Texas 2017 85th Regular

Texas Senate Bill SB7 Enrolled / Bill

Filed 05/15/2017

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                    S.B. No. 7


 AN ACT
 relating to improper relationships between educators and students
 and reporting of educator misconduct; creating a criminal offense
 and expanding the applicability of an existing offense; authorizing
 an administrative penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 21.12(a), Penal Code, is amended to read
 as follows:
 (a)  An employee of a public or private primary or secondary
 school commits an offense if the employee:
 (1)  engages in sexual contact, sexual intercourse, or
 deviate sexual intercourse with a person who is enrolled in a public
 or private primary or secondary school at which the employee works;
 (2)  holds a position described by Section 21.003(a) or
 (b), Education Code, regardless of whether the employee holds the
 appropriate certificate, permit, license, or credential for the
 position, [a certificate or permit issued as provided by Subchapter
 B, Chapter 21, Education Code, or is a person who is required to be
 licensed by a state agency as provided by Section 21.003(b),
 Education Code,] and engages in sexual contact, sexual intercourse,
 or deviate sexual intercourse with a person the employee knows is:
 (A)  enrolled in a public or private primary or
 secondary school, other than a school described by Subdivision (1)
 [in the same school district as the school at which the employee
 works]; or
 (B)  a student participant in an educational
 activity that is sponsored by a school district or a public or
 private primary or secondary school, if[:
 [(i)]  students enrolled in a public or
 private primary or secondary school are the primary participants in
 the activity; [and
 [(ii)     the employee provides education
 services to those participants;] or
 (3)  engages in conduct described by Section 33.021,
 with a person described by Subdivision (1), or a person the employee
 knows is a person described by Subdivision (2)(A) or (B),
 regardless of the age of that person.
 SECTION 2.  Article 42.01, Code of Criminal Procedure, is
 amended by adding Section 12 to read as follows:
 Sec. 12.  In addition to the information described by
 Section 1, the judgment should reflect affirmative findings entered
 pursuant to Article 42.0192.
 SECTION 3.  Article 42.018(a), Code of Criminal Procedure,
 is amended to read as follows:
 (a)  This article applies only to:
 (1)  [to] conviction or deferred adjudication
 community supervision granted on the basis of an offense for which a
 conviction or grant of deferred adjudication community supervision
 requires the defendant to register as a sex offender under Chapter
 62; or
 (2)  conviction of[:
 [(A)]  an offense under Title 5, Penal Code,[; or
 [(B)     an offense on conviction of which a
 defendant is required to register as a sex offender under Chapter
 62; and
 [(2)]  if the victim of the offense was [is] under 18
 years of age at the time the offense was committed.
 SECTION 4.  Chapter 42, Code of Criminal Procedure, is
 amended by adding Article 42.0192 to read as follows:
 Art. 42.0192.  FINDING REGARDING OFFENSE RELATED TO
 PERFORMANCE OF PUBLIC SERVICE.  (a)  In the trial of an offense
 described by Section 824.009, Government Code, the judge shall make
 an affirmative finding of fact and enter the affirmative finding in
 the judgment in the case if the judge determines that the offense
 committed was related to the defendant's employment described by
 Section 824.009(b), Government Code, while a member of the Teacher
 Retirement System of Texas.
 (b)  A judge who makes the affirmative finding described by
 this article shall make the determination and provide the notice
 required by Section 824.009(l), Government Code, as applicable.
 SECTION 5.  Section 21.006, Education Code, is amended by
 amending Subsections (b), (b-1), (c), (e), and (f) and adding
 Subsections (b-2), (c-1), (i), and (j) to read as follows:
 (b)  In addition to the reporting requirement under Section
 261.101, Family Code, the superintendent or director of a school
 district, district of innovation, open-enrollment charter school,
 regional education service center, or shared services arrangement
 shall notify the State Board for Educator Certification if:
 (1)  an educator employed by or seeking employment by
 the school district, district of innovation, charter school,
 service center, or shared services arrangement has a criminal
 record and the school district, district of innovation, charter
 school, service center, or shared services arrangement obtained
 information about the educator's criminal record by a means other
 than the criminal history clearinghouse established under Section
 411.0845, Government Code;
 (2)  an educator's employment at the school district,
 district of innovation, charter school, service center, or shared
 services arrangement was terminated and there is [based on]
 evidence that the educator:
 (A)  abused or otherwise committed an unlawful act
 with a student or minor;
 (A-1)  was involved in a romantic relationship
 with or solicited or engaged in sexual contact with a student or
 minor;
 (B)  possessed, transferred, sold, or distributed
 a controlled substance, as defined by Chapter 481, Health and
 Safety Code, or by 21 U.S.C. Section 801 et seq.;
 (C)  illegally transferred, appropriated, or
 expended funds or other property of the school district, district
 of innovation, charter school, service center, or shared services
 arrangement;
 (D)  attempted by fraudulent or unauthorized
 means to obtain or alter a professional certificate or license for
 the purpose of promotion or additional compensation; or
 (E)  committed a criminal offense or any part of a
 criminal offense on school property or at a school-sponsored event;
 (3)  the educator resigned and there is evidence that
 the educator engaged in misconduct described by Subdivision (2); or
 (4)  the educator engaged in conduct that violated the
 assessment instrument security procedures established under
 Section 39.0301.
 (b-1)  A superintendent or director of a school district,
 district of innovation, [or] open-enrollment charter school,
 regional education service center, or shared services arrangement
 shall complete an investigation of an educator that involves [is
 based on] evidence that the educator may have engaged in misconduct
 described by Subsection (b)(2)(A) or (A-1), despite the educator's
 resignation from [district or school] employment before completion
 of the investigation.
 (b-2)  The principal of a school district, district of
 innovation, or open-enrollment charter school campus must notify
 the superintendent or director of the school district, district of
 innovation, or charter school not later than the seventh business
 day after the date:
 (1)  of an educator's termination of employment or
 resignation following an alleged incident of misconduct described
 by Subsection (b); or
 (2)  the principal knew about an educator's criminal
 record under Subsection (b)(1).
 (c)  The superintendent or director must notify the State
 Board for Educator Certification by filing a report with the board
 not later than the seventh business day after the date the
 superintendent or director receives a report from a principal under
 Subsection (b-2) or knew about an educator's [employee's criminal
 record under Subsection (b)(1) or a] termination of employment or
 resignation following an alleged incident of misconduct described
 by Subsection (b) or an employee's criminal record under Subsection
 (b)(1).
 (c-1)  The report under Subsection (c) must be:
 (1)  in writing; and
 (2)  in a form prescribed by the board.
 (e)  A superintendent, [or] director, or principal of a
 school district, district of innovation, open-enrollment charter
 school, regional education service center, or shared services
 arrangement who in good faith and while acting in an official
 capacity files a report with the State Board for Educator
 Certification under this section or communicates with another
 superintendent, director, or principal concerning an educator's
 criminal record or alleged incident of misconduct is immune from
 civil or criminal liability that might otherwise be incurred or
 imposed.
 (f)  The State Board for Educator Certification shall
 determine whether to impose sanctions, including an administrative
 penalty under Subsection (i), against a principal who fails to
 provide notification to a superintendent or director in violation
 of Subsection (b-2) or against a superintendent or director who
 fails to file a report in violation of Subsection (c).
 (i)  If an educator serving as a superintendent or director
 is required to file a report under Subsection (c) and fails to file
 the report by the date required by that subsection, or if an
 educator serving as a principal is required to notify a
 superintendent or director about an educator's criminal record or
 alleged incident of misconduct under Subsection (b-2) and fails to
 provide the notice by the date required by that subsection, the
 State Board for Educator Certification may impose on the educator
 an administrative penalty of not less than $500 and not more than
 $10,000. The State Board for Educator Certification may not renew
 the certification of an educator against whom an administrative
 penalty is imposed under this subsection until the penalty is paid.
 (j)  A superintendent or director required to file a report
 under Subsection (c) commits an offense if the superintendent or
 director fails to file the report by the date required by that
 subsection with intent to conceal an educator's criminal record or
 alleged incident of misconduct. A principal required to notify a
 superintendent or director about an educator's criminal record or
 alleged incident of misconduct under Subsection (b-2) commits an
 offense if the principal fails to provide the notice by the date
 required by that subsection with intent to conceal an educator's
 criminal record or alleged incident of misconduct.  An offense
 under this subsection is a state jail felony.
 SECTION 6.  Subchapter A, Chapter 21, Education Code, is
 amended by adding Section 21.0061 to read as follows:
 Sec. 21.0061.  NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR
 MISCONDUCT. (a)  The board of trustees or governing body of a
 school district, district of innovation, open-enrollment charter
 school, regional education service center, or shared services
 arrangement shall adopt a policy under which notice is provided to
 the parent or guardian of a student with whom an educator is alleged
 to have engaged in misconduct described by Section 21.006(b)(2)(A)
 or (A-1) informing the parent or guardian:
 (1)  that the alleged misconduct occurred;
 (2)  whether the educator was terminated following an
 investigation of the alleged misconduct or resigned before
 completion of the investigation; and
 (3)  whether a report was submitted to the State Board
 for Educator Certification concerning the alleged misconduct.
 (b)  The policy required by this section must require that
 information specified by Subsection (a)(1) be provided as soon as
 feasible after the employing entity becomes aware that alleged
 misconduct may have occurred.
 SECTION 7.  Subchapter A, Chapter 21, Education Code, is
 amended by adding Section 21.009 to read as follows:
 Sec. 21.009.  PRE-EMPLOYMENT AFFIDAVIT. (a)  An applicant
 for a position described by Section 21.003(a) or (b) with a school
 district, district of innovation, open-enrollment charter school,
 regional education service center, or shared services arrangement
 must submit, using a form adopted by the agency, a pre-employment
 affidavit disclosing whether the applicant has ever been charged
 with, adjudicated for, or convicted of having an inappropriate
 relationship with a minor.
 (b)  An applicant who answers affirmatively concerning an
 inappropriate relationship with a minor must disclose in the
 affidavit all relevant facts pertaining to the charge,
 adjudication, or conviction, including, for a charge, whether the
 charge was determined to be true or false.
 (c)  An applicant is not precluded from being employed based
 on a disclosed charge if the employing entity determines based on
 the information disclosed in the affidavit that the charge was
 false.
 (d)  A determination that an employee failed to disclose
 information required to be disclosed by an applicant under this
 section is grounds for termination of employment.
 (e)  The State Board for Educator Certification may revoke
 the certificate of an administrator if the board determines it is
 reasonable to believe that the administrator employed an applicant
 for a position described by Section 21.003(a) or (b) despite being
 aware that the applicant had been adjudicated for or convicted of
 having an inappropriate relationship with a minor.
 SECTION 8.  Section 21.044(g), Education Code, is amended to
 read as follows:
 (g)  Each educator preparation program must provide
 information regarding:
 (1)  the skills that educators are required to possess,
 the responsibilities that educators are required to accept, and the
 high expectations for students in this state;
 (2)  the effect of supply and demand forces on the
 educator workforce in this state;
 (3)  the performance over time of the educator
 preparation program;
 (4)  the importance of building strong classroom
 management skills; [and]
 (5)  the framework in this state for teacher and
 principal evaluation, including the procedures followed in
 accordance with Subchapter H; and
 (6)  appropriate relationships, boundaries, and
 communications between educators and students.
 SECTION 9.  Sections 21.054(d) and (e), Education Code, are
 amended to read as follows:
 (d)  Continuing education requirements for a classroom
 teacher must provide that not more than 25 percent of the training
 required every five years include instruction regarding:
 (1)  collecting and analyzing information that will
 improve effectiveness in the classroom;
 (2)  recognizing early warning indicators that a
 student may be at risk of dropping out of school;
 (3)  integrating technology into classroom
 instruction; [and]
 (4)  educating diverse student populations, including:
 (A)  students with disabilities, including mental
 health disorders;
 (B)  students who are educationally
 disadvantaged;
 (C)  students of limited English proficiency; and
 (D)  students at risk of dropping out of school;
 and
 (5)  understanding appropriate relationships,
 boundaries, and communications between educators and students.
 (e)  Continuing education requirements for a principal must
 provide that not more than 25 percent of the training required every
 five years include instruction regarding:
 (1)  effective and efficient management, including:
 (A)  collecting and analyzing information;
 (B)  making decisions and managing time; and
 (C)  supervising student discipline and managing
 behavior;
 (2)  recognizing early warning indicators that a
 student may be at risk of dropping out of school;
 (3)  integrating technology into campus curriculum and
 instruction; [and]
 (4)  educating diverse student populations, including:
 (A)  students with disabilities, including mental
 health disorders;
 (B)  students who are educationally
 disadvantaged;
 (C)  students of limited English proficiency; and
 (D)  students at risk of dropping out of school;
 and
 (5)  preventing, recognizing, and reporting any sexual
 conduct between an educator and student that is prohibited under
 Section 21.12, Penal Code, or for which reporting is required under
 Section 21.006 of this code.
 SECTION 10.  The heading to Section 21.058, Education Code,
 is amended to read as follows:
 Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF
 EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
 ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
 SECTION 11.  Sections 21.058(a), (b), (c), (c-1), and (c-2),
 Education Code, are amended to read as follows:
 (a)  The procedures described by Subsections (b) and (c)
 apply only:
 (1)  to conviction of or placement on deferred
 adjudication community supervision for an offense for which a
 defendant is required to register as a sex offender under Chapter
 62, Code of Criminal Procedure; or
 (2)  to conviction of a felony offense under Title 5,
 Penal Code, [or an offense on conviction of which a defendant is
 required to register as a sex offender under Chapter 62, Code of
 Criminal Procedure; and
 [(2)]  if the victim of the offense was [is] under 18
 years of age at the time the offense was committed.
 (b)  Notwithstanding Section 21.041(b)(7), not later than
 the fifth day after the date the board receives notice under Article
 42.018, Code of Criminal Procedure, of the conviction or placement
 on deferred adjudication community supervision of a person who
 holds a certificate under this subchapter, the board shall:
 (1)  revoke the certificate held by the person; and
 (2)  provide to the person, to the agency, and to any
 school district or open-enrollment charter school employing the
 person at the time of revocation written notice of:
 (A)  the revocation; and
 (B)  the basis for the revocation.
 (c)  A school district or open-enrollment charter school
 that receives notice under Subsection (b) of the revocation of a
 certificate issued under this subchapter shall:
 (1)  immediately remove the person whose certificate
 has been revoked from campus or from an administrative office, as
 applicable, to prevent the person from having any contact with a
 student; and
 (2)  if the person is employed under a probationary,
 continuing, or term contract under this chapter, with the approval
 of the board of trustees or governing body or a designee of the
 board or governing body:
 (A)  suspend the person without pay;
 (B)  provide the person with written notice that
 the person's contract is void as provided by Subsection (c-2); and
 (C)  terminate the employment of the person as
 soon as practicable.
 (c-1)  If a school district or open-enrollment charter
 school becomes aware that a person employed by the district or
 school under a probationary, continuing, or term contract under
 this chapter has been convicted of or received deferred
 adjudication for a felony offense, and the person is not subject to
 Subsection (c), the district or school may, with the approval of the
 board of trustees or governing body or a designee of the board of
 trustees or governing body:
 (1)  suspend the person without pay;
 (2)  provide the person with written notice that the
 person's contract is void as provided by Subsection (c-2); and
 (3)  terminate the employment of the person as soon as
 practicable.
 (c-2)  A person's probationary, continuing, or term contract
 is void if, with the approval of the board of trustees or governing
 body or a designee of the board or governing body, the school
 district or open-enrollment charter school takes action under
 Subsection (c)(2)(B) or (c-1)(2).
 SECTION 12.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Section 21.0581 to read as follows:
 Sec. 21.0581.  REVOCATION FOR ASSISTING PERSON WHO ENGAGED
 IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a)  The board may suspend
 or revoke a certificate held by a person under this subchapter,
 impose other sanctions against the person, or refuse to issue a
 certificate to the person under this subchapter if:
 (1)  the person assists another person in obtaining
 employment at a school district or open-enrollment charter school,
 other than by the routine transmission of administrative and
 personnel files; and
 (2)  the person knew that the other person has
 previously engaged in sexual misconduct with a minor or student in
 violation of the law.
 (b)  The commissioner may require a school district to revoke
 or decline to issue a school district teaching permit under Section
 21.055 issued to or requested by a person subject to board action
 under Subsection (a).
 SECTION 13.  Section 21.062(a), Education Code, is amended
 to read as follows:
 (a)  During an investigation by the commissioner of an
 educator for an alleged incident of misconduct, the commissioner
 may issue a subpoena to compel:
 (1)  the attendance of a relevant witness; or
 (2)  the production, for inspection or copying, of
 relevant evidence that is located in this state.
 SECTION 14.  Section 21.355, Education Code, is amended by
 amending Subsection (a) and adding Subsections (d), (e), and (f) to
 read as follows:
 (a)  A document evaluating the performance of a teacher or
 administrator is confidential and is not subject to disclosure
 under Chapter 552, Government Code.
 (d)  A school district or open-enrollment charter school may
 give the agency a document evaluating the performance of a teacher
 or administrator employed by the district or school for purposes of
 an investigation conducted by the agency.
 (e)  Notwithstanding Subsection (a) and except as otherwise
 provided by a court order prohibiting disclosure, a document
 provided to the agency under Subsection (d) may be used in a
 disciplinary proceeding against a teacher or administrator if the
 document may be admitted under rules of evidence applicable to a
 contested case, as provided by Section 2001.081, Government Code.
 (f)  A document provided to the agency under Subsection (d)
 remains confidential unless the document becomes part of the record
 in a contested case under Chapter 2001, Government Code.
 SECTION 15.  Subchapter A, Chapter 38, Education Code, is
 amended by adding Section 38.027 to read as follows:
 Sec. 38.027.  ELECTRONIC COMMUNICATION POLICY. (a)  In this
 section, "electronic communication" means any communication
 facilitated by the use of any electronic device, including a
 telephone, cellular telephone, computer, computer network,
 personal data assistant, or pager. The term includes e-mails, text
 messages, instant messages, and any communications made through an
 Internet website, including a social media website or a social
 networking website.
 (b)  A school district shall adopt a written policy
 concerning electronic communications between a school employee and
 a student enrolled in the district.
 (c)  The policy adopted under this section must:
 (1)  include provisions designed to prevent improper
 electronic communications between a school employee and a student;
 (2)  allow a school employee to elect to not disclose to
 students the employee's personal telephone number or e-mail
 address; and
 (3)  include provisions instructing a school employee
 about the proper method for notifying appropriate local
 administrators about an incident in which a student engages in
 improper communications with the school employee.
 SECTION 16.  Section 39.057(a), Education Code, is amended
 to read as follows:
 (a)  The commissioner may authorize special accreditation
 investigations to be conducted:
 (1)  when excessive numbers of absences of students
 eligible to be tested on state assessment instruments are
 determined;
 (2)  when excessive numbers of allowable exemptions
 from the required state assessment instruments are determined;
 (3)  in response to complaints submitted to the agency
 with respect to alleged violations of civil rights or other
 requirements imposed on the state by federal law or court order;
 (4)  in response to established compliance reviews of
 the district's financial accounting practices and state and federal
 program requirements;
 (5)  when extraordinary numbers of student placements
 in disciplinary alternative education programs, other than
 placements under Sections 37.006 and 37.007, are determined;
 (6)  in response to an allegation involving a conflict
 between members of the board of trustees or between the board and
 the district administration if it appears that the conflict
 involves a violation of a role or duty of the board members or the
 administration clearly defined by this code;
 (7)  when excessive numbers of students in special
 education programs under Subchapter A, Chapter 29, are assessed
 through assessment instruments developed or adopted under Section
 39.023(b);
 (8)  in response to an allegation regarding or an
 analysis using a statistical method result indicating a possible
 violation of an assessment instrument security procedure
 established under Section 39.0301, including for the purpose of
 investigating or auditing a school district under that section;
 (9)  when a significant pattern of decreased academic
 performance has developed as a result of the promotion in the
 preceding two school years of students who did not perform
 satisfactorily as determined by the commissioner under Section
 39.0241(a) on assessment instruments administered under Section
 39.023(a), (c), or (l);
 (10)  when excessive numbers of students eligible to
 enroll fail to complete an Algebra II course or any other advanced
 course as determined by the commissioner;
 (11)  when resource allocation practices as evaluated
 under Section 39.0821 indicate a potential for significant
 improvement in resource allocation;
 (12)  when a disproportionate number of students of a
 particular demographic group is graduating with a particular
 endorsement under Section 28.025(c-1);
 (13)  when an excessive number of students is
 graduating with a particular endorsement under Section
 28.025(c-1);
 (14)  in response to a complaint submitted to the
 agency with respect to alleged inaccurate data that is reported
 through the Public Education Information Management System (PEIMS)
 or through other reports required by state or federal law or rule or
 court order and that is used by the agency to make a determination
 relating to public school accountability, including accreditation,
 under this chapter; [or]
 (15)  when a school district for any reason fails to
 produce, at the request of the agency, evidence or an investigation
 report relating to an educator who is under investigation by the
 State Board for Educator Certification; or
 (16)  as the commissioner otherwise determines
 necessary.
 SECTION 17.  Subchapter A, Chapter 824, Government Code, is
 amended by adding Section 824.009 to read as follows:
 Sec. 824.009.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
 FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
 (a)  In this section, "qualifying felony" means an offense that is
 punishable as a felony under the following sections of the Penal
 Code:
 (1)  Section 21.02 (continuous sexual abuse of young
 child or children);
 (2)  Section 21.12 (improper relationship between
 educator and student); or
 (3)  Section 22.011 (sexual assault) or Section 22.021
 (aggravated sexual assault).
 (a-1)  In this section, a "qualifying felony" includes any
 federal offense that contains elements that are substantially
 similar to the elements of a felony offense described in Subsection
 (a).
 (b)  This section applies only to a person who is a member or
 an annuitant of the retirement system and is or was an employee of
 the public school system.
 (c)  Except as provided by Subsection (e), a person is not
 eligible to receive a service retirement annuity from the
 retirement system if the person is convicted of a qualifying felony
 the victim of which is a student.
 (d)  The retirement system shall suspend payments of an
 annuity to a person who is not eligible to receive a service
 retirement annuity under Subsection (c), as determined by the
 retirement system, on receipt by the retirement system of:
 (1)  notice of a conviction for a qualifying felony
 under Subsection (f) or (l);
 (2)  notice of a conviction for a qualifying felony
 from a district court or district attorney; or
 (3)  any other information the retirement system
 determines by rule is sufficient to establish a conviction for a
 qualifying felony.
 (e)  A person whose conviction is overturned on appeal or who
 meets the requirements for innocence under Section 103.001(a)(2),
 Civil Practice and Remedies Code:
 (1)  is entitled to receive an amount equal to the
 accrued total of payments and interest earned on the payments
 withheld during the suspension period; and
 (2)  may resume receipt of annuity payments on payment
 to the retirement system of an amount equal to the contributions
 refunded to the person under Subsection (g).
 (f)  Not later than the 30th day after the date of a person's
 conviction for a qualifying felony, the school at which the person
 was employed shall provide written notice of the conviction to the
 retirement system.  The notice must comply with rules adopted by the
 board of trustees under Subsection (k).
 (g)  A person who is not eligible to receive a service
 retirement annuity under Subsection (c) is entitled to a refund of
 the person's retirement annuity contributions, including interest
 earned on those contributions.
 (h)  Benefits payable to an alternate payee under Chapter 804
 who is recognized by a domestic relations order established before
 September 1, 2017, are not affected by a person's ineligibility to
 receive a retirement annuity under Subsection (c).
 (i)  On conviction of a person for a qualifying felony, a
 court may, in the interest of justice and in the same manner as in a
 divorce proceeding, award any portion or all of the service
 retirement annuity forfeited by the person as the separate property
 of an innocent spouse if the annuity is partitioned or exchanged by
 written agreement of the spouses as provided by Subchapter B,
 Chapter 4, Family Code.  The amount awarded to the innocent spouse
 may not be converted to community property.
 (j)  Ineligibility for a retirement annuity under this
 section does not impair a person's right to any other retirement
 benefit for which the person is eligible.
 (k)  The board of trustees of the retirement system shall
 adopt rules and procedures to implement this section.
 (l)  A court shall notify the retirement system of the terms
 of a person's conviction of a qualifying felony.
 SECTION 18.  The change in law made by this Act to Section
 21.12, Penal Code, applies only to an offense committed on or after
 the effective date of this Act. An offense committed before the
 effective date of this Act is governed by the law in effect on the
 date the offense was committed, and the former law is continued in
 effect for that purpose. For purposes of this section, an offense
 was committed before the effective date of this Act if any element
 of the offense was committed before that date.
 SECTION 19.  Section 12, Article 42.01, Code of Criminal
 Procedure, and Article 42.0192, Code of Criminal Procedure, as
 added by this Act, apply only to a judgment of conviction entered on
 or after the effective date of this Act.
 SECTION 20.  Not later than December 31, 2017, the board of
 trustees of the Teacher Retirement System of Texas shall adopt the
 rules necessary to implement Section 824.009, Government Code, as
 added by this Act.
 SECTION 21.  Section 824.009, Government Code, as added by
 this Act, applies only to an offense committed on or after the
 effective date of rules adopted in accordance with that section.  An
 offense committed before that date is governed by the law in effect
 on the date the offense was committed, and the former law is
 continued in effect for that purpose.  For purposes of this section,
 an offense was committed before the effective date of rules adopted
 in accordance with 824.009, Government Code, as added by this Act,
 if any element of the offense occurred before that date.
 SECTION 22.  This Act takes effect September 1, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 7 passed the Senate on
 March 8, 2017, by the following vote: Yeas 31, Nays 0; and that the
 Senate concurred in House amendments on May 15, 2017, by the
 following vote: Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 7 passed the House, with
 amendments, on May 9, 2017, by the following vote: Yeas 146,
 Nays 0, two present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor