Texas 2019 - 86th Regular

Texas House Bill HB2964 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10185 GCB-D
2	2	By: Davis of Dallas H.B. No. 2964
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition placed on an open-enrollment charter
8	8	school against the employment of a person determined under certain
9	9	circumstances to have engaged in misconduct that presents a risk to
10	10	the health, safety, or welfare of a student or minor.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 12, Education Code, is
13	13	amended by adding Section 12.10591 to read as follows:
14	14	Sec. 12.10591. PROHIBITION ON EMPLOYMENT OF CERTAIN
15	15	PERSONS. (a) A person may not be employed by an open-enrollment
16	16	charter school if, based on the person's misconduct that presents a
17	17	risk to the health, safety, or welfare of a student or minor, as
18	18	provided under Subsection (c), the State Board for Educator
19	19	Certification has:
20	20	(1) revoked, canceled, suspended, or placed
21	21	restrictions on the person's educator certification; or
22	22	(2) refused to issue an educator certificate to the
23	23	person.
24	24	(b) A person may not be employed by an open-enrollment
25	25	charter school if, based on the person's misconduct that presents a
26	26	risk to the health, safety, or welfare of a student or minor, as
27	27	provided under Subsection (c), the board of trustees of a school
28	28	district has:
29	29	(1) revoked the person's school district teaching
30	30	permit; or
31	31	(2) refused to issue a school district teaching permit
32	32	to the person.
33	33	(c) For purposes of this section, each of the following is
34	34	misconduct that presents a risk to the health, safety, or welfare of
35	35	a student or minor:
36	36	(1) engaging in abuse or neglect, as defined by
37	37	Section 261.001, Family Code;
38	38	(2) engaging in assault, as prohibited under Section
39	39	22.01, Penal Code, if:
40	40	(A) the offense was committed on school property
41	41	or at a school-sponsored or school-related activity on or off of
42	42	school property; and
43	43	(B) the victim of the offense was a public or
44	44	private school employee;
45	45	(3) engaging in a sexual offense, as prohibited under
46	46	Chapter 21, Penal Code;
47	47	(4) engaging in the offense of:
48	48	(A) sexual assault, as prohibited under Section
49	49	22.011, Penal Code;
50	50	(B) aggravated sexual assault, as prohibited
51	51	under Section 22.021, Penal Code;
52	52	(C) abandoning or endangering a child, as
53	53	prohibited under Section 22.041, Penal Code; or
54	54	(D) deadly conduct, as prohibited under Section
55	55	22.05, Penal Code;
56	56	(5) engaging in an offense under Section 22.04, Penal
57	57	Code, relating to an injury to a child;
58	58	(6) engaging in the offense of online solicitation of
59	59	a minor, as prohibited under Section 33.021, Penal Code;
60	60	(7) engaging in an offense under Section 37.10, Penal
61	61	Code, or under Section 39.0303 of this code, relating to an
62	62	assessment instrument;
63	63	(8) engaging in the offense of the sale, distribution,
64	64	or display of harmful material to a minor, as prohibited under
65	65	Section 43.24, Penal Code;
66	66	(9) engaging in a romantic relationship with a student
67	67	or minor or soliciting sexual contact or a romantic relationship
68	68	with a student or minor;
69	69	(10) on school property or while attending a
70	70	school-sponsored or school-related activity on or off of school
71	71	property, using, exhibiting, or possessing:
72	72	(A) a firearm as defined by Section 46.01(3),
73	73	Penal Code, unless the person is:
74	74	(i) not prohibited from that conduct as
75	75	provided by Section 46.15, Penal Code; or
76	76	(ii) a school marshal who is carrying or
77	77	possessing a handgun under written school regulations;
78	78	(B) a location-restricted knife as defined by
79	79	Section 46.01(6), Penal Code;
80	80	(C) a club as defined by Section 46.01(1), Penal
81	81	Code; or
82	82	(D) a weapon listed as a prohibited weapon under
83	83	Section 46.05, Penal Code;
84	84	(11) while on or within 300 feet of school property, as
85	85	measured from any point on the school's real property boundary
86	86	line, or while attending a school-sponsored or school-related
87	87	activity on or off of school property:
88	88	(A) selling, giving, or delivering to another
89	89	person or possessing, using, or being under the influence of any
90	90	amount of:
91	91	(i) marihuana or a controlled substance, as
92	92	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
93	93	Section 801 et seq.; or
94	94	(ii) a dangerous drug, as defined by
95	95	Chapter 483, Health and Safety Code; or
96	96	(B) engaging in an offense relating to an
97	97	abusable volatile chemical under Sections 485.031 through 485.033,
98	98	Health and Safety Code;
99	99	(12) selling, giving, or delivering to a minor,
100	100	regardless of location:
101	101	(A) a substance described by Subdivision
102	102	(11)(A)(i) or (ii) or (11)(B); or
103	103	(B) an alcoholic beverage, as defined by Section
104	104	1.04, Alcoholic Beverage Code;
105	105	(13) using fraud or deceit in obtaining or attempting
106	106	to obtain an educator certificate or school district teaching
107	107	permit;
108	108	(14) engaging in any other criminal offense punishable
109	109	as a felony; or
110	110	(15) engaging in any other misconduct determined by
111	111	the State Board for Educator Certification or a school district, as
112	112	applicable, to present a risk to the health, safety, or welfare of a
113	113	student or minor.
114	114	SECTION 2. This Act applies to an employment contract
115	115	entered into by an open-enrollment charter school on or after the
116	116	effective date of this Act. An employment contract entered into by
117	117	an open-enrollment charter school before the effective date of this
118	118	Act is governed by the law in effect on the date the contract was
119	119	entered into, and that law is continued in effect for that purpose.
120	120	SECTION 3. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2019.