By: Harris of Anderson, et al. H.B. No. 4520
(Senate Sponsor - Bettencourt)
(In the Senate - Received from the House May 2, 2023;
May 4, 2023, read first time and referred to Committee on Finance;
May 18, 2023, reported favorably by the following vote: Yeas 16,
Nays 1; May 18, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HuffmanX
HinojosaX
BettencourtX
CampbellX
CreightonX
FloresX
HallX
HancockX
HughesX
KolkhorstX
NicholsX
PaxtonX
PerryX
SchwertnerX
WestX
WhitmireX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to employment and retirement consequences for an educator
convicted of or placed on deferred adjudication community
supervision for the sale, distribution, or display of harmful
material to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.018(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only to:
(1) 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 an offense under Title 5, Penal
Code, if the victim of the offense was under 18 years of age at the
time the offense was committed; or
(3) conviction or deferred adjudication community
supervision granted on the basis of an offense under Section 43.24,
Penal Code.
SECTION 2. Section 21.058(a), Education Code, is amended to
read as follows:
(a) The procedures described by Subsections (b) and (c)
apply only to:
(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, if the victim of the offense was under 18 years of age at
the time the offense was committed; or
(3) conviction of or placement on deferred
adjudication community supervision for an offense under Section
43.24, Penal Code.
SECTION 3. Section 824.009(a), Government Code, is amended
to read as follows:
(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 disabled individual);
(2) Section 21.12 (improper relationship between
educator and student); [or]
(3) Section 22.011 (sexual assault) or Section 22.021
(aggravated sexual assault); or
(4) Section 43.24 (sale, distribution, or display of
harmful material to minor).
SECTION 4. (a) Article 42.018, Code of Criminal Procedure,
as amended by this Act, applies only to a judgment of conviction or
order granting deferred adjudication community supervision entered
on or after the effective date of this Act.
(b) Section 824.009, Government Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. 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
this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2023.
* * * * *