Texas 2025 - 89th Regular

Texas House Bill HB2378 Compare Versions

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

Old	New	Differences
1	1	89R11640 MM-D
2	2	By: Noble H.B. No. 2378
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain misconduct committed by an employee or security
10	10	personnel of a public school or certain other educational entities,
11	11	including the criminal offense of improper relationship with a
12	12	student.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. PROCEDURES RELATED TO EMPLOYEE AND SECURITY PERSONNEL
15	15	MISCONDUCT
16	16	SECTION 1.01. The heading to Subchapter C-1, Chapter 22,
17	17	Education Code, is amended to read as follows:
18	18	SUBCHAPTER C-1. PERSONS NOT ELIGIBLE TO BE EMPLOYED OR PROVIDE
19	19	SECURITY OR LAW ENFORCEMENT SERVICES [FOR EMPLOYMENT] IN PUBLIC
20	20	SCHOOLS
21	21	SECTION 1.02. The heading to Section 22.092, Education
22	22	Code, is amended to read as follows:
23	23	Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE TO BE
24	24	EMPLOYED OR PROVIDE SECURITY OR LAW ENFORCEMENT SERVICES [FOR
25	25	EMPLOYMENT] IN PUBLIC SCHOOLS.
26	26	SECTION 1.03. Sections 22.092(a), (b), and (c), Education
27	27	Code, are amended to read as follows:
28	28	(a) The agency shall maintain and make available through the
29	29	Internet portal developed and maintained by the agency under
30	30	Section 22.095 a registry of persons who are not eligible to be
31	31	employed by or to provide security or law enforcement services at a
32	32	school district, district of innovation, open-enrollment charter
33	33	school, other charter entity, regional education service center, or
34	34	shared services arrangement.
35	35	(b) A school district, district of innovation,
36	36	open-enrollment charter school, other charter entity, regional
37	37	education service center, or shared services arrangement shall
38	38	discharge, terminate the contract or assignment of, or refuse to
39	39	hire, contract with, or accept the assignment of a person listed on
40	40	the registry maintained under this section.
41	41	(c) The registry maintained under this section must list the
42	42	following persons as not eligible to be employed by or provide
43	43	security or law enforcement services at public schools:
44	44	(1) a person determined by the agency under Section
45	45	22.0832 as a person who would not be eligible for educator
46	46	certification under Subchapter B, Chapter 21;
47	47	(2) a person determined by the agency to be not
48	48	eligible for employment based on the person's criminal history
49	49	record information review, as provided by Section 22.0833;
50	50	(3) a person who is not eligible for employment based
51	51	on criminal history record information received by the agency under
52	52	Section 21.058(b);
53	53	(4) a person whose certification or permit issued
54	54	under Subchapter B, Chapter 21, is revoked by the State Board for
55	55	Educator Certification on a finding that the person engaged in
56	56	misconduct described by Section 21.006(b)(2)(A) or (A-1); and
57	57	(5) a person who is determined by the commissioner
58	58	under Section 22.094 to have engaged in misconduct described by
59	59	Section 22.093(c)(1)(A) or (B).
60	60	SECTION 1.04. The heading to Section 22.093, Education
61	61	Code, is amended to read as follows:
62	62	Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE OR SECURITY
63	63	PERSONNEL MISCONDUCT.
64	64	SECTION 1.05. Sections 22.093(b), (c), (d), (e), (f), (g),
65	65	(j), and (k), Education Code, are amended to read as follows:
66	66	(b) This section applies to a person who is:
67	67	(1) employed by a school district, district of
68	68	innovation, open-enrollment charter school, other charter entity,
69	69	regional education service center, or shared services arrangement
70	70	[and] who does not hold a certification or permit issued under
71	71	Subchapter B, Chapter 21; or
72	72	(2) a peace officer, school resource officer, or other
73	73	security officer who provides security or law enforcement services
74	74	for a school district, district of innovation, open-enrollment
75	75	charter school, other charter entity, regional education service
76	76	center, or shared services arrangement, regardless of whether the
77	77	officer is employed by one of those entities, a contractor, or a
78	78	local law enforcement agency.
79	79	(c) In addition to the reporting requirement under Section
80	80	261.101, Family Code, the superintendent or director of a school
81	81	district, district of innovation, open-enrollment charter school,
82	82	other charter entity, regional education service center, or shared
83	83	services arrangement shall notify the commissioner if:
84	84	(1) an employee's employment, security officer's
85	85	contract, or school resource officer's assignment at the school
86	86	district, district of innovation, charter school, other charter
87	87	entity, service center, or shared services arrangement was
88	88	terminated and there is evidence that the employee, security
89	89	officer, or school resource officer:
90	90	(A) abused or otherwise committed an unlawful act
91	91	with a student or minor; or
92	92	(B) was involved in a romantic relationship with
93	93	or solicited or engaged in sexual contact with a student or minor;
94	94	or
95	95	(2) the employee resigned or the security officer's
96	96	contract or school resource officer's assignment was terminated and
97	97	there is evidence that the employee, security officer, or school
98	98	resource officer engaged in misconduct described by Subdivision
99	99	(1).
100	100	(d) A superintendent or director of a school district,
101	101	district of innovation, open-enrollment charter school, other
102	102	charter entity, regional education service center, or shared
103	103	services arrangement shall complete an investigation of an
104	104	employee, security officer, or school resource officer that
105	105	involves evidence that the employee or officer may have engaged in
106	106	misconduct described by Subsection (c)(1)(A) or (B), despite the
107	107	employee's resignation from employment or termination of the
108	108	officer's contract or assignment before completion of the
109	109	investigation.
110	110	(e) The principal of a school district, district of
111	111	innovation, open-enrollment charter school, or other charter
112	112	entity campus must notify the superintendent or director of the
113	113	school district, district of innovation, charter school, or other
114	114	charter entity not later than the seventh business day after the
115	115	date of an employee's termination of employment or resignation or
116	116	the termination of a security officer's contract or school resource
117	117	officer's assignment following an alleged incident of misconduct
118	118	described by Subsection (c)(1)(A) or (B).
119	119	(f) The superintendent or director must notify the
120	120	commissioner by filing a report with the commissioner not later
121	121	than the seventh business day after the date the superintendent or
122	122	director receives a report from a principal under Subsection (e) or
123	123	knew about an employee's termination of employment or resignation
124	124	or the termination of a security officer's contract or school
125	125	resource officer's assignment following an alleged incident of
126	126	misconduct described by Subsection (c)(1)(A) or (B). The report
127	127	must be:
128	128	(1) in writing; and
129	129	(2) in a form prescribed by the commissioner.
130	130	(g) The superintendent or director shall notify the board of
131	131	trustees or governing body of the school district, district of
132	132	innovation, open-enrollment charter school, other charter entity,
133	133	regional education service center, or shared services arrangement
134	134	and the employee, security officer, or school resource officer of
135	135	the filing of the report required by Subsection (f).
136	136	(j) The name of a student or minor who is the victim of abuse
137	137	or unlawful conduct by an employee, security officer, or school
138	138	resource officer must be included in a report filed under this
139	139	section, but the name of the student or minor is not public
140	140	information under Chapter 552, Government Code.
141	141	(k) A superintendent or director required to file a report
142	142	under Subsection (f) commits an offense if the superintendent or
143	143	director fails to file the report by the date required by that
144	144	subsection with intent to conceal an employee's, security
145	145	officer's, or school resource officer's criminal record or alleged
146	146	incident of misconduct. A principal required to notify a
147	147	superintendent or director about an employee's or officer's alleged
148	148	incident of misconduct under Subsection (e) commits an offense if
149	149	the principal fails to provide the notice by the date required by
150	150	that subsection with intent to conceal an employee's or officer's
151	151	alleged incident of misconduct. An offense under this subsection
152	152	is a state jail felony.
153	153	SECTION 1.06. Section 21.0061, Education Code, is
154	154	transferred to Subchapter C-1, Chapter 22, Education Code,
155	155	redesignated as Section 22.0935, Education Code, and amended to
156	156	read as follows:
157	157	Sec. 22.0935 [21.0061]. NOTICE TO PARENT OR GUARDIAN ABOUT
158	158	EMPLOYEE OR SECURITY PERSONNEL [EDUCATOR] MISCONDUCT. (a) The
159	159	board of trustees or governing body of a school district, district
160	160	of innovation, open-enrollment charter school, other charter
161	161	entity, regional education service center, or shared services
162	162	arrangement shall adopt a policy under which notice is provided to
163	163	the parent or guardian of a student with whom an employee, security
164	164	officer, or school resource officer [educator] is alleged to have
165	165	engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1)
166	166	or 22.093(c)(1)(A) or (B), as applicable, informing the parent or
167	167	guardian:
168	168	(1) that the alleged misconduct occurred;
169	169	(2) whether the employee's employment, security
170	170	officer's contract, or school resource officer's assignment
171	171	[educator] was terminated following an investigation of the alleged
172	172	misconduct or that the employee, security officer, or school
173	173	resource officer resigned before completion of the investigation;
174	174	and
175	175	(3) if the individual alleged to have engaged in
176	176	misconduct was an educator, whether a report was submitted to the
177	177	State Board for Educator Certification concerning the alleged
178	178	misconduct.
179	179	(b) The policy required by this section must require that
180	180	information specified by Subsection (a)(1) be provided as soon as
181	181	feasible after the [employing] entity described by Subsection (a)
182	182	becomes aware that alleged misconduct may have occurred.
183	183	(c) In this section, "other charter entity" has the meaning
184	184	assigned by Section 21.006.
185	185	SECTION 1.07. Section 22.095, Education Code, is amended to
186	186	read as follows:
187	187	Sec. 22.095. INTERNET PORTAL. The agency shall develop and
188	188	maintain an Internet portal through which:
189	189	(1) a report required under Section 22.093(f) may be
190	190	confidentially and securely filed; and
191	191	(2) the agency makes available:
192	192	(A) the registry of persons who are not eligible
193	193	to be employed by or to provide security or law enforcement services
194	194	at [in] public schools as described by Section 22.092; and
195	195	(B) information indicating that a person is under
196	196	investigation for alleged misconduct in accordance with Section
197	197	22.094(d), provided that the agency must provide the information
198	198	through a procedure other than the registry described under
199	199	Paragraph (A).
200	200	SECTION 1.08. The heading to Section 21.12, Penal Code, is
201	201	amended to read as follows:
202	202	Sec. 21.12. IMPROPER RELATIONSHIP WITH A [BETWEEN EDUCATOR
203	203	AND] STUDENT.
204	204	SECTION 1.09. Sections 21.12(a), (d), and (d-1), Penal
205	205	Code, are amended to read as follows:
206	206	(a) An employee of a public or private primary or secondary
207	207	school, a school security officer contracted under Section 37.081,
208	208	Education Code, to provide security services at a public school, or
209	209	a school resource officer assigned to provide law enforcement at a
210	210	public school under that section commits an offense if the person
211	211	[employee]:
212	212	(1) engages in sexual contact, sexual intercourse, or
213	213	deviate sexual intercourse with a person who is enrolled in a public
214	214	or private primary or secondary school at which the person
215	215	[employee] works or provides security or law enforcement services;
216	216	(2) holds a position described by Section 21.003(a) or
217	217	(b), Education Code, regardless of whether the employee holds the
218	218	appropriate certificate, permit, license, or credential for the
219	219	position, and engages in sexual contact, sexual intercourse, or
220	220	deviate sexual intercourse with a person the employee knows is:
221	221	(A) enrolled in a public or private primary or
222	222	secondary school, other than a school described by Subdivision (1);
223	223	or
224	224	(B) a student participant in an educational
225	225	activity that is sponsored by a school district or a public or
226	226	private primary or secondary school, if students enrolled in a
227	227	public or private primary or secondary school are the primary
228	228	participants in the activity; or
229	229	(3) engages in conduct described by Section 33.021,
230	230	with a person described by Subdivision (1), or a person the actor
231	231	[employee] knows is a person described by Subdivision (2)(A) or
232	232	(B), regardless of the age of that person.
233	233	(d) The name of a person who is enrolled in a public or
234	234	private primary or secondary school and involved in an improper
235	235	relationship [with an educator] as provided by Subsection (a) may
236	236	not be released to the public and is not public information under
237	237	Chapter 552, Government Code.
238	238	(d-1) Except as otherwise provided by this subsection, a
239	239	public or private primary or secondary school, or a person or entity
240	240	that operates a public or private primary or secondary school, may
241	241	not release externally to the general public the name of a person
242	242	[an employee of the school] who is accused of committing an offense
243	243	under this section until the person [employee] is indicted for the
244	244	offense. The school, or the person or entity that operates the
245	245	school, may release the name of the accused person [employee]
246	246	regardless of whether the accused person [employee] has been
247	247	indicted for the offense as necessary for the school to:
248	248	(1) report the accusation:
249	249	(A) to the Texas Education Agency, another state
250	250	agency, or local law enforcement or as otherwise required by law; or
251	251	(B) to the school's members or community in
252	252	accordance with the school's policies or procedures or with the
253	253	religious law observed by the school; or
254	254	(2) conduct an investigation of the accusation.
255	255	ARTICLE 2. CONFORMING CHANGES
256	256	SECTION 2.01. Article 2B.0202(a), Code of Criminal
257	257	Procedure, is amended to read as follows:
258	258	(a) Unless good cause exists that makes electronic
259	259	recording infeasible, a law enforcement agency shall make a
260	260	complete and contemporaneous electronic recording of any custodial
261	261	interrogation that occurs in a place of detention and is of an
262	262	individual suspected of committing or charged with the commission
263	263	of an offense under the following provisions of the Penal Code:
264	264	(1) Section 19.02 (murder);
265	265	(2) Section 19.03 (capital murder);
266	266	(3) Section 20.03 (kidnapping);
267	267	(4) Section 20.04 (aggravated kidnapping);
268	268	(5) Section 20A.02 (trafficking of persons);
269	269	(6) Section 20A.03 (continuous trafficking of
270	270	persons);
271	271	(7) Section 21.02 (continuous sexual abuse of young
272	272	child or disabled individual);
273	273	(8) Section 21.11 (indecency with a child);
274	274	(9) Section 21.12 (improper relationship with a
275	275	[between educator and] student);
276	276	(10) Section 22.011 (sexual assault);
277	277	(11) Section 22.021 (aggravated sexual assault); or
278	278	(12) Section 43.25 (sexual performance by a child).
279	279	SECTION 2.02. Section 12.0271, Education Code, is amended
280	280	to read as follows:
281	281	Sec. 12.0271. FAILURE TO DISCHARGE, TERMINATE CONTRACT OR
282	282	ASSIGNMENT OF, OR REFUSE TO HIRE, CONTRACT WITH, OR ACCEPT
283	283	ASSIGNMENT OF CERTAIN EMPLOYEES, [OR] APPLICANTS, OR SECURITY
284	284	PERSONNEL. A home-rule school district commits a material
285	285	violation of the school district's charter if the school district
286	286	fails to comply with the duty to:
287	287	(1) discharge or refuse to hire certain employees or
288	288	applicants for employment under Section 22.085; or
289	289	(2) discharge, terminate the contract or assignment
290	290	of, or refuse to hire, contract with, or accept the assignment of a
291	291	person listed on the registry maintained under Section 22.092.
292	292	SECTION 2.03. Section 12.0631, Education Code, is amended
293	293	to read as follows:
294	294	Sec. 12.0631. FAILURE TO DISCHARGE, TERMINATE CONTRACT OR
295	295	ASSIGNMENT OF, OR REFUSE TO HIRE, CONTRACT WITH, OR ACCEPT
296	296	ASSIGNMENT OF CERTAIN EMPLOYEES, [OR] APPLICANTS, OR SECURITY
297	297	PERSONNEL. A campus or campus program granted a charter under this
298	298	subchapter commits a material violation of its charter if the
299	299	campus or program fails to comply with the duty to:
300	300	(1) discharge or refuse to hire certain employees or
301	301	applicants for employment under Section 12.1059 or[,] 22.085;[,] or
302	302	(2) discharge, terminate the contract or assignment
303	303	of, or refuse to hire, contract with, or accept the assignment of a
304	304	person listed on the registry maintained under Section 22.092.
305	305	SECTION 2.04. Section 12.1151, Education Code, is amended
306	306	to read as follows:
307	307	Sec. 12.1151. FAILURE TO DISCHARGE, TERMINATE CONTRACT OR
308	308	ASSIGNMENT OF, OR REFUSE TO HIRE, CONTRACT WITH, OR ACCEPT
309	309	ASSIGNMENT OF CERTAIN EMPLOYEES, [OR] APPLICANTS, OR SECURITY
310	310	PERSONNEL. An open-enrollment charter school commits a material
311	311	violation of the school's charter if the school fails to comply with
312	312	the duty to:
313	313	(1) discharge or refuse to hire certain employees or
314	314	applicants for employment under Section 12.1059 or[,] 22.085;[,] or
315	315	(2) discharge, terminate the contract or assignment
316	316	of, or refuse to hire, contract with, or accept the assignment of a
317	317	person listed on the registry maintained under Section 22.092.
318	318	SECTION 2.05. Section 12A.008(b-1), Education Code, is
319	319	amended to read as follows:
320	320	(b-1) The commissioner may terminate a district's
321	321	designation as a district of innovation if the district fails to
322	322	comply with the duty to:
323	323	(1) discharge or refuse to hire certain employees or
324	324	applicants for employment under Section 12.1059, applicable to the
325	325	district under Section 12A.004(a)(1), or Section 22.085; or
326	326	(2) discharge, terminate the contract or assignment
327	327	of, or refuse to hire, contract with, or accept the assignment of a
328	328	person listed on the registry maintained under Section 22.092.
329	329	SECTION 2.06. Section 21.054(e), Education Code, is amended
330	330	to read as follows:
331	331	(e) Continuing education requirements for a principal must
332	332	provide that not more than 25 percent of the training required every
333	333	five years include instruction regarding:
334	334	(1) effective and efficient management, including:
335	335	(A) collecting and analyzing information;
336	336	(B) making decisions and managing time; and
337	337	(C) supervising student discipline and managing
338	338	behavior;
339	339	(2) recognizing early warning indicators that a
340	340	student may be at risk of dropping out of school;
341	341	(3) digital learning, digital teaching, and
342	342	integrating technology into campus curriculum and instruction;
343	343	(4) effective implementation of a comprehensive
344	344	school counseling program under Section 33.005;
345	345	(5) mental health programs addressing a mental health
346	346	condition;
347	347	(6) educating diverse student populations, including:
348	348	(A) students who are educationally
349	349	disadvantaged;
350	350	(B) emergent bilingual students; and
351	351	(C) students at risk of dropping out of school;
352	352	and
353	353	(7) preventing, recognizing, and reporting any
354	354	improper relationship with a [sexual conduct between an educator
355	355	and] student that is prohibited under Section 21.12, Penal Code, or
356	356	any other conduct for which reporting is required under Section
357	357	21.006 of this code.
358	358	SECTION 2.07. Section 33.913(b), Education Code, is amended
359	359	to read as follows:
360	360	(b) To participate in the program as a tutor, a person must:
361	361	(1) be an active or retired teacher;
362	362	(2) apply for the position in a manner specified by the
363	363	nonprofit organization;
364	364	(3) designate in the application whether the person
365	365	plans to provide tutoring:
366	366	(A) for compensation, on a volunteer basis, or
367	367	both; and
368	368	(B) in person, online, or both; and
369	369	(4) not be included in the registry of persons not
370	370	eligible to be employed by or provide security or law enforcement
371	371	services at [for employment by] a public school under Section
372	372	22.092.
373	373	SECTION 2.08. Section 824.009(a), Government Code, is
374	374	amended to read as follows:
375	375	(a) In this section, "qualifying felony" means an offense
376	376	that is punishable as a felony under the following sections of the
377	377	Penal Code:
378	378	(1) Section 21.02 (continuous sexual abuse of young
379	379	child or disabled individual);
380	380	(2) Section 21.12 (improper relationship with a
381	381	[between educator and] student);
382	382	(3) Section 22.011 (sexual assault) or Section 22.021
383	383	(aggravated sexual assault); or
384	384	(4) Section 43.24 (sale, distribution, or display of
385	385	harmful material to minor).
386	386	SECTION 2.09. Section 250.006(a), Health and Safety Code,
387	387	is amended to read as follows:
388	388	(a) A person for whom the facility or the individual
389	389	employer is entitled to obtain criminal history record information
390	390	may not be employed in a facility or by an individual employer if
391	391	the person has been convicted of an offense listed in this
392	392	subsection:
393	393	(1) an offense under Chapter 19, Penal Code (criminal
394	394	homicide);
395	395	(2) an offense under Chapter 20, Penal Code
396	396	(kidnapping, unlawful restraint, and smuggling of persons);
397	397	(3) an offense under Section 21.02, Penal Code
398	398	(continuous sexual abuse of young child or disabled individual), or
399	399	Section 21.11, Penal Code (indecency with a child);
400	400	(4) an offense under Section 22.011, Penal Code
401	401	(sexual assault);
402	402	(5) an offense under Section 22.02, Penal Code
403	403	(aggravated assault);
404	404	(6) an offense under Section 22.04, Penal Code (injury
405	405	to a child, elderly individual, or disabled individual);
406	406	(7) an offense under Section 22.041, Penal Code
407	407	(abandoning or endangering a child, elderly individual, or disabled
408	408	individual);
409	409	(8) an offense under Section 22.08, Penal Code (aiding
410	410	suicide);
411	411	(9) an offense under Section 25.031, Penal Code
412	412	(agreement to abduct from custody);
413	413	(10) an offense under Section 25.08, Penal Code (sale
414	414	or purchase of child);
415	415	(11) an offense under Section 28.02, Penal Code
416	416	(arson);
417	417	(12) an offense under Section 29.02, Penal Code
418	418	(robbery);
419	419	(13) an offense under Section 29.03, Penal Code
420	420	(aggravated robbery);
421	421	(14) an offense under Section 21.08, Penal Code
422	422	(indecent exposure);
423	423	(15) an offense under Section 21.12, Penal Code
424	424	(improper relationship with a [between educator and] student);
425	425	(16) an offense under Section 21.15, Penal Code
426	426	(invasive visual recording);
427	427	(17) an offense under Section 22.05, Penal Code
428	428	(deadly conduct);
429	429	(18) an offense under Section 22.021, Penal Code
430	430	(aggravated sexual assault);
431	431	(19) an offense under Section 22.07, Penal Code
432	432	(terroristic threat);
433	433	(20) an offense under Section 32.53, Penal Code
434	434	(exploitation of child, elderly individual, or disabled
435	435	individual);
436	436	(21) an offense under Section 33.021, Penal Code
437	437	(online solicitation of a minor);
438	438	(22) an offense under Section 34.02, Penal Code (money
439	439	laundering);
440	440	(23) an offense under Section 35A.02, Penal Code
441	441	(health care fraud);
442	442	(24) an offense under Section 36.06, Penal Code
443	443	(obstruction or retaliation);
444	444	(25) an offense under Section 42.09, Penal Code
445	445	(cruelty to livestock animals), or under Section 42.092, Penal Code
446	446	(cruelty to nonlivestock animals); or
447	447	(26) a conviction under the laws of another state,
448	448	federal law, or the Uniform Code of Military Justice for an offense
449	449	containing elements that are substantially similar to the elements
450	450	of an offense listed by this subsection.
451	451	ARTICLE 3. TRANSITION; EFFECTIVE DATE
452	452	SECTION 3.01. The change in law made by this Act applies
453	453	only to an offense committed on or after the effective date of this
454	454	Act. An offense committed before the effective date of this Act is
455	455	governed by the law in effect on the date the offense was committed,
456	456	and the former law is continued in effect for that purpose. For
457	457	purposes of this section, an offense was committed before the
458	458	effective date of this Act if any element of the offense occurred
459	459	before that date.
460	460	SECTION 3.02. This Act takes effect September 1, 2025.