| 1 | 1 | | By: Perry, Kolkhorst, Parker S.B. No. 1874 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to immunity from certain disciplinary proceedings against |
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| 9 | 9 | | a professional employee of a school district for certain actions |
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| 10 | 10 | | concerning public school discipline and law and order. |
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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. Subchapter B, Chapter 22, Education Code, is |
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| 13 | 13 | | amended by adding Section 22.05121 to read as follows: |
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| 14 | 14 | | Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR |
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| 15 | 15 | | ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a) In this |
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| 16 | 16 | | section, "disciplinary proceeding" means: |
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| 17 | 17 | | (1) an action brought by the school district employing |
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| 18 | 18 | | a professional employee of a school district to discharge or |
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| 19 | 19 | | suspend the employee or terminate or not renew the employee's term |
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| 20 | 20 | | contract; or |
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| 21 | 21 | | (2) an action or proceeding brought by the State Board |
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| 22 | 22 | | for Educator Certification. |
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| 23 | 23 | | (b) A professional employee of a school district may not be |
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| 24 | 24 | | subject to disciplinary proceedings for: |
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| 25 | 25 | | (1) the reporting of a violation of Chapter 37 to |
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| 26 | 26 | | another professional employee of a school district, the agency, or |
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| 27 | 27 | | a law enforcement agency; or |
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| 28 | 28 | | (2) an action taken in good faith to remove a student |
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| 29 | 29 | | from class under Section 37.002. |
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| 30 | 30 | | (c) The immunity provided by Subsection (b) is in addition |
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| 31 | 31 | | to any other immunity provided by law. This section may not be |
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| 32 | 32 | | construed to interfere with any other immunity provided by law. |
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| 33 | 33 | | SECTION 2. This Act applies to a disciplinary proceeding |
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| 34 | 34 | | for conduct that occurs before, on, or after the effective date of |
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| 35 | 35 | | this Act, except that a disciplinary proceeding finally resolved |
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| 36 | 36 | | before the effective date of this Act is unaffected by this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2025. |
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