Bill Text: TX SB1497 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to a requirement that a school district or open-enrollment charter school terminate certain employees convicted of certain offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2015-05-22 - Referred to Public Education [SB1497 Detail]

Download: Texas-2015-SB1497-Comm_Sub.html

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By: Taylor of Collin S.B. No. 1497
(In the Senate - Filed March 12, 2015; March 19, 2015, read
first time and referred to Committee on Education; May 5, 2015,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 11, Nays 0; May 5, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1497 By: Taylor of Collin

A BILL TO BE ENTITLED
AN ACT
relating to educator misconduct and employment sanctions and a
requirement that a school district, open-enrollment charter
school, or shared services arrangement terminate or refuse to hire
an employee or applicant convicted of certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.058(a), (c), (c-2), and (e),
Education Code, are amended to read as follows:
(a) The procedures described by Subsections (b) and (c)
apply only to conviction of:
(1) [to conviction of] a felony offense;
(2) [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;
(3) an offense under the laws of another state or
federal law that is equivalent to an offense under Subdivision (1)
or (2); or
(4) a misdemeanor offense under Chapter 21 or 43,
Penal Code [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has been revoked from campus or from an administrative office, as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, on the action 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-2) A person's probationary, continuing, or term contract
is void if, on the action 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)
[(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 2. Sections 22.085(a) and (d), Education Code, are
amended to read as follows:
(a) A school district, open-enrollment charter school, or
shared services arrangement shall discharge or refuse to hire an
employee or applicant for employment if the district, school, or
shared services arrangement obtains information through a criminal
history record information review that[:
[(1)] the employee or applicant has been convicted of:
(1) [(A)] a felony offense [under Title 5, Penal
Code];
(2) [(B)] an offense on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure; [or]
(3) [(C)] an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1) or (2) [Paragraph (A) or (B)]; or
(4) a misdemeanor offense under Chapter 21 or 43,
Penal Code [and
[(2) at the time the offense occurred, the victim of
the offense described by Subdivision (1) was under 18 years of age
or was enrolled in a public school].
(d) [A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may discharge an employee if the district or
school obtains information of the employee's conviction of a felony
or of a misdemeanor involving moral turpitude that the employee did
not disclose to the State Board for Educator Certification or the
district, school, service center, or shared services arrangement.]
An employee discharged under this section is considered to have
been discharged for misconduct for purposes of Section 207.044,
Labor Code.
SECTION 3. Article 42.018(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only[:
[(1)] to conviction or deferred adjudication granted on
the basis of:
(1) a felony [(A) an] offense [under Title 5, Penal
Code];
(2) [or
[(B)] an offense on conviction of which a
defendant is required to register as a sex offender under Chapter
62; or
(3) a misdemeanor offense under Chapter 21 or 43,
Penal Code [and
[(2) if the victim of the offense is under 18 years of
age].
SECTION 4. Sections 21.058(c-1) and 22.085(b), Education
Code, are repealed.
SECTION 5. 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, 2015.
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