Texas 2017 - 85th Regular

Texas Senate Bill SB2168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffines S.B. No. 2168
	2	+	(In the Senate - Filed March 10, 2017; March 29, 2017, read
	3	+	first time and referred to Committee on Education; May 3, 2017,
	4	+	reported favorably by the following vote: Yeas 11, Nays 0;
	5	+	May 3, 2017, sent to printer.)
	6	+	Click here to see the committee vote
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3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the disclosure of records produced in the course of an
7	12		investigation related to educator misconduct.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Subchapter B, Chapter 21, Education Code, is
10	15		amended by adding Section 21.063 to read as follows:
11	16		Sec. 21.063. INVESTIGATION RECORDS. (a) A record produced
12	17		by the board in the course of an investigation involving an alleged
13	18		incident of educator misconduct, if the record is involving a
14	19		complaint determined to be groundless, is confidential and not
15	20		subject to disclosure under Chapter 552, Government Code.
16	21		(b) Notwithstanding Subsection (a) and except as otherwise
17	22		provided by a court order prohibiting disclosure, a record produced
18	23		by the board in the course of an investigation involving an alleged
19	24		incident of educator misconduct may be used in a disciplinary
20	25		proceeding against a teacher or administrator based on a report
21	26		submitted under Section 21.006 concerning an alleged incident of
22	27		misconduct, if permissible under rules of evidence applicable to a
23	28		contested case, as provided by Section 2001.081, Government Code.
24	29		The record remains confidential and not subject to disclosure under
25	30		Chapter 552, Government Code, unless it becomes a part of the record
26	31		in a contested case under Chapter 2001, Government Code.
27	32		SECTION 2. This Act takes effect September 1, 2017.
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