| 1 | 1 | | 89R4673 MEW-D |
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| 2 | 2 | | By: Bumgarner H.B. No. 2206 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the reporting of certain public school employee |
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| 10 | 10 | | misconduct to local law enforcement. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 21.006, Education Code, is amended by |
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| 13 | 13 | | adding Subsection (b-3) and amending Subsections (i) and (j) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (b-3) The superintendent or director of a school district, |
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| 16 | 16 | | district of innovation, open-enrollment charter school, other |
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| 17 | 17 | | charter entity, regional education service center, or shared |
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| 18 | 18 | | services arrangement shall notify the police department of the |
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| 19 | 19 | | municipality in which the entity is located or, if the entity is not |
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| 20 | 20 | | in a municipality, the sheriff of the county in which the entity is |
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| 21 | 21 | | located not later than 48 hours after the date the superintendent or |
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| 22 | 22 | | director becomes aware that an educator is alleged to have engaged |
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| 23 | 23 | | in misconduct described by Subsection (b)(2)(A) or (A-1). |
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| 24 | 24 | | (i) If an educator serving as a superintendent or director |
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| 25 | 25 | | is required to provide notice under Subsection (b-3) or file a |
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| 26 | 26 | | report under Subsection (c) and fails to provide notice or file the |
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| 27 | 27 | | report by the date required by the applicable [that] subsection, or |
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| 28 | 28 | | if an educator serving as a principal is required to notify a |
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| 29 | 29 | | superintendent or director about an educator's criminal record or |
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| 30 | 30 | | alleged incident of misconduct under Subsection (b-2) and fails to |
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| 31 | 31 | | provide the notice by the date required by that subsection, the |
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| 32 | 32 | | State Board for Educator Certification may impose on the educator |
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| 33 | 33 | | an administrative penalty of not less than $500 and not more than |
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| 34 | 34 | | $10,000. The State Board for Educator Certification may not renew |
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| 35 | 35 | | the certification of an educator against whom an administrative |
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| 36 | 36 | | penalty is imposed under this subsection until the penalty is paid. |
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| 37 | 37 | | (j) A superintendent or director required to provide notice |
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| 38 | 38 | | under Subsection (b-3) or file a report under Subsection (c) |
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| 39 | 39 | | commits an offense if the superintendent or director fails to |
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| 40 | 40 | | provide notice or file the report by the date required by the |
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| 41 | 41 | | applicable [that] subsection with intent to conceal an educator's |
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| 42 | 42 | | criminal record or alleged incident of misconduct. A principal |
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| 43 | 43 | | required to notify a superintendent or director about an educator's |
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| 44 | 44 | | criminal record or alleged incident of misconduct under Subsection |
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| 45 | 45 | | (b-2) commits an offense if the principal fails to provide the |
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| 46 | 46 | | notice by the date required by that subsection with intent to |
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| 47 | 47 | | conceal an educator's criminal record or alleged incident of |
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| 48 | 48 | | misconduct. An offense under this subsection is a state jail |
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| 49 | 49 | | felony. |
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| 50 | 50 | | SECTION 2. Section 22.093, Education Code, is amended by |
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| 51 | 51 | | adding Subsection (c-1) and amending Subsections (i) and (k) to |
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| 52 | 52 | | read as follows: |
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| 53 | 53 | | (c-1) The superintendent or director of a school district, |
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| 54 | 54 | | district of innovation, open-enrollment charter school, other |
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| 55 | 55 | | charter entity, regional education service center, or shared |
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| 56 | 56 | | services arrangement shall notify the police department of the |
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| 57 | 57 | | municipality in which the entity is located or, if the entity is not |
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| 58 | 58 | | in a municipality, the sheriff of the county in which the entity is |
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| 59 | 59 | | located not later than 48 hours after the date the superintendent or |
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| 60 | 60 | | director becomes aware that an educator is alleged to have engaged |
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| 61 | 61 | | in misconduct described by Subsection (c)(1)(A) or (B). |
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| 62 | 62 | | (i) The commissioner shall refer an educator who fails to |
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| 63 | 63 | | provide notice under Subsection (c-1) or file a report in violation |
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| 64 | 64 | | of Subsection (f) to the State Board for Educator Certification, |
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| 65 | 65 | | and the board shall determine whether to impose sanctions against |
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| 66 | 66 | | the educator. |
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| 67 | 67 | | (k) A superintendent or director required to provide notice |
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| 68 | 68 | | under Subsection (c-1) or file a report under Subsection (f) |
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| 69 | 69 | | commits an offense if the superintendent or director fails to |
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| 70 | 70 | | provide notice or file the report by the date required by the |
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| 71 | 71 | | applicable [that] subsection with intent to conceal an employee's |
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| 72 | 72 | | criminal record or alleged incident of misconduct. A principal |
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| 73 | 73 | | required to notify a superintendent or director about an employee's |
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| 74 | 74 | | alleged incident of misconduct under Subsection (e) commits an |
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| 75 | 75 | | offense if the principal fails to provide the notice by the date |
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| 76 | 76 | | required by that subsection with intent to conceal an employee's |
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| 77 | 77 | | alleged incident of misconduct. An offense under this subsection |
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| 78 | 78 | | is a state jail felony. |
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| 79 | 79 | | SECTION 3. This Act takes effect September 1, 2025. |
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