89R4673 MEW-D
By: Bumgarner H.B. No. 2206
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain public school employee
misconduct to local law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006, Education Code, is amended by
adding Subsection (b-3) and amending Subsections (i) and (j) to
read as follows:
(b-3) The superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall notify the police department of the
municipality in which the entity is located or, if the entity is not
in a municipality, the sheriff of the county in which the entity is
located not later than 48 hours after the date the superintendent or
director becomes aware that an educator is alleged to have engaged
in misconduct described by Subsection (b)(2)(A) or (A-1).
(i) If an educator serving as a superintendent or director
is required to provide notice under Subsection (b-3) or file a
report under Subsection (c) and fails to provide notice or file the
report by the date required by the applicable [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 provide notice
under Subsection (b-3) or file a report under Subsection (c)
commits an offense if the superintendent or director fails to
provide notice or file the report by the date required by the
applicable [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 2. Section 22.093, Education Code, is amended by
adding Subsection (c-1) and amending Subsections (i) and (k) to
read as follows:
(c-1) The superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall notify the police department of the
municipality in which the entity is located or, if the entity is not
in a municipality, the sheriff of the county in which the entity is
located not later than 48 hours after the date the superintendent or
director becomes aware that an educator is alleged to have engaged
in misconduct described by Subsection (c)(1)(A) or (B).
(i) The commissioner shall refer an educator who fails to
provide notice under Subsection (c-1) or file a report in violation
of Subsection (f) to the State Board for Educator Certification,
and the board shall determine whether to impose sanctions against
the educator.
(k) A superintendent or director required to provide notice
under Subsection (c-1) or file a report under Subsection (f)
commits an offense if the superintendent or director fails to
provide notice or file the report by the date required by the
applicable [that] subsection with intent to conceal an employee's
criminal record or alleged incident of misconduct. A principal
required to notify a superintendent or director about an employee's
alleged incident of misconduct under Subsection (e) commits an
offense if the principal fails to provide the notice by the date
required by that subsection with intent to conceal an employee's
alleged incident of misconduct. An offense under this subsection
is a state jail felony.
SECTION 3. This Act takes effect September 1, 2025.