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AN ACT
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relating to the right of a school employee to report a crime, |
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persons subject to the prohibition on coercing another into |
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suppressing or failing to report information to a law enforcement |
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agency, and the reporting of criminal history record information of |
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educators and other public school employees who engage in certain |
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misconduct; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; [and] |
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(N) intensive programs of instruction under |
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Section 28.0213; and |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148. |
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SECTION 2. Sections 21.006(b), (b-1), (c), and (d), |
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Education Code, are amended to read as follows: |
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(b) In addition to the reporting requirement under Section |
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261.101, Family Code, the superintendent or director of a school |
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district, open-enrollment charter school, regional education |
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service center, or shared services arrangement shall notify the |
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State Board for Educator Certification if [the superintendent or
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director has reasonable cause to believe that]: |
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(1) an educator employed by or seeking employment by |
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the district, school, service center, or shared services |
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arrangement has a criminal record and the district, school, service |
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center, or shared services arrangement obtained information about |
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the educator's criminal record by a means other than the criminal |
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history clearinghouse established under Section 411.0845, |
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Government Code; |
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(2) an educator's employment at the district, school, |
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service center, or shared services arrangement was terminated based |
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on evidence [a determination] that the educator: |
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(A) abused or otherwise committed an unlawful act |
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with a student or minor; |
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(A-1) was involved in a romantic relationship |
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with or solicited or engaged in sexual contact with a student or |
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minor; |
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(B) possessed, transferred, sold, or distributed |
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a controlled substance, as defined by Chapter 481, Health and |
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Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
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subsequent amendments]; |
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(C) illegally transferred, appropriated, or |
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expended funds or other property of the district, school, service |
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center, or shared services arrangement; |
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(D) attempted by fraudulent or unauthorized |
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means to obtain or alter a professional certificate or license for |
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the purpose of promotion or additional compensation; or |
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(E) committed a criminal offense or any part of a |
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criminal offense on school property or at a school-sponsored event; |
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(3) the educator resigned and there is [reasonable] |
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evidence [supports a recommendation by the superintendent or
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director to terminate the educator based on a determination] that |
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the educator engaged in misconduct described by Subdivision (2); or |
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(4) the educator engaged in conduct that violated the |
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assessment instrument security procedures established under |
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Section 39.0301. |
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(b-1) A superintendent or director of a school district or |
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open-enrollment charter school shall complete an investigation of |
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an educator that is based on evidence that [reasonable cause to
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believe] the educator may have engaged in misconduct described by |
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Subsection (b)(2)(A) or (A-1), despite the educator's resignation |
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from district or school employment before completion of the |
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investigation. |
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(c) The superintendent or director must notify the State |
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Board for Educator Certification by filing a report with the board |
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not later than the seventh day after the date the superintendent or |
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director knew [first learns] about an employee's criminal record |
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under Subsection (b)(1) or a termination of employment or |
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resignation following an alleged incident of misconduct described |
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by Subsection (b). The report must be: |
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(1) in writing; and |
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(2) in a form prescribed by the board. |
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(d) The superintendent or director shall notify the board of |
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trustees or governing body of the school district, open-enrollment |
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charter school, regional education service center, or shared |
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services arrangement and the educator of the filing of the report |
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required by Subsection (c). |
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SECTION 3. Section 22.087, Education Code, is amended to |
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read as follows: |
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Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR |
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CERTIFICATION. The superintendent of a school district or the |
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director of an open-enrollment charter school, private school, |
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regional education service center, or shared services arrangement |
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shall promptly notify the State Board for Educator Certification in |
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writing if: |
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(1) the person obtains or has knowledge of information |
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showing that an applicant for or holder of a certificate issued |
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under Subchapter B, Chapter 21, has a reported criminal history; |
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and |
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(2) the person obtained the information by a means |
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other than the criminal history clearinghouse established under |
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Section 411.0845, Government Code. |
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SECTION 4. Subchapter E-1, Chapter 37, Education Code, is |
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amended by adding Section 37.148 to read as follows: |
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Sec. 37.148. RIGHT TO REPORT CRIME. (a) An employee of a |
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school district or open-enrollment charter school may report a |
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crime witnessed at the school to any peace officer with authority to |
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investigate the crime. |
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(b) A school district or open-enrollment charter school may |
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not adopt a policy requiring a school employee to: |
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(1) refrain from reporting a crime witnessed at the |
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school; or |
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(2) report a crime witnessed at the school only to |
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certain persons or peace officers. |
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SECTION 5. Section 39.06(a), Penal Code, is amended to read |
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as follows: |
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(a) A public servant commits an offense if, in reliance on |
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information to which the public servant [he] has access by virtue of |
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the person's [his] office or employment and that has not been made |
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public, the person [he]: |
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(1) acquires or aids another to acquire a pecuniary |
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interest in any property, transaction, or enterprise that may be |
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affected by the information; |
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(2) speculates or aids another to speculate on the |
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basis of the information; or |
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(3) as a public servant, including as a [principal of
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a] school administrator, coerces another into suppressing or |
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failing to report that information to a law enforcement agency. |
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SECTION 6. The change in law made by this Act to Section |
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39.06, Penal Code, applies to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1783 was passed by the House on May |
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12, 2015, by the following vote: Yeas 138, Nays 6, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1783 on May 29, 2015, by the following vote: Yeas 141, Nays 4, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1783 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |