H.B. No. 1610
 
 
 
 
AN ACT
  relating to educator misconduct and employment sanctions for
  certain misconduct; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.006, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A superintendent or director of a school district
  shall complete an investigation of an educator that is based on
  reasonable cause to believe the educator may have engaged in
  misconduct described by Subsection (b)(2)(A), despite the
  educator's resignation from district employment before completion
  of the investigation.
         SECTION 2.  Section 21.058, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (c-1),
  (c-2), and (e) to read as follows:
         (a)  The procedures described by Subsections (b) and (c)
  apply [This section applies] only:
               (1)  to conviction of a felony offense under Title 5,
  Penal Code, or an offense on conviction of which a defendant is
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure; and
               (2)  if the victim of the offense is under 18 years of
  age.
         (c)  A school district or open-enrollment charter school
  that receives notice under Subsection (b) of the revocation of a
  certificate issued under this subchapter shall:
               (1)  immediately remove the person whose certificate
  has been revoked from campus or from an administrative office, as
  applicable, to prevent the person from having any contact with a
  student; and
               (2)  if the person is employed under a probationary,
  continuing, or term contract under this chapter:
                     (A)  suspend the person without pay;
                     (B)  provide the person with written notice that
  the person's contract is void as provided by Subsection (c-2); and
                     (C)  [as soon as practicable,] terminate the
  employment of the person as soon as practicable [in accordance with
  the person's contract and with this subchapter].
         (c-1)  If a school district or open-enrollment charter
  school becomes aware that a person employed by the district or
  school under a probationary, continuing, or term contract under
  this chapter has been convicted of or received deferred
  adjudication for a felony offense, and the person is not subject to
  Subsection (c), the district or school may:
               (1)  suspend the person without pay;
               (2)  provide the person with written notice that the
  person's contract is void as provided by Subsection (c-2); and
               (3)  terminate the employment of the person as soon as
  practicable.
         (c-2)  A person's probationary, continuing, or term contract
  is void if the school district or open-enrollment charter school
  takes action under Subsection (c)(2)(B) or (c-1)(2).
         (e)  Action taken by a school district or open-enrollment
  charter school under Subsection (c) or (c-1) is not subject to
  appeal under this chapter, and the notice and hearing requirements
  of this chapter do not apply to the action.
         SECTION 3.  Sections 21.12(a) and (b-1), Penal Code, are
  amended to read as follows:
         (a)  An employee of a public or private primary or secondary
  school commits an offense if the employee:
               (1)  engages in[:
               [(1)] sexual contact, sexual intercourse, or deviate
  sexual intercourse with a person who is enrolled in a public or
  private primary or secondary school at which the employee works;
  [or]
               (2)  holds a certificate or permit issued as provided
  by Subchapter B, Chapter 21, Education Code, or is a person who is
  required to be licensed by a state agency as provided by Section
  21.003(b), Education Code, and engages in sexual contact, sexual
  intercourse, or deviate sexual intercourse with a person the
  employee knows is:
                     (A)  enrolled in a public primary or secondary
  school in the same school district as the school at which the
  employee works; or
                     (B)  a student participant in an educational
  activity that is sponsored by a school district or a public or
  private primary or secondary school, if:
                           (i)  students enrolled in a public or
  private primary or secondary school are the primary participants in
  the activity; and
                           (ii)  the employee provides education
  services to those participants; or
               (3)  engages in conduct described by Section 33.021,
  with a person described by Subdivision (1), or a person the employee
  knows is a person described by Subdivision (2)(A) or (B),
  regardless of the age of that person.
         (b-1)  It is an affirmative defense to prosecution under this
  section that:
               (1)  the actor was the spouse of the enrolled person at
  the time of the offense; or
               (2)  the actor was not more than three years older than
  the enrolled person and, at the time of the offense, the actor and
  the enrolled person were in a relationship that began before the
  actor's employment at a public or private primary or secondary
  school.
         SECTION 4.  Section 21.006(b-1), Education Code, as added by
  this Act, applies to an investigation of possible public school
  educator misconduct begun on or after the effective date of this
  Act, regardless of whether the alleged misconduct occurred before,
  on, or after the effective date of this Act.
         SECTION 5. 
   The change in law made by this Act to Section
  21.12, Penal Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose. For purposes of this section, an offense was
  committed before the effective date of this Act if any element of
  the offense occurred before that date.
         SECTION 6.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of 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 vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1610 was passed by the House on May 5,
  2011, by the following vote:  Yeas 144, Nays 1, 3 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1610 on May 24, 2011, by the following vote:  Yeas 144, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1610 was passed by the Senate, with
  amendments, on May 21, 2011, by the following vote:  Yeas 20, Nays
  10.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor