Texas 2011 - 82nd Regular

Texas House Bill HB940

Filed
 
Out of House Committee
4/21/11  
Introduced
1/26/11  
Voted on by House
5/15/11  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain educator misconduct; imposing a penalty.

Impact

By making these amendments, the bill intends to provide greater legal clarity and reinforce the accountability of educators. It specifies that such misconduct is prosecuted based on the relationships educators have with their students or participants in educational activities. This change is poised to impact the educational landscape by clearly delineating unacceptable behaviors, thereby enhancing student protection. Furthermore, the bill indicates that these changes are applicable to offenses committed on or after the law's effective date, which underlines the retroactive nature of legal standards in the case of misconduct incidents.

Summary

House Bill 940 aims to address issues surrounding educator misconduct, particularly focusing on the unlawful relationships between educators and students. The bill amends the existing provisions in Section 21.12(a) of the Penal Code, which details the offenses an employee of a public or private primary or secondary school can commit if they engage in sexual contact or intercourse with students or individuals involved in educational activities. This legislation seeks to clarify the illicit boundaries that educators must adhere to when interacting with students, reinforcing the expectation of a professional and ethical relationship.

Conclusion

HB 940 represents a legislative action reflecting society's commitment to protecting students from improper educator conduct. By establishing clearer legal standards and outlining the nature of unacceptable relationships, the bill aims to ensure a safer educational environment. However, ongoing dialogues among stakeholders, including educational institutions, legal advisors, and advocacy groups, will be essential in navigating the implementation of this law and addressing any unintended consequences that arise.

Contention

Notable points of contention regarding HB 940 may arise regarding the implications of strict liability on educators and potential legal challenges related to the interpretation of what constitutes 'engaging in sexual conduct.' Additionally, there could be debates among educators, unions, and policymakers on the balance between safeguarding students' rights and ensuring fair treatment of educators accused under potentially ambiguous circumstances. The bill seeks to clarify laws that have been historically challenging to enforce, thereby aiming to prevent future misconduct while addressing possible ramifications for wrongful accusations.

Companion Bills

No companion bills found.

Previously Filed As

TX SB58

Relating to the rights and certification of public school educators and assistance provided to public schools by the Texas Education Agency related to public school educators and to certain allotments under the Foundation School Program.

TX HB4978

Relating to reports of certain misconduct committed by an employee of a public school, regional education service center, or shared services arrangement and a study by the Texas Education Agency regarding employee misconduct reporting mechanisms.

TX SB9

Relating to the rights and certification of public school educators, including financial and other assistance and waivers provided to public schools by the Texas Education Agency related to public school educators, methods of instruction provided in public schools, and certain allotments under the Foundation School Program.

TX HB122

Relating to reports of certain misconduct engaged in by an employee of a public school, regional education service center, or shared services arrangement and a study by the Texas Education Agency regarding employee misconduct reporting mechanisms.

TX SB1031

Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.

TX HB100

Relating to public education and public school finance, including the rights, certification, and compensation of public school educators, contributions by a public school to the Teacher Retirement System of Texas, and an education savings account program for certain children.

TX HB5127

Relating to public higher education reform; authorizing administrative penalties.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX HB4188

Relating to the rights, certification, and compensation of public school educators, including financial and other assistance provided to public schools by the Texas Education Agency related to public school educators and to certain allotments under the Foundation School Program.

TX HB1942

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

Similar Bills

No similar bills found.