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A BILL TO BE ENTITLED
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AN ACT
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relating to misconduct by public school employees and to persons |
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who must be listed in the registry of persons not eligible for |
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employment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.006(a), Education Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Neglect" has the meaning assigned by Section |
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261.001, Family Code. |
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SECTION 2. Section 21.006(b), Education Code, is amended to |
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read as follows: |
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(b) In addition to the reporting requirement under Section |
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261.101, Family Code, and except as provided by Subsection (c-2), |
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the superintendent or director of a school district, district of |
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innovation, open-enrollment charter school, other charter entity, |
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regional education service center, or shared services arrangement |
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shall notify the State Board for Educator Certification if: |
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(1) an educator employed by or seeking employment by |
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the school district, district of innovation, charter school, other |
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charter entity, service center, or shared services arrangement has |
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a criminal record and the school district, district of innovation, |
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charter school, other charter entity, service center, or shared |
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services arrangement obtained information about the educator's |
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criminal record by a means other than the criminal history |
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clearinghouse established under Section 411.0845, Government Code; |
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(2) an educator's employment at the school district, |
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district of innovation, charter school, other charter entity, |
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service center, or shared services arrangement was terminated and |
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there is evidence that the educator: |
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(A) abused, neglected, or otherwise committed an |
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unlawful act with a student or minor; |
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(A-1) was involved in a romantic relationship |
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with or solicited or engaged in sexual contact with a student or |
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minor; |
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(B) possessed, transferred, sold, or |
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distributed: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(C) while on or within 300 feet of school |
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property, as measured from any point on the school's real property |
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boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property, engaged in an |
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offense relating to an abusable volatile chemical under Section |
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485.031, 485.032, or 485.033, Health and Safety Code; |
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(D) sold, gave, or delivered to a student or |
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minor an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code; |
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(E) illegally transferred, appropriated, or |
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expended funds or other property of the school district, district |
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of innovation, charter school, other charter entity, service |
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center, or shared services arrangement; |
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(F) [(D)] attempted by fraudulent or |
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unauthorized means to obtain or alter a professional certificate or |
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license for the purpose of promotion or additional compensation; |
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[or] |
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(G) [(E)] committed a criminal offense or any |
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part of a criminal offense on school property or at a |
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school-sponsored event; or |
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(H) committed a criminal offense: |
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(i) punishable as a felony; |
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(ii) under Chapter 21, Penal Code; |
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(iii) under Section 22.05, Penal Code; or |
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(iv) under Section 37.10, Penal Code; |
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(3) the educator resigned and there is evidence that |
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the educator engaged in misconduct described by Subdivision (2); or |
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(4) the educator engaged in conduct that violated the |
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assessment instrument security procedures established under |
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Section 39.0301 or committed a criminal offense under Section |
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39.0303. |
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SECTION 3. Section 21.007(b), Education Code, is amended to |
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read as follows: |
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(b) The board shall adopt a procedure for placing a notice |
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of alleged misconduct on an educator's public certification |
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records. The procedure adopted by the board must provide for |
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immediate placement of a notice of alleged misconduct on an |
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educator's public certification records if the alleged misconduct |
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presents a risk to the health, safety, or welfare of a student or |
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minor, as described by Section 21.006(b)(2)(A), (A-1), (B), (C), |
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(D), (F), (G), or (H) or as determined by the board. |
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SECTION 4. Section 22.092(c), Education Code, is amended to |
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read as follows: |
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(c) The registry maintained under this section must list the |
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following persons as not eligible to be employed by public schools: |
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(1) a person determined by the agency under Section |
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22.0832 as a person who would not be eligible for educator |
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certification under Subchapter B, Chapter 21; |
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(2) a person determined by the agency to be not |
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eligible for employment based on the person's criminal history |
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record information review, as provided by Section 22.0833; |
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(3) a person who is not eligible for employment based |
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on criminal history record information received by the agency under |
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Section 21.058(b); |
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(4) a person whose certification or permit issued |
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under Subchapter B, Chapter 21, is revoked by the State Board for |
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Educator Certification on a finding that the person engaged in |
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misconduct described by Section 21.006(b)(2)(A) or (A-1); and |
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(5) a person who is determined by the commissioner |
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under Section 22.094 to have engaged in misconduct described by |
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Section 22.093(c)(1) [22.093(c)(1)(A) or (B)]. |
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SECTION 5. Sections 22.093(a), (c), (e), and (f), Education |
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Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Abuse" [, "abuse"] has the meaning assigned by |
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Section 261.001, Family Code, and includes any sexual conduct |
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involving a student or minor. |
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(2) "Neglect" has the meaning assigned by Section |
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261.001, Family Code. |
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(c) In addition to the reporting requirement under Section |
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261.101, Family Code, the superintendent or director of a school |
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district, district of innovation, open-enrollment charter school, |
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other charter entity, regional education service center, or shared |
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services arrangement shall notify the commissioner if: |
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(1) an employee's employment at the school district, |
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district of innovation, charter school, other charter entity, |
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service center, or shared services arrangement was terminated and |
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there is evidence that the employee: |
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(A) abused, neglected, or otherwise committed an |
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unlawful act with a student or minor; [or] |
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(B) was involved in a romantic relationship with |
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or solicited or engaged in sexual contact with a student or minor; |
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(C) possessed, transferred, sold, or |
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distributed: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(D) while on or within 300 feet of school |
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property, as measured from any point on the school's real property |
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boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property, engaged in an |
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offense relating to an abusable volatile chemical under Section |
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485.031, 485.032, or 485.033, Health and Safety Code; |
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(E) sold, gave, or delivered to a student or |
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minor an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code; |
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(F) attempted by fraudulent or unauthorized |
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means to obtain or alter a professional certificate or license for |
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the purpose of promotion or additional compensation; |
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(G) committed a criminal offense or any part of a |
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criminal offense on school property or at a school-sponsored event; |
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or |
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(H) committed a criminal offense: |
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(i) punishable as a felony; |
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(ii) under Chapter 21, Penal Code; |
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(iii) under Section 22.05, Penal Code; or |
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(iv) under Section 37.10, Penal Code; or |
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(2) the employee resigned and there is evidence that |
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the employee engaged in misconduct described by Subdivision (1). |
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(e) The principal of a school district, district of |
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innovation, open-enrollment charter school, or other charter |
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entity campus must notify the superintendent or director of the |
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school district, district of innovation, charter school, or other |
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charter entity not later than the seventh business day after the |
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date of an employee's termination of employment or resignation |
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following an alleged incident of misconduct described by Subsection |
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(c)(1) [(c)(1)(A) or (B)]. |
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(f) The superintendent or director must notify the |
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commissioner by filing a report with the commissioner not later |
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than the seventh business day after the date the superintendent or |
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director receives a report from a principal under Subsection (e) or |
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knew about an employee's termination of employment or resignation |
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following an alleged incident of misconduct described by Subsection |
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(c)(1) [(c)(1)(A) or (B)]. The report must be: |
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(1) in writing; and |
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(2) in a form prescribed by the commissioner. |
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SECTION 6. Sections 22.094(a), (e), (f), and (g), Education |
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Code, are amended to read as follows: |
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(a) A person described by Section 22.093(b) and who is the |
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subject of a report that alleges misconduct described by Section |
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22.093(c)(1) [22.093(c)(1)(A) or (B)] or who is identified as |
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having engaged in that misconduct using the interagency reportable |
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conduct search engine established under Chapter 810, Health and |
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Safety Code, is entitled to a hearing on the merits of the |
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allegations of misconduct under the procedures provided by Chapter |
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2001, Government Code, to contest the allegation in the report or |
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search engine. |
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(e) If a person entitled to a hearing under Subsection (a) |
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does not request a hearing as provided by Subsection (c), the |
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commissioner shall: |
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(1) based on the report filed under Section 22.093(f) |
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or the identification described by Subsection (a), make a |
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determination whether the person engaged in misconduct; and |
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(2) if the commissioner determines that the person |
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engaged in misconduct described by Section 22.093(c)(1) |
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[22.093(c)(1)(A) or (B)], instruct the agency to add the person's |
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name to the registry maintained under Section 22.092. |
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(f) If a person entitled to a hearing under Subsection (a) |
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requests a hearing as provided by Subsection (c) and the final |
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decision in that hearing determines that the person engaged in |
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misconduct described by Section 22.093(c)(1) [22.093(c)(1)(A) or |
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(B)], the commissioner shall instruct the agency to add the |
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person's name to the registry maintained under Section 22.092. |
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(g) If a person entitled to a hearing under Subsection (a) |
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requests a hearing as provided by Subsection (c) and the final |
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decision in that hearing determines that the person did not engage |
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in misconduct described by Section 22.093(c)(1) [22.093(c)(1)(A) |
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or (B)], the commissioner shall instruct the agency to immediately |
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remove from the Internet portal developed and maintained by the |
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agency under Section 22.095 the information indicating that the |
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person is under investigation for alleged misconduct. |
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SECTION 7. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 8. 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, 2025. |