| 1 | 1 | | 84R12104 CAE-D |
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| 2 | 2 | | By: Laubenberg H.B. No. 4006 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement that a school district, open-enrollment |
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| 8 | 8 | | charter school, or shared services arrangement terminate or refuse |
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| 9 | 9 | | to hire an employee or applicant convicted of certain offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 22.085(a) and (d), Education Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A school district, open-enrollment charter school, or |
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| 14 | 14 | | shared services arrangement shall discharge or refuse to hire an |
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| 15 | 15 | | employee or applicant for employment if the district, school, or |
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| 16 | 16 | | shared services arrangement obtains information through a criminal |
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| 17 | 17 | | history record information review that[: |
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| 18 | 18 | | [(1)] the employee or applicant has been convicted of: |
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| 19 | 19 | | (1) [(A)] a felony offense [under Title 5, Penal |
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| 20 | 20 | | Code]; |
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| 21 | 21 | | (2) [(B)] an offense on conviction of which a |
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| 22 | 22 | | defendant is required to register as a sex offender under Chapter |
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| 23 | 23 | | 62, Code of Criminal Procedure; [or] |
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| 24 | 24 | | (3) [(C)] an offense under the laws of another state |
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| 25 | 25 | | or federal law that is equivalent to an offense under Subdivision |
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| 26 | 26 | | (1) or (2) [Paragraph (A) or (B)]; or |
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| 27 | 27 | | (4) a misdemeanor involving moral turpitude [and |
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| 28 | 28 | | [(2) at the time the offense occurred, the victim of |
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| 29 | 29 | | the offense described by Subdivision (1) was under 18 years of age |
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| 30 | 30 | | or was enrolled in a public school]. |
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| 31 | 31 | | (d) [A school district, open-enrollment charter school, |
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| 32 | 32 | | private school, regional education service center, or shared |
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| 33 | 33 | | services arrangement may discharge an employee if the district or |
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| 34 | 34 | | school obtains information of the employee's conviction of a felony |
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| 35 | 35 | | or of a misdemeanor involving moral turpitude that the employee did |
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| 36 | 36 | | not disclose to the State Board for Educator Certification or the |
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| 37 | 37 | | district, school, service center, or shared services arrangement.] |
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| 38 | 38 | | An employee discharged under this section is considered to have |
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| 39 | 39 | | been discharged for misconduct for purposes of Section 207.044, |
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| 40 | 40 | | Labor Code. |
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| 41 | 41 | | SECTION 2. Section 22.085(b), Education Code, is repealed. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2015. |
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