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A BILL TO BE ENTITLED
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AN ACT
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relating to certain educator misconduct; imposing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.12(a) and (b-1), Penal Code, are |
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amended to read as follows: |
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(a) An employee of a public or private primary or secondary |
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school commits an offense if the employee: |
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(1) engages in[:
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[(1)] sexual contact, sexual intercourse, or deviate |
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sexual intercourse with a person who is enrolled in a public or |
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private primary or secondary school at which the employee works; |
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[or] |
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(2) holds a certificate or permit issued as provided |
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by Subchapter B, Chapter 21, Education Code, or is a person who is |
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required to be licensed by a state agency as provided by Section |
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21.003(b), Education Code, and engages in sexual contact, sexual |
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intercourse, or deviate sexual intercourse with a person the |
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employee knows is: |
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(A) enrolled in a public primary or secondary |
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school in the same school district as the school at which the |
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employee works; or |
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(B) a student participant in an educational |
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activity that is sponsored by a school district or a public or |
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private primary or secondary school, if: |
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(i) students enrolled in a public or |
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private primary or secondary school are the primary participants in |
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the activity; and |
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(ii) the employee provides education |
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services to those participants; or |
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(3) engages in conduct described by Section 33.021, |
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with a person described by Subdivision (1), or a person the employee |
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knows is a person described by Subdivision (2)(A) or (B), |
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regardless of the age of that person. |
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(b-1) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the actor was the spouse of the enrolled person at |
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the time of the offense; or |
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(2) the actor was not more than three years older than |
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the enrolled person and, at the time of the offense, the actor and |
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the enrolled person were in a relationship that began before the |
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actor's employment at a public or private primary or secondary |
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school. |
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SECTION 2. Section 21.006, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A superintendent or director of a school district |
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shall complete an investigation of an educator that is based on |
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reasonable cause to believe the educator may have engaged in |
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misconduct described by Subsection (b)(2)(A), despite the |
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educator's resignation from district employment before completion |
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of the investigation. |
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SECTION 3. |
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Section 21.006(b-1), Education Code, as added by |
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this Act, applies to an investigation of possible public school |
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educator misconduct begun on or after the effective date of this |
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Act, regardless of whether the alleged misconduct occurred before, |
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on, or after the effective date of this Act. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |