By: Harless H.B. No. 4125
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that law enforcement agencies notify
school districts when a school district employee is under
investigation for certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Education Code, is amended by adding
Section 37.089 to read as follows:
Sec. 37.089. NOTIFICATION OF SCHOOL DISTRICT REGARDING
EMPLOYEE UNDER INVESTIGATION
(a) DEFINITIONS AND SCOPE. In this section:
(1) "Law enforcement agency" means any agency of this
state, or of a county, municipality, or other political subdivision
of this state, that employs peace officers and/or is responsible
for the enforcement of the Texas Penal Code and the investigation of
criminal offenses.
(2) "Educational Institution" means:
(A) A public school district as defined under the
Texas Education Code;
(B) An open-enrollment charter school under
Subchapter D, Chapter 12, Texas Education Code;
(C) A private school as defined by Texas law;
(D) An accredited academy of any other legally
recognized school entity operating within the state of Texas;
(3) "Educational Institution Employee" means an
individual employed by an educational institution as defined in
this section.
(b) INVESTIGATION NOTIFICATION REQUIREMENT. A law
enforcement agency that initiates an investigation, makes an
arrest, secures an indictment, or formally charges an educational
institution employee for:
(1) Any offense under Title 5, Penal Code, if the
alleged victim is a child under 18 years of age or a current student
in an educational institution;
(2) Any offense under Chapter 43, Penal Code, if the
alleged victim is a child under 18 years of age or a current student
in an educational institution; or
(3) Any felony offense, regardless of the age of the
alleged victim;
Shall notify the chief of police of the educational
institution where the employee is employed or, if the educational
institution does not have a police department, the superintendent,
chief executive officer, or designee of the educational
institution.
If the law enforcement agency determines that no charges will
be filed or the case is dismissed, the agency must notify the
educational institution within two working days to ensure that
administrative decisions are based on updated information.
(c) NOTIFICATION TIMELINES AND CONTENT. The notification
required under Subsection (b) must include:
(1) Oral Notification: The law enforcement agency
shall orally notify the district's superintendent or the chief of
police of the educational institution within 24 hours after the
investigation is initiated or before the next school day, whichever
is earlier; and
(2) Written Notification: Within seven days after the
date of the oral notice, the law enforcement agency shall send a
written notification marked "PERSONAL and CONFIDENTIAL" to the
district's superintendent or chief of police. The written
notification shall include:
(i) The nature of the investigation and any
relevant safety concerns;
(ii) The name of the individual under
investigation;
(iii) The date and time the oral notification was
provided; and
(iv) Any non-confidential facts necessary for
school administrators to determine student and staff safety
precautions.
(d) CONFIDENTIALITY, INVESTIGATION INTEGRITY, AND EVIDENCE
PROTECTION. The notifications listed under Subsection (c) shall
not disclose any confidential information prohibited by law or any
details that could compromise an active investigation, including
specific evidence, witness identities, or investigative
strategies, but shall provide sufficient information for the
educational institution to take any necessary administrative or
safety measures.
Any information received under this section may not be
disclosed to unauthorized individuals. The district's
superintendent or chief of police may only share this information
with:
(1) Law enforcement personnel involved in the
investigation;
(2) School administrators with direct responsibility
over the employee under investigation;
(3) Legal counsel for the educational institution; and
(4) Instructional and support personnel with direct
supervision responsibilities, if required for student safety.
Any unauthorized disclosure of information is subject to
disciplinary action and may be reported to the State Board for
Educator Certification for possible suspension or revocation of the
offending individual's educator certification.
(e) ONGOING UPDATES. The law enforcement agency shall
provide updates to the superintendent or chief of police as
necessary to ensure ongoing safety within the school environment.
(f) SCHOOL DISTRICT CONFIDENTIALITY OBLIGATION. An
educational institution receiving notification under this section
shall keep the information confidential and use it only for
purposes necessary to maintain student safety and administrative
compliance. The educational institution and law enforcement
agencies shall cooperate to determine how to maintain student
safety while not compromising the integrity of the criminal
investigation. Upon receiving a notification under this section,
the district's superintendent or chief of police shall immediately
notify all instructional and support personnel responsible for
supervising the employee under investigation if deemed necessary
for student safety. All personnel must keep this information
confidential, and any unauthorized disclosure of this information
shall be subject to disciplinary action as prescribed by state law.
(g) REPORTING REQUIREMENTS. A law enforcement agency
subject to this section shall submit an annual compliance report to
the Texas Education Agency, detailing:
(1) The number of notifications made;
(2) The timeliness of notifications;
(3) The number of written follow-ups completed; and
(4) Any instances of noncompliance and corrective
measures taken.
The Texas Education Agency shall establish a statewide
reporting system to track law enforcement agencies' compliance.
Failure to comply with this section shall be reported to the Texas
Commission on Law Enforcement for further action.
(h) STATE AGENCY ROLE AND TRANSPARENCY. The Texas Education
Agency shall oversee compliance with this section and may develop
guidelines to assist law enforcement agencies and educational
institutions in meeting notification requirements. The Texas
Education Agency shall also establish a structured communication
protocol to ensure transparency and accountability between law
enforcement agencies and educational institutions.
(i) TRAINING REQUIREMENTS AND PROACTIVE SAFETY MEASURES.
The Texas Education Agency shall develop and provide training
materials for school administrators regarding the appropriate
handling of notifications received under this section. The
training shall include:
(1) Best practices for maintaining student safety and
administrative compliance;
(2) Confidentiality measures to protect investigation
integrity;
(3) Coordination protocols between law enforcement
and school districts; and
(4) Guidance on placing employees on temporary
administrative leave pending investigation outcomes to mitigate
potential risks to students and staff while not compromising the
integrity of the investigation.
SECTION 2. This Act takes effect immediately if it receives
a vote of at least two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the necessary vote, it takes effect
September 1, 2025.