement annuity contributions, not including any interest earned on those contributions. A person who accepts a refund under this subsection terminates the person's membership in the retirement system.

(i) Benefits payable to an alternate payee under Chapter 804, including a spouse or dependent child, are not affected by a person's ineligibility to receive a full service retirement annuity under Subsection (b).

(j) The board of trustees may adopt rules and procedures to implement this section.

(k) A court shall:

(1) determine and order as applicable for a person convicted of an offense described by Subsection (b) the amount by which the person's:

(A) service retirement annuity payments are to be reduced; or

(B) accrued service credits are to be reduced; and

(2) notify the retirement system of the terms of a conviction ordered under Subdivision (1).

SECTION 3.04. Subchapter A, Chapter 824, Government Code, is amended by adding Section 824.009 to read as follows:

Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. (a) This section applies only to a person who is a member or an annuitant of the retirement system and is or was an employee who, as defined by rule of the board of trustees, has or had regular, direct contact with students.

(b) To the extent ordered by a court under Subsection (k), a person is not eligible to receive a full service retirement annuity from the retirement system if the person is finally convicted of an offense the victim of which is a student who is a minor and the offense:

(1) arises from the person's employment described by Subsection (a) while a member of the retirement system; and

(2) is punishable as a felony under the following sections of the Penal Code:

(A) Section 15.01 (criminal attempt), Section 15.02 (criminal conspiracy), Section 15.03 (criminal solicitation), or Section 15.031 (criminal solicitation of a minor);

(B) Section 19.02 (murder), Section 19.03 (capital murder), Section 19.04 (manslaughter), or Section 19.05 (criminally negligent homicide);

(C) Section 20.02 (unlawful restraint);

(D) Section 20.03 (kidnapping) or Section 20.04 (aggravated kidnapping);

(E) Section 20.05 (smuggling of persons);

(F) Section 20A.02 (trafficking of persons);

(G) Section 21.02 (continuous sexual abuse of young child or children);

(H) Section 21.11 (indecency with a child);

(I) Section 21.12 (improper relationship between educator and student);

(J) Section 22.01 (assault);

(K) Section 22.011 (sexual assault) or Section 22.021 (aggravated sexual assault);

(L) Section 22.04 (injury to a child, elderly individual, or disabled individual);

(M) Section 22.041 (abandoning or endangering child);

(N) Section 33.021 (online solicitation of a minor);

(O) Section 43.05 (compelling prostitution);

(P) Section 43.25 (sexual performance by a child); or

(Q) Section 43.251 (employment harmful to children).

(c) To the extent ordered by a court under Subsection (k), the retirement system shall suspend making full annuity payments to a person who is not eligible to receive a full service retirement annuity under Subsection (b) on receipt by the retirement system of notice and the terms of the person's conviction.

(d) The retirement system shall resume making full annuity payments if the person made ineligible for a full annuity under Subsection (b):

(1) is subsequently found to be not guilty of the offense; or

(2) meets the requirements for innocence under Section 103.001(a)(2), Civil Practice and Remedies Code.

(e) The retirement system as applicable shall:

(1) for a person whose full annuity payments are resumed under Subsection (d), reimburse the person for any portion of the annuity payments withheld during a period of suspension; or

(2) restore the full eligibility of a person convicted of an offense described by Subsection (b) to receive a service retirement annuity, including the restoration of all service credits accrued by the person before the conviction, if the person satisfies the condition under Subsection (d)(1) or (2).

(f) Except as provided by Subsection (g), a person convicted of an offense described by Subsection (b) whose eligibility for a service retirement annuity is not fully restored under Subsection (e)(2) is eligible to accrue service credit toward a service retirement annuity from the retirement system if the person:

(1) was placed on community supervision for the offense for which the person was convicted and:

(A) successfully completed the period of community supervision; and

(B) received a discharge and dismissal under Article 42A.701, Code of Criminal Procedure; or

(2) was sentenced to serve a term of confinement in a penal institution for the offense for which the person was convicted and completely discharged the person's sentence, including any term of confinement and any period of parole or other form of conditional release.

(g) In determining a person's eligibility for retirement benefits under Subsection (f), the retirement system may include only those service credits that were:

(1) accrued by the person before the person's conviction for an offense described by Subsection (b) and remaining after conviction of the offense; or

(2) earned after fulfilling the requirements under Subsection (f).

(h) Except as provided by Subsection (i), a person who is not eligible to receive a full service retirement annuity under Subsection (b) is entitled to request and receive a refund of the person's retirement annuity contributions, not including any interest earned on those contributions. A person who accepts a refund under this subsection terminates the person's membership in the retirement system.

(i) Benefits payable to an alternate payee under Chapter 804, including a spouse or dependent child, are not affected by a person's ineligibility to receive a full service retirement annuity under Subsection (b).

(j) The board of trustees may adopt rules and procedures to implement this section.

(k) A court shall:

(1) determine and order as applicable for a person convicted of an offense described by Subsection (b) the amount by which the person's:

(A) service retirement annuity payments are to be reduced; or

(B) accrued service credits are to be reduced; and

(2) notify the retirement system of the terms of a conviction ordered under Subdivision (1).

ARTICLE 4. IMPLEMENTATION; EFFECTIVE DATES

SECTION 4.01. As soon as practicable, but not later than September 1, 2017:

(1) the Texas Education Agency shall establish the registry required under Section 22.088, Education Code, as added by this Act; and

(2) each school district and open-enrollment charter school shall adopt and implement the policy required under Section 38.00415(d), Education Code, as added by this Act.

SECTION 4.02. Section 38.00415(c), Education Code, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4.03. Not later than January 1, 2018, the child protective services division of the Department of Family and Protective Services shall develop and implement the system required by Section 261.103(d), Family Code, as added by this Act.

SECTION 4.04. The change in law made by this Act to Section 21.12(a), Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4.05. Section 21.12(a-1), Penal Code, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4.06. The changes in law made by Sections 2.05, 2.07, 2.09, and 2.16 of this Act apply beginning with the 2017-2018 school year.

SECTION 4.07. Section 12, Article 42.01, Code of Criminal Procedure, and Article 42.0192, Code of Criminal Procedure, as added by this Act, apply only to a judgment of conviction entered on or after the effective date of this Act.

SECTION 4.08. Sections 814.013 and 824.009, Government Code, as added by this Act, apply only to an offense committed on or after the effective date of rules adopted in accordance with Section 4.09 of this article. An offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of rules adopted in accordance with Section 4.09 of this article if any element of the offense occurred before that date.

SECTION 4.09. (a) Not later than December 31, 2017, for the purposes of Section 814.013(a), Government Code, as added by this Act, the board of trustees of the Employees Retirement System of Texas by rule shall define which employee positions at the institutional schools of the Texas Juvenile Justice Department include regular, direct contact with students.

(b) Not later than December 31, 2017, for the purposes of Section 824.009(a), Government Code, as added by this Act, the board of trustees of the Teacher Retirement System of Texas by rule shall define which employee positions include regular, direct contact with students.

SECTION 4.10. (a) Except as provided by Subsection (b) of this section, 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, 2017.

(b) Section 12.1059, Education Code, as amended by this Act, takes effect January 1, 2018.