82R8171 KKA-F
By: Gonzales of Williamson H.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to employment termination procedures applicable to a
teacher who is convicted of a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.058, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1) and
(e) to read as follows:
(a) The procedures described by Subsection (b) apply [This
section applies] only:
(1) to conviction of a felony offense under Title 5,
Penal Code, 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 of the offense is under 18 years of
age.
(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 or otherwise becomes aware
that a person employed by the district or school who holds a
certificate under this subchapter has been convicted of a felony
not described by Subsection (a) 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has been revoked] from campus or from an administrative office, as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student, if the person's certificate was revoked under Subsection
(b); [and]
(2) if the person is employed under a probationary,
continuing, or term contract under this chapter and was convicted
of a felony:
(A) suspend the person without pay;
(B) provide the person with written notice that
the person's contract is void in accordance with Subsection (c-1);
and
(C) as soon as practicable, terminate the
person's employment; and
(3) if the person is not subject to action under
Subdivision (2) [as soon as practicable], terminate the employment
of the person as soon as practicable in accordance with the person's
contract and with this subchapter.
(c-1) A person's probationary, continuing, or term contract
under this chapter is void if the employee is convicted of a felony.
(e) Action taken by a school district under Subsection
(c)(2) is not subject to appeal under this chapter, and the notice
and hearing requirements of this chapter do not apply to the action.
SECTION 2. This Act applies beginning with the 2011-2012
school year.
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.