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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that a school district, open-enrollment |
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charter school, or shared services arrangement terminate or refuse |
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to hire an employee or applicant convicted of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.085(a) and (d), Education Code, are |
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amended to read as follows: |
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(a) A school district, open-enrollment charter school, or |
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shared services arrangement shall discharge or refuse to hire an |
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employee or applicant for employment if the district, school, or |
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shared services arrangement obtains information through a criminal |
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history record information review that[:
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[(1)] the employee or applicant has been convicted of: |
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(1) [(A)] a felony offense [under Title 5, Penal
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Code]; |
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(2) [(B)] an offense on conviction of which a |
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defendant is required to register as a sex offender under Chapter |
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62, Code of Criminal Procedure; [or] |
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(3) [(C)] an offense under the laws of another state |
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or federal law that is equivalent to an offense under Subdivision |
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(1) or (2) [Paragraph (A) or (B)]; or |
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(4) a misdemeanor involving moral turpitude [and
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[(2)
at the time the offense occurred, the victim of
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the offense described by Subdivision (1) was under 18 years of age
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or was enrolled in a public school]. |
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(d) [A school district, open-enrollment charter school,
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private school, regional education service center, or shared
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services arrangement may discharge an employee if the district or
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school obtains information of the employee's conviction of a felony
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or of a misdemeanor involving moral turpitude that the employee did
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not disclose to the State Board for Educator Certification or the
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district, school, service center, or shared services arrangement.] |
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An employee discharged under this section is considered to have |
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been discharged for misconduct for purposes of Section 207.044, |
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Labor Code. |
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SECTION 2. Section 22.085(b), Education Code, is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |