By: Huffines S.B. No. 2168
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of records produced in the course of an
investigation related to educator misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.063 to read as follows:
Sec. 21.063. INVESTIGATION RECORDS. (a) A record produced
by the board in the course of an investigation involving an alleged
incident of educator misconduct, if the record is involving a
complaint determined to be groundless, is confidential and not
subject to disclosure under Chapter 552, Government Code.
(b) Notwithstanding Subsection (a) and except as otherwise
provided by a court order prohibiting disclosure, a record produced
by the board in the course of an investigation involving an alleged
incident of educator misconduct may be used in a disciplinary
proceeding against a teacher or administrator based on a report
submitted under Section 21.006 concerning an alleged incident of
misconduct, if permissible under rules of evidence applicable to
contested a case, as provided by Section 2001.081, Government Code.
The record remains confidential and not subject to disclosure under
Chapter 552, Government Code unless it becomes a part of the record
in a contested case under Chapter 2001, Government Code.
SECTION 2. This Act takes effect September 1, 2017.