By: Bettencourt, et al.	S.B. No. 7

	A BILL TO BE ENTITLED
	AN ACT
	relating to improper relationships between educators and students;
	creating a criminal offense and expanding the applicability of an
	existing offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.12(a), Penal Code, is 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 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;
	(2)  holds a position described by Section 21.003(a) or
	(b), Education Code, regardless of whether the employee holds the
	appropriate certificate, permit, license, or credential for the
	position, [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 or private primary or
	secondary school, other than a school described by Subdivision (1)
	[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.
	SECTION 2.  Article 42.01, Code of Criminal Procedure, is
	amended by adding Section 12 to read as follows:
	Sec. 12.  In addition to the information described by
	Section 1, the judgment should reflect affirmative findings entered
	pursuant to Article 42.0192.
	SECTION 3.  Article 42.018(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  This article applies only to:
	(1)  [to] conviction or deferred adjudication
	community supervision granted on the basis of an offense for which a
	conviction or grant of deferred adjudication community supervision
	requires the defendant to register as a sex offender under Chapter
	62; or
	(2)  conviction of[:
	[(A)]  an offense under Title 5, Penal Code,[; or
	[(B)     an offense on conviction of which a
	defendant is required to register as a sex offender under Chapter
	62; and
	[(2)]  if the victim of the offense was [is] under 18
	years of age at the time the offense was committed.
	SECTION 4.  Chapter 42, Code of Criminal Procedure, is
	amended by adding Article 42.0192 to read as follows:
	Art. 42.0192.  FINDING REGARDING OFFENSE RELATED TO
	PERFORMANCE OF PUBLIC SERVICE.  (a)  In the trial of an offense
	described by Section 824.009, Government Code, the judge shall make
	an affirmative finding of fact and enter the affirmative finding in
	the judgment in the case if the judge determines that the offense
	committed was related to the defendant's employment described by
	Section 824.009(b), Government Code, while a member of the Teacher
	Retirement System of Texas.
	(b)  A judge who makes the affirmative finding described by
	this article shall make the determination and provide the notice
	required by Section 824.009(l), Government Code, as applicable.
	SECTION 5.  Section 21.006, Education Code, is amended by
	amending Subsections (b), (b-1), and (c) and adding Subsections
	(b-2), (c-1), and (i) to read as follows:
	(b)  In addition to the reporting requirement under Section
	261.101, Family Code, the superintendent or director of a school
	district, district of innovation, open-enrollment charter school,
	regional education service center, or shared services arrangement
	shall notify the State Board for Educator Certification if:
	(1)  an educator employed by or seeking employment by
	the school district, district of innovation, charter school,
	service center, or shared services arrangement has a criminal
	record and the school district, district of innovation, charter
	school, service center, or shared services arrangement obtained
	information about the educator's criminal record by a means other
	than the criminal history clearinghouse established under Section
	411.0845, Government Code;
	(2)  an educator's employment at the school district,
	district of innovation, charter school, service center, or shared
	services arrangement was terminated and there is [based on]
	evidence that the educator:
	(A)  abused or otherwise committed an unlawful act
	with a student or minor;
	(A-1)  was involved in a romantic relationship
	with or solicited or engaged in sexual contact with a student or
	minor;
	(B)  possessed, transferred, sold, or distributed
	a controlled substance, as defined by Chapter 481, Health and
	Safety Code, or by 21 U.S.C. Section 801 et seq.;
	(C)  illegally transferred, appropriated, or
	expended funds or other property of the school district, district
	of innovation, charter school, service center, or shared services
	arrangement;
	(D)  attempted by fraudulent or unauthorized
	means to obtain or alter a professional certificate or license for
	the purpose of promotion or additional compensation; or
	(E)  committed a criminal offense or any part of a
	criminal offense on school property or at a school-sponsored event;
	(3)  the educator resigned and there is evidence that
	the educator engaged in misconduct described by Subdivision (2); or
	(4)  the educator engaged in conduct that violated the
	assessment instrument security procedures established under
	Section 39.0301.
	(b-1)  A superintendent or director of a school district,
	district of innovation, [or] open-enrollment charter school,
	regional education service center, or shared services arrangement
	shall complete an investigation of an educator that involves [is
	based on] evidence that the educator may have engaged in misconduct
	described by Subsection (b)(2)(A) or (A-1), despite the educator's
	resignation from [district or school] employment before completion
	of the investigation.
	(b-2)  The principal of a school district, district of
	innovation, or open-enrollment charter school campus must notify
	the superintendent or director of the school district, district of
	innovation, or charter school not later than the seventh day after
	the date:
	(1)  of an educator's termination of employment or
	resignation following an alleged incident of misconduct described
	by Subsection (b); or
	(2)  the principal knew about an educator's criminal
	record under Subsection (b)(1).
	(c)  The superintendent or director must notify the State
	Board for Educator Certification by filing a report with the board
	not later than the seventh day after the date the superintendent or
	director receives a report from a principal under Subsection (b-2)
	or otherwise learns [knew] about an educator's [employee's criminal
	record under Subsection (b)(1) or a] termination of employment or
	resignation following an alleged incident of misconduct described
	by Subsection (b) or an employee's criminal record under Subsection
	(b)(1).
	(c-1)  The report under Subsection (c) must be:
	(1)  in writing; and
	(2)  in a form prescribed by the board.
	(i)  A superintendent or director required to file a report
	under Subsection (c) commits an offense if the superintendent or
	director knowingly fails to file the report by the date required by
	that subsection. A principal required to notify a superintendent
	or director about an educator's criminal record or alleged incident
	of misconduct under Subsection (b-2) commits an offense if the
	principal knowingly fails to provide the notice by the date
	required by that subsection.  An offense under this subsection is a
	Class A misdemeanor, except that the offense is a state jail felony
	if it is shown on the trial of the offense that the superintendent,
	director, or principal intended to conceal an educator's criminal
	record or alleged incident of misconduct.
	SECTION 6.  Section 21.044(g), Education Code, is amended to
	read as follows:
	(g)  Each educator preparation program must provide
	information regarding:
	(1)  the skills that educators are required to possess,
	the responsibilities that educators are required to accept, and the
	high expectations for students in this state;
	(2)  the effect of supply and demand forces on the
	educator workforce in this state;
	(3)  the performance over time of the educator
	preparation program;
	(4)  the importance of building strong classroom
	management skills; [and]
	(5)  the framework in this state for teacher and
	principal evaluation, including the procedures followed in
	accordance with Subchapter H; and
	(6)  appropriate relationships, boundaries, and
	communications between educators and students.
	SECTION 7.  Sections 21.054(d) and (e), Education Code, are
	amended to read as follows:
	(d)  Continuing education requirements for a classroom
	teacher must provide that not more than 25 percent of the training
	required every five years include instruction regarding:
	(1)  collecting and analyzing information that will
	improve effectiveness in the classroom;
	(2)  recognizing early warning indicators that a
	student may be at risk of dropping out of school;
	(3)  integrating technology into classroom
	instruction; [and]
	(4)  educating diverse student populations, including:
	(A)  students with disabilities, including mental
	health disorders;
	(B)  students who are educationally
	disadvantaged;
	(C)  students of limited English proficiency; and
	(D)  students at risk of dropping out of school;
	and
	(5)  understanding appropriate relationships,
	boundaries, and communications between educators and students.
	(e)  Continuing education requirements for a principal must
	provide that not more than 25 percent of the training required every
	five years include instruction regarding:
	(1)  effective and efficient management, including:
	(A)  collecting and analyzing information;
	(B)  making decisions and managing time; and
	(C)  supervising student discipline and managing
	behavior;
	(2)  recognizing early warning indicators that a
	student may be at risk of dropping out of school;
	(3)  integrating technology into campus curriculum and
	instruction; [and]
	(4)  educating diverse student populations, including:
	(A)  students with disabilities, including mental
	health disorders;
	(B)  students who are educationally
	disadvantaged;
	(C)  students of limited English proficiency; and
	(D)  students at risk of dropping out of school;
	and
	(5)  preventing, recognizing, and reporting any sexual
	conduct between an educator and student that is prohibited under
	Section 21.12, Penal Code, or for which reporting is required under
	Section 21.006 of this code.
	SECTION 8.  The heading to Section 21.058, Education Code,
	is amended to read as follows:
	Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF
	EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
	ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
	SECTION 9.  Sections 21.058(a), (b), (c), (c-1), and (c-2),
	Education Code, are amended to read as follows:
	(a)  The procedures described by Subsections (b) and (c)
	apply only:
	(1)  to conviction of or placement on deferred
	adjudication community supervision for an offense for which a
	defendant is required to register as a sex offender under Chapter
	62, Code of Criminal Procedure; or
	(2)  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 was [is] under 18
	years of age at the time the offense was committed.
	(b)  Notwithstanding Section 21.041(b)(7), not later than
	the fifth day after the date the board receives notice under Article
	42.018, Code of Criminal Procedure, of the conviction or placement
	on deferred adjudication community supervision of a person who
	holds a certificate under this subchapter, the board shall:
	(1)  revoke the certificate held by the person; and
	(2)  provide to the person, to the agency, and to any
	school district or open-enrollment charter school employing the
	person at the time of revocation written notice of:
	(A)  the revocation; and
	(B)  the basis for the revocation.
	(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, with the approval
	of the board of trustees or governing body or a designee of the
	board or governing body:
	(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)  terminate the employment of the person as
	soon as practicable.
	(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, with the approval of the
	board of trustees or governing body or a designee of the board of
	trustees or governing body:
	(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, with the approval of the board of trustees or governing
	body or a designee of the board or governing body, the school
	district or open-enrollment charter school takes action under
	Subsection (c)(2)(B) or (c-1)(2).
	SECTION 10.  Subchapter B, Chapter 21, Education Code, is
	amended by adding Section 21.0581 to read as follows:
	Sec. 21.0581.  REVOCATION FOR ASSISTING PERSON WHO ENGAGED
	IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a)  The board may suspend
	or revoke a certificate held by a person under this subchapter,
	impose other sanctions against the person, or refuse to issue a
	certificate to the person under this subchapter if:
	(1)  the person assists another person in obtaining
	employment at a school district or open-enrollment charter school,
	other than by the routine transmission of administrative and
	personnel files; and
	(2)  the person knew that the other person has
	previously engaged in sexual misconduct with a minor or student in
	violation of the law.
	(b)  The commissioner may require a school district to revoke
	or decline to issue a school district teaching permit under Section
	21.055 issued to or requested by a person subject to board action
	under Subsection (a).
	SECTION 11.  Section 21.062(a), Education Code, is amended
	to read as follows:
	(a)  During an investigation by the commissioner of an
	educator for an alleged incident of misconduct, the commissioner
	may issue a subpoena to compel:
	(1)  the attendance of a relevant witness; or
	(2)  the production, for inspection or copying, of
	relevant evidence that is located in this state.
	SECTION 12.  Section 21.355, Education Code, is amended by
	amending Subsection (a) and adding Subsections (d), (e), and (f) to
	read as follows:
	(a)  A document evaluating the performance of a teacher or
	administrator is confidential and is not subject to disclosure
	under Chapter 552, Government Code.
	(d)  A school district or open-enrollment charter school may
	give the agency a document evaluating the performance of a teacher
	or administrator employed by the district or school for purposes of
	an investigation conducted by the agency.
	(e)  Notwithstanding Subsection (a) and except as otherwise
	provided by a court order prohibiting disclosure, a document
	provided to the agency under Subsection (d) may be used in a
	disciplinary proceeding against a teacher or administrator based on
	a report submitted under Section 21.006 concerning an alleged
	incident of misconduct, if permissible under rules of evidence
	applicable to a contested case, as provided by Section 2001.081,
	Government Code.
	(f)  A document provided to the agency under Subsection (d)
	remains confidential unless the document becomes part of the record
	in a contested case under Chapter 2001, Government Code.
	SECTION 13.  Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.027 to read as follows:
	Sec. 38.027.  ELECTRONIC COMMUNICATION POLICY. (a)  In this
	section, "electronic communication" means any communication
	facilitated by the use of any electronic device, including a
	telephone, cellular telephone, computer, computer network,
	personal data assistant, or pager. The term includes e-mails, text
	messages, instant messages, and any communications made through an
	Internet website, including a social media website or a social
	networking website.
	(b)  A school district shall adopt a written policy
	concerning electronic communications between a school employee and
	a student enrolled in the district.
	(c)  The policy adopted under this section must:
	(1)  include provisions designed to prevent improper
	electronic communications between a school employee and a student;
	(2)  allow a school employee to elect to not disclose to
	students the employee's personal telephone number or e-mail
	address; and
	(3)  include provisions instructing a school employee
	about the proper method for notifying appropriate local
	administrators about an incident in which a student engages in
	improper communications with the school employee.
	SECTION 14.  Section 39.057(a), Education Code, is amended
	to read as follows:
	(a)  The commissioner may authorize special accreditation
	investigations to be conducted:
	(1)  when excessive numbers of absences of students
	eligible to be tested on state assessment instruments are
	determined;
	(2)  when excessive numbers of allowable exemptions
	from the required state assessment instruments are determined;
	(3)  in response to complaints submitted to the agency
	with respect to alleged violations of civil rights or other
	requirements imposed on the state by federal law or court order;
	(4)  in response to established compliance reviews of
	the district's financial accounting practices and state and federal
	program requirements;
	(5)  when extraordinary numbers of student placements
	in disciplinary alternative education programs, other than
	placements under Sections 37.006 and 37.007, are determined;
	(6)  in response to an allegation involving a conflict
	between members of the board of trustees or between the board and
	the district administration if it appears that the conflict
	involves a violation of a role or duty of the board members or the
	administration clearly defined by this code;
	(7)  when excessive numbers of students in special
	education programs under Subchapter A, Chapter 29, are assessed
	through assessment instruments developed or adopted under Section
	39.023(b);
	(8)  in response to an allegation regarding or an
	analysis using a statistical method result indicating a possible
	violation of an assessment instrument security procedure
	established under Section 39.0301, including for the purpose of
	investigating or auditing a school district under that section;
	(9)  when a significant pattern of decreased academic
	performance has developed as a result of the promotion in the
	preceding two school years of students who did not perform
	satisfactorily as determined by the commissioner under Section
	39.0241(a) on assessment instruments administered under Section
	39.023(a), (c), or (l);
	(10)  when excessive numbers of students eligible to
	enroll fail to complete an Algebra II course or any other advanced
	course as determined by the commissioner;
	(11)  when resource allocation practices as evaluated
	under Section 39.0821 indicate a potential for significant
	improvement in resource allocation;
	(12)  when a disproportionate number of students of a
	particular demographic group is graduating with a particular
	endorsement under Section 28.025(c-1);
	(13)  when an excessive number of students is
	graduating with a particular endorsement under Section
	28.025(c-1);
	(14)  in response to a complaint submitted to the
	agency with respect to alleged inaccurate data that is reported
	through the Public Education Information Management System (PEIMS)
	or through other reports required by state or federal law or rule or
	court order and that is used by the agency to make a determination
	relating to public school accountability, including accreditation,
	under this chapter; [or]
	(15)  when a school district for any reason fails to
	produce, at the request of the agency, evidence or an investigation
	report relating to an educator who is under investigation by the
	State Board for Educator Certification; or
	(16)  as the commissioner otherwise determines
	necessary.
	SECTION 15.  Subchapter A, Chapter 824, Government Code, is
	amended by adding Section 824.009 to read as follows:
	Sec. 824.009.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
	FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
	(a)  In this section, "qualifying felony" means an offense that is
	punishable as a felony under the following sections of the Penal
	Code:
	(1)  Section 21.02 (continuous sexual abuse of young
	child or children);
	(2)  Section 21.12 (improper relationship between
	educator and student); or
	(3)  Section 22.011 (sexual assault) or Section 22.021
	(aggravated sexual assault).
	(a-1)  In this section, a "qualifying felony" includes any
	federal offense that contains elements that are substantially
	similar to the elements of a felony offense described in Subsection
	(a).
	(b)  This section applies only to a person who is a member or
	an annuitant of the retirement system.
	(c)  Except as provided by Subsection (e), a person is not
	eligible to receive a service retirement annuity from the
	retirement system if the person is convicted of a qualifying felony
	the victim of which is a student.
	(d)  The retirement system shall suspend payments of an
	annuity to a person who is not eligible to receive a service
	retirement annuity under Subsection (c), as determined by the
	retirement system, on receipt by the retirement system of:
	(1)  notice of a conviction for a qualifying felony
	under Subsection (f) or (l);
	(2)  notice of a conviction for a qualifying felony
	from a district court or district attorney; or
	(3)  any other information the retirement system
	determines by rule is sufficient to establish a conviction for a
	qualifying felony.
	(e)  A person whose conviction is overturned on appeal or who
	meets the requirements for innocence under Section 103.001(a)(2),
	Civil Practice and Remedies Code:
	(1)  is entitled to receive an amount equal to the
	accrued total of payments and interest earned on the payments
	withheld during the suspension period; and
	(2)  may resume receipt of annuity payments on payment
	to the retirement system of an amount equal to the contributions
	refunded to the person under Subsection (g).
	(f)  Not later than the 30th day after the date of a person's
	conviction for a qualifying felony, the school at which the person
	was employed shall provide written notice of the conviction to the
	retirement system.  The notice must comply with rules adopted by the
	board of trustees under Subsection (k).
	(g)  A person who is not eligible to receive a service
	retirement annuity under Subsection (c) is entitled to a refund of
	the person's retirement annuity contributions, including interest
	earned on those contributions.
	(h)  Benefits payable to an alternate payee under Chapter 804
	who is recognized by a domestic relations order established before
	September 1, 2017, are not affected by a person's ineligibility to
	receive a retirement annuity under Subsection (c).
	(i)  On conviction of a person for a qualifying felony, a
	court may, in the interest of justice and in the same manner as in a
	divorce proceeding, award half of the service retirement annuity
	forfeited by the person as the separate property of an innocent
	spouse if the annuity is partitioned or exchanged by written
	agreement of the spouses as provided by Subchapter B, Chapter 4,
	Family Code.  The amount awarded to the innocent spouse may not be
	converted to community property.
	(j)  Ineligibility for a retirement annuity under this
	section does not impair a person's right to any other retirement
	benefit for which the person is eligible.
	(k)  The board of trustees of the retirement system shall
	adopt rules and procedures to implement this section.
	(l)  A court shall notify the retirement system of the terms
	of a person's conviction of a qualifying felony.
	SECTION 16.  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 on the
	date 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 was committed before that date.
	SECTION 17.  Section 12, Article 42.01, Code of Criminal
	Procedure, and Article 42.0192, Code of Criminal Procedure, as
	added by this Act, apply only to a judgment of conviction entered on
	or after the effective date of this Act.
	SECTION 18.  Not later than December 31, 2017, the board of
	trustees of the Teacher Retirement System of Texas shall adopt the
	rules necessary to implement Section 824.009, Government Code, as
	added by this Act.
	SECTION 19.  Section 824.009, Government Code, as added by
	this Act, applies only to an offense committed on or after the
	effective date of rules adopted in accordance with that section.  An
	offense committed before that date is governed by the law in effect
	on the date 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 rules adopted
	in accordance with 824.009, Government Code, as added by this Act,
	if any element of the offense occurred before that date.
	SECTION 20.  This Act takes effect September 1, 2017.