S.B. No. 1476
 
 
 
 
AN ACT
  relating to the requirement for certain administrators of certain
  educational entities to report certain educator misconduct to the
  State Board for Educator Certification.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.006, Education Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (c-2) to
  read as follows:
         (b)  In addition to the reporting requirement under Section
  261.101, Family Code, and except as provided by Subsection (c-2),
  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 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.
         (c)  Except as provided by Subsection (c-2), the [The]
  superintendent or director must notify the State Board for Educator
  Certification by filing a report with the board not later than the
  seventh business day after the date the superintendent or director
  receives a report from a principal under Subsection (b-2) or knew
  about an educator's 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-2)  A superintendent or director of a school district,
  district of innovation, open-enrollment charter school, regional
  education service center, or shared services arrangement is not
  required to notify the State Board for Educator Certification or
  file a report with the board under Subsection (b) or (c) if the
  superintendent or director:
               (1)  completes an investigation into an educator's
  alleged incident of misconduct described by Subsection (b)(2)(A) or
  (A-1) before the educator's termination of employment or
  resignation; and
               (2)  determines the educator did not engage in the
  alleged incident of misconduct described by Subsection (b)(2)(A) or
  (A-1).
         SECTION 2.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 3.  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, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1476 passed the Senate on
  April 11, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1476 passed the House on
  May 22, 2019, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor