82R16740 KKA-F
By: Gonzales of Williamson, Madden H.B. No. 1610
Substitute the following for H.B. No. 1610:
By: Eissler C.S.H.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to employment termination procedures applicable to a
teacher who is convicted of or receives deferred adjudication for 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),
(c-2), and (e) to read as follows:
(a) The procedures described by Subsections (b) and (c)
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 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has been revoked from campus or from an administrative office, as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:
(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) [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) 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:
(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 the school district or open-enrollment charter school
takes action under Subsection (c)(2)(B) or (c-1)(2).
(e) Action taken by a school district or open-enrollment
charter school under Subsection (c) or (c-1) 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.