Texas 2025 - 89th Regular

Texas House Bill HB3991 Compare Versions

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

Old	New	Differences
1	1	89R11700 KJE-D
2	2	By: Y. Davis of Dallas H.B. No. 3991
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to misconduct by public school employees and to persons
10	10	who must be listed in the registry of persons not eligible for
11	11	employment in public schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 21.006(a), Education Code, is amended by
14	14	adding Subdivision (1-a) to read as follows:
15	15	(1-a) "Neglect" has the meaning assigned by Section
16	16	261.001, Family Code.
17	17	SECTION 2. Section 21.006(b), Education Code, is amended to
18	18	read as follows:
19	19	(b) In addition to the reporting requirement under Section
20	20	261.101, Family Code, and except as provided by Subsection (c-2),
21	21	the superintendent or director of a school district, district of
22	22	innovation, open-enrollment charter school, other charter entity,
23	23	regional education service center, or shared services arrangement
24	24	shall notify the State Board for Educator Certification if:
25	25	(1) an educator employed by or seeking employment by
26	26	the school district, district of innovation, charter school, other
27	27	charter entity, service center, or shared services arrangement has
28	28	a criminal record and the school district, district of innovation,
29	29	charter school, other charter entity, service center, or shared
30	30	services arrangement obtained information about the educator's
31	31	criminal record by a means other than the criminal history
32	32	clearinghouse established under Section 411.0845, Government Code;
33	33	(2) an educator's employment at the school district,
34	34	district of innovation, charter school, other charter entity,
35	35	service center, or shared services arrangement was terminated and
36	36	there is evidence that the educator:
37	37	(A) abused, neglected, or otherwise committed an
38	38	unlawful act with a student or minor;
39	39	(A-1) was involved in a romantic relationship
40	40	with or solicited or engaged in sexual contact with a student or
41	41	minor;
42	42	(B) possessed, transferred, sold, or
43	43	distributed:
44	44	(i) marihuana or a controlled substance, as
45	45	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
46	46	Section 801 et seq.; or
47	47	(ii) a dangerous drug, as defined by
48	48	Chapter 483, Health and Safety Code;
49	49	(C) while on or within 300 feet of school
50	50	property, as measured from any point on the school's real property
51	51	boundary line, or while attending a school-sponsored or
52	52	school-related activity on or off of school property, engaged in an
53	53	offense relating to an abusable volatile chemical under Section
54	54	485.031, 485.032, or 485.033, Health and Safety Code;
55	55	(D) sold, gave, or delivered to a student or
56	56	minor an alcoholic beverage, as defined by Section 1.04, Alcoholic
57	57	Beverage Code;
58	58	(E) illegally transferred, appropriated, or
59	59	expended funds or other property of the school district, district
60	60	of innovation, charter school, other charter entity, service
61	61	center, or shared services arrangement;
62	62	(F) [(D)] attempted by fraudulent or
63	63	unauthorized means to obtain or alter a professional certificate or
64	64	license for the purpose of promotion or additional compensation;
65	65	[or]
66	66	(G) [(E)] committed a criminal offense or any
67	67	part of a criminal offense on school property or at a
68	68	school-sponsored event; or
69	69	(H) committed a criminal offense:
70	70	(i) punishable as a felony;
71	71	(ii) under Chapter 21, Penal Code;
72	72	(iii) under Section 22.05, Penal Code; or
73	73	(iv) under Section 37.10, Penal Code;
74	74	(3) the educator resigned and there is evidence that
75	75	the educator engaged in misconduct described by Subdivision (2); or
76	76	(4) the educator engaged in conduct that violated the
77	77	assessment instrument security procedures established under
78	78	Section 39.0301 or committed a criminal offense under Section
79	79	39.0303.
80	80	SECTION 3. Section 21.007(b), Education Code, is amended to
81	81	read as follows:
82	82	(b) The board shall adopt a procedure for placing a notice
83	83	of alleged misconduct on an educator's public certification
84	84	records. The procedure adopted by the board must provide for
85	85	immediate placement of a notice of alleged misconduct on an
86	86	educator's public certification records if the alleged misconduct
87	87	presents a risk to the health, safety, or welfare of a student or
88	88	minor, as described by Section 21.006(b)(2)(A), (A-1), (B), (C),
89	89	(D), (F), (G), or (H) or as determined by the board.
90	90	SECTION 4. Section 22.092(c), Education Code, is amended to
91	91	read as follows:
92	92	(c) The registry maintained under this section must list the
93	93	following persons as not eligible to be employed by public schools:
94	94	(1) a person determined by the agency under Section
95	95	22.0832 as a person who would not be eligible for educator
96	96	certification under Subchapter B, Chapter 21;
97	97	(2) a person determined by the agency to be not
98	98	eligible for employment based on the person's criminal history
99	99	record information review, as provided by Section 22.0833;
100	100	(3) a person who is not eligible for employment based
101	101	on criminal history record information received by the agency under
102	102	Section 21.058(b);
103	103	(4) a person whose certification or permit issued
104	104	under Subchapter B, Chapter 21, is revoked by the State Board for
105	105	Educator Certification on a finding that the person engaged in
106	106	misconduct described by Section 21.006(b)(2)(A) or (A-1); and
107	107	(5) a person who is determined by the commissioner
108	108	under Section 22.094 to have engaged in misconduct described by
109	109	Section 22.093(c)(1) [22.093(c)(1)(A) or (B)].
110	110	SECTION 5. Sections 22.093(a), (c), (e), and (f), Education
111	111	Code, are amended to read as follows:
112	112	(a) In this section:
113	113	(1) "Abuse" [, "abuse"] has the meaning assigned by
114	114	Section 261.001, Family Code, and includes any sexual conduct
115	115	involving a student or minor.
116	116	(2) "Neglect" has the meaning assigned by Section
117	117	261.001, Family Code.
118	118	(c) In addition to the reporting requirement under Section
119	119	261.101, Family Code, the superintendent or director of a school
120	120	district, district of innovation, open-enrollment charter school,
121	121	other charter entity, regional education service center, or shared
122	122	services arrangement shall notify the commissioner if:
123	123	(1) an employee's employment at the school district,
124	124	district of innovation, charter school, other charter entity,
125	125	service center, or shared services arrangement was terminated and
126	126	there is evidence that the employee:
127	127	(A) abused, neglected, or otherwise committed an
128	128	unlawful act with a student or minor; [or]
129	129	(B) was involved in a romantic relationship with
130	130	or solicited or engaged in sexual contact with a student or minor;
131	131	(C) possessed, transferred, sold, or
132	132	distributed:
133	133	(i) marihuana or a controlled substance, as
134	134	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
135	135	Section 801 et seq.; or
136	136	(ii) a dangerous drug, as defined by
137	137	Chapter 483, Health and Safety Code;
138	138	(D) while on or within 300 feet of school
139	139	property, as measured from any point on the school's real property
140	140	boundary line, or while attending a school-sponsored or
141	141	school-related activity on or off of school property, engaged in an
142	142	offense relating to an abusable volatile chemical under Section
143	143	485.031, 485.032, or 485.033, Health and Safety Code;
144	144	(E) sold, gave, or delivered to a student or
145	145	minor an alcoholic beverage, as defined by Section 1.04, Alcoholic
146	146	Beverage Code;
147	147	(F) attempted by fraudulent or unauthorized
148	148	means to obtain or alter a professional certificate or license for
149	149	the purpose of promotion or additional compensation;
150	150	(G) committed a criminal offense or any part of a
151	151	criminal offense on school property or at a school-sponsored event;
152	152	or
153	153	(H) committed a criminal offense:
154	154	(i) punishable as a felony;
155	155	(ii) under Chapter 21, Penal Code;
156	156	(iii) under Section 22.05, Penal Code; or
157	157	(iv) under Section 37.10, Penal Code; or
158	158	(2) the employee resigned and there is evidence that
159	159	the employee engaged in misconduct described by Subdivision (1).
160	160	(e) The principal of a school district, district of
161	161	innovation, open-enrollment charter school, or other charter
162	162	entity campus must notify the superintendent or director of the
163	163	school district, district of innovation, charter school, or other
164	164	charter entity not later than the seventh business day after the
165	165	date of an employee's termination of employment or resignation
166	166	following an alleged incident of misconduct described by Subsection
167	167	(c)(1) [(c)(1)(A) or (B)].
168	168	(f) The superintendent or director must notify the
169	169	commissioner by filing a report with the commissioner not later
170	170	than the seventh business day after the date the superintendent or
171	171	director receives a report from a principal under Subsection (e) or
172	172	knew about an employee's termination of employment or resignation
173	173	following an alleged incident of misconduct described by Subsection
174	174	(c)(1) [(c)(1)(A) or (B)]. The report must be:
175	175	(1) in writing; and
176	176	(2) in a form prescribed by the commissioner.
177	177	SECTION 6. Sections 22.094(a), (e), (f), and (g), Education
178	178	Code, are amended to read as follows:
179	179	(a) A person described by Section 22.093(b) and who is the
180	180	subject of a report that alleges misconduct described by Section
181	181	22.093(c)(1) [22.093(c)(1)(A) or (B)] or who is identified as
182	182	having engaged in that misconduct using the interagency reportable
183	183	conduct search engine established under Chapter 810, Health and
184	184	Safety Code, is entitled to a hearing on the merits of the
185	185	allegations of misconduct under the procedures provided by Chapter
186	186	2001, Government Code, to contest the allegation in the report or
187	187	search engine.
188	188	(e) If a person entitled to a hearing under Subsection (a)
189	189	does not request a hearing as provided by Subsection (c), the
190	190	commissioner shall:
191	191	(1) based on the report filed under Section 22.093(f)
192	192	or the identification described by Subsection (a), make a
193	193	determination whether the person engaged in misconduct; and
194	194	(2) if the commissioner determines that the person
195	195	engaged in misconduct described by Section 22.093(c)(1)
196	196	[22.093(c)(1)(A) or (B)], instruct the agency to add the person's
197	197	name to the registry maintained under Section 22.092.
198	198	(f) If a person entitled to a hearing under Subsection (a)
199	199	requests a hearing as provided by Subsection (c) and the final
200	200	decision in that hearing determines that the person engaged in
201	201	misconduct described by Section 22.093(c)(1) [22.093(c)(1)(A) or
202	202	(B)], the commissioner shall instruct the agency to add the
203	203	person's name to the registry maintained under Section 22.092.
204	204	(g) If a person entitled to a hearing under Subsection (a)
205	205	requests a hearing as provided by Subsection (c) and the final
206	206	decision in that hearing determines that the person did not engage
207	207	in misconduct described by Section 22.093(c)(1) [22.093(c)(1)(A)
208	208	or (B)], the commissioner shall instruct the agency to immediately
209	209	remove from the Internet portal developed and maintained by the
210	210	agency under Section 22.095 the information indicating that the
211	211	person is under investigation for alleged misconduct.
212	212	SECTION 7. This Act applies beginning with the 2025-2026
213	213	school year.
214	214	SECTION 8. This Act takes effect immediately if it receives
215	215	a vote of two-thirds of all the members elected to each house, as
216	216	provided by Section 39, Article III, Texas Constitution. If this
217	217	Act does not receive the vote necessary for immediate effect, this
218	218	Act takes effect September 1, 2025.