Texas 2023 - 88th Regular

Texas House Bill HB4520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4520
2	2
3	3
4	4	AN ACT
5	5	relating to employment and retirement consequences for an educator
6	6	convicted of or placed on deferred adjudication community
7	7	supervision for the sale, distribution, or display of harmful
8	8	material to a minor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.018(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) This article applies only to:
13	13	(1) conviction or deferred adjudication community
14	14	supervision granted on the basis of an offense for which a
15	15	conviction or grant of deferred adjudication community supervision
16	16	requires the defendant to register as a sex offender under Chapter
17	17	62; [or]
18	18	(2) conviction of an offense under Title 5, Penal
19	19	Code, if the victim of the offense was under 18 years of age at the
20	20	time the offense was committed; or
21	21	(3) conviction or deferred adjudication community
22	22	supervision granted on the basis of an offense under Section 43.24,
23	23	Penal Code.
24	24	SECTION 2. Section 21.058(a), Education Code, is amended to
25	25	read as follows:
26	26	(a) The procedures described by Subsections (b) and (c)
27	27	apply only to:
28	28	(1) [to] conviction of or placement on deferred
29	29	adjudication community supervision for an offense for which a
30	30	defendant is required to register as a sex offender under Chapter
31	31	62, Code of Criminal Procedure; [or]
32	32	(2) [to] conviction of a felony offense under Title 5,
33	33	Penal Code, if the victim of the offense was under 18 years of age at
34	34	the time the offense was committed; or
35	35	(3) conviction of or placement on deferred
36	36	adjudication community supervision for an offense under Section
37	37	43.24, Penal Code.
38	38	SECTION 3. Section 824.009(a), Government Code, is amended
39	39	to read as follows:
40	40	(a) In this section, "qualifying felony" means an offense
41	41	that is punishable as a felony under the following sections of the
42	42	Penal Code:
43	43	(1) Section 21.02 (continuous sexual abuse of young
44	44	child or disabled individual);
45	45	(2) Section 21.12 (improper relationship between
46	46	educator and student); [or]
47	47	(3) Section 22.011 (sexual assault) or Section 22.021
48	48	(aggravated sexual assault); or
49	49	(4) Section 43.24 (sale, distribution, or display of
50	50	harmful material to minor).
51	51	SECTION 4. (a) Article 42.018, Code of Criminal Procedure,
52	52	as amended by this Act, applies only to a judgment of conviction or
53	53	order granting deferred adjudication community supervision entered
54	54	on or after the effective date of this Act.
55	55	(b) Section 824.009, Government Code, as amended by this
56	56	Act, applies only to an offense committed on or after the effective
57	57	date of this Act. An offense committed before that date is governed
58	58	by the law in effect on the date the offense was committed, and the
59	59	former law is continued in effect for that purpose. For purposes of
60	60	this section, an offense was committed before the effective date of
61	61	this Act if any element of the offense occurred before that date.
62	62	SECTION 5. This Act takes effect September 1, 2023.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I certify that H.B. No. 4520 was passed by the House on May 1,
66	66	2023, by the following vote: Yeas 137, Nays 3, 1 present, not
67	67	voting.
68	68	______________________________
69	69	Chief Clerk of the House
70	70	I certify that H.B. No. 4520 was passed by the Senate on May
71	71	22, 2023, by the following vote: Yeas 26, Nays 5.
72	72	______________________________
73	73	Secretary of the Senate
74	74	APPROVED: _____________________
75	75	Date
76	76	_____________________
77	77	Governor