TX
Texas Senate Bill SB1497

Texas 2015 - 84th Regular

Texas Senate Bill SB1497 Compare Versions

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11 By: Taylor of Collin S.B. No. 1497
2- (In the Senate - Filed March 12, 2015; March 19, 2015, read
3- first time and referred to Committee on Education; May 5, 2015,
4- reported adversely, with favorable Committee Substitute by the
5- following vote: Yeas 11, Nays 0; May 5, 2015, sent to printer.)
6-Click here to see the committee vote
7- COMMITTEE SUBSTITUTE FOR S.B. No. 1497 By: Taylor of Collin
82
93
104 A BILL TO BE ENTITLED
115 AN ACT
12- relating to educator misconduct and employment sanctions and a
13- requirement that a school district, open-enrollment charter
14- school, or shared services arrangement terminate or refuse to hire
15- an employee or applicant convicted of certain offenses.
6+ relating to a requirement that a school district or open-enrollment
7+ charter school terminate certain employees convicted of certain
8+ offenses.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17- SECTION 1. Sections 21.058(a), (c), (c-2), and (e),
18- Education Code, are amended to read as follows:
19- (a) The procedures described by Subsections (b) and (c)
20- apply only to conviction of:
21- (1) [to conviction of] a felony offense;
22- (2) [under Title 5, Penal Code, or] an offense on
23- conviction of which a defendant is required to register as a sex
24- offender under Chapter 62, Code of Criminal Procedure;
25- (3) an offense under the laws of another state or
26- federal law that is equivalent to an offense under Subdivision (1)
27- or (2); or
28- (4) a misdemeanor offense under Chapter 21 or 43,
29- Penal Code [and
30- [(2) if the victim of the offense is under 18 years of
31- age].
10+ SECTION 1. Sections 21.058 (c) and (c-2), Education Code,
11+ are amended to read as follows:
3212 (c) A school district or open-enrollment charter school
3313 that receives notice under Subsection (b) of the revocation of a
3414 certificate issued under this subchapter shall:
3515 (1) immediately remove the person whose certificate
3616 has been revoked from campus or from an administrative office, as
3717 applicable, to prevent the person from having any contact with a
3818 student; and
3919 (2) if the person is employed under a probationary,
4020 continuing, or term contract under this chapter, on the action of
4121 the board of trustees or governing body or a designee of the board
4222 or governing body:
4323 (A) suspend the person without pay;
4424 (B) provide the person with written notice that
4525 the person's contract is void as provided by Subsection (c-2); and
4626 (C) terminate the employment of the person as
4727 soon as practicable.
4828 (c-2) A person's probationary, continuing, or term contract
4929 is void if, on the action of the board of trustees or governing body
5030 or a designee of the board or governing body, the school district or
51- open-enrollment charter school takes action under Subsection (c)
52- [(c)(2)(B) or (c-1)(2)].
53- (e) Action taken by a school district or open-enrollment
54- charter school under Subsection (c) [or (c-1)] is not subject to
55- appeal under this chapter, and the notice and hearing requirements
56- of this chapter do not apply to the action.
57- SECTION 2. Sections 22.085(a) and (d), Education Code, are
58- amended to read as follows:
59- (a) A school district, open-enrollment charter school, or
60- shared services arrangement shall discharge or refuse to hire an
61- employee or applicant for employment if the district, school, or
62- shared services arrangement obtains information through a criminal
63- history record information review that[:
64- [(1)] the employee or applicant has been convicted of:
65- (1) [(A)] a felony offense [under Title 5, Penal
66- Code];
67- (2) [(B)] an offense on conviction of which a
68- defendant is required to register as a sex offender under Chapter
69- 62, Code of Criminal Procedure; [or]
70- (3) [(C)] an offense under the laws of another state
71- or federal law that is equivalent to an offense under Subdivision
72- (1) or (2) [Paragraph (A) or (B)]; or
73- (4) a misdemeanor offense under Chapter 21 or 43,
74- Penal Code [and
75- [(2) at the time the offense occurred, the victim of
76- the offense described by Subdivision (1) was under 18 years of age
77- or was enrolled in a public school].
78- (d) [A school district, open-enrollment charter school,
79- private school, regional education service center, or shared
80- services arrangement may discharge an employee if the district or
81- school obtains information of the employee's conviction of a felony
82- or of a misdemeanor involving moral turpitude that the employee did
83- not disclose to the State Board for Educator Certification or the
84- district, school, service center, or shared services arrangement.]
85- An employee discharged under this section is considered to have
86- been discharged for misconduct for purposes of Section 207.044,
87- Labor Code.
88- SECTION 3. Article 42.018(a), Code of Criminal Procedure,
89- is amended to read as follows:
90- (a) This article applies only[:
91- [(1)] to conviction or deferred adjudication granted on
92- the basis of:
93- (1) a felony [(A) an] offense [under Title 5, Penal
94- Code];
95- (2) [or
96- [(B)] an offense on conviction of which a
97- defendant is required to register as a sex offender under Chapter
98- 62; or
99- (3) a misdemeanor offense under Chapter 21 or 43,
100- Penal Code [and
101- [(2) if the victim of the offense is under 18 years of
102- age].
103- SECTION 4. Sections 21.058(c-1) and 22.085(b), Education
104- Code, are repealed.
105- SECTION 5. This Act takes effect immediately if it receives
31+ open-enrollment charter school takes action under Subsection
32+ (c)(2)(B) or (c-1)(2).
33+ SECTION 2. This Act takes effect immediately if it receives
10634 a vote of two-thirds of all the members elected to each house, as
10735 provided by Section 39, Article III, Texas Constitution. If this
10836 Act does not receive the vote necessary for immediate effect, this
10937 Act takes effect September 1, 2015.
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