Relating to the reporting and investigation of certain misconduct and child abuse and neglect; creating a criminal offense.

89(R) SB 571 - Enrolled version - Bill Text

S.B. No. 571

AN ACT

relating to the reporting and investigation of certain misconduct

and child abuse and neglect; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REPORTING OF MISCONDUCT

SECTION 1.01. Article 42.018(a), Code of Criminal

Procedure, is amended to read as follows:

(a) This article applies only to:

(1) conviction or deferred adjudication community

supervision granted on the basis of
:

(A)
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;

(B)

an offense under Section 21.12 or 43.24,

Penal Code;

(C)

a felony offense under Chapter 43, Penal

Code;

(D)

a felony offense involving school property;

or

(E)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A),

(B), (C), or (D); or

(2) conviction of
:

(A) a felony
[
an
] offense under Title 5, Penal

Code[
, if the victim of the offense was under 18 years of age at the

time the offense was committed
]; or

(B)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A)

[
(3)

conviction or deferred adjudication community

supervision granted on the basis of an offense under Section 43.24,

Penal Code
].

SECTION 1.02. Subtitle D, Title 2, Education Code, is

amended by adding Chapter 22A, and a heading is added to that

chapter to read as follows:

CHAPTER 22A.

EMPLOYEE AND SERVICE PROVIDER MISCONDUCT

SECTION 1.03. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter A, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER A.

GENERAL PROVISIONS

SECTION 1.04. Section 21.006(a), Education Code, is

transferred to Subchapter A, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.001, Education Code, and

amended to read as follows:

Sec. 22A.001. DEFINITIONS.
[
(a)
] In this
chapter

[
section
]:

(1) "Abuse" has the meaning assigned by Section

261.001, Family Code, and includes any sexual conduct involving [
an

educator and
] a student or minor.

(2)
"Board" means the State Board for Educator

Certification.

(3)

"Educational entity" means a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement.

(4)

"Educational provider" means an entity that

employs or contracts with a person to provide educational services

to a child participating in the education savings account program.

The term includes:

(A)

a certified educational assistance

organization, as defined by Section 29.351, as added by S.B. 2, 89th

Legislature, Regular Session, 2025; and

(B)

an education service provider or vendor of

educational products participating in the education savings

account program.

(5)

"Education savings account program" means the

education savings account program established under Subchapter J,

Chapter 29, as added by S.B. 2, 89th Legislature, Regular Session,

2025.

(6)
"Other charter entity" means:

(A) a school district operating under a home-rule

school district charter adopted under Subchapter B, Chapter 12;

(B) a campus or campus program operating under a

charter granted under Subchapter C, Chapter 12; and

(C) an entity that contracts to partner with a

school district under Section 11.174(a)(2) to operate a district

campus under a charter granted to the entity by the district under

Subchapter C, Chapter 12.

(7)

"Registry" means the registry of persons who are

not eligible to be employed by or act as a service provider for an

educational entity maintained under Section 22A.151.

(8)

"Service provider" means a person who provides

services to an educational entity. The term includes:

(A)

a contractor or subcontractor for an

educational entity;

(B)

a provider of tutoring services for an

educational entity;

(C)

an entity that has entered into a contract to

operate a school district campus under Section 11.174;

(D)

a staffing provider for an educational

entity; and

(E)

a person employed by or under the control of a

person described by Paragraph (A), (B), (C), or (D).

SECTION 1.05. Subchapter A, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.002 to read as

follows:

Sec.

22A.002.

CONFIDENTIALITY. (a)

Unless disclosure is

required by other law and except as provided by Subsection (b), a

complaint from a member of the public, statement, recording, note,

file, record, memorandum, or report that is received, obtained, or

created by the board or agency relating to the review or

investigation of an allegation of misconduct under this chapter

involving an employee of or contractor for an educational provider

or an educator or employee employed by or a service provider for an

educational entity is confidential and not subject to disclosure

under Chapter 552, Government Code.

(b) Subsection (a) does not prohibit the disclosure of:

(1)

a report required under Section 22A.051, 22A.052,

22A.301, or 22A.302;

(2)

information described by Subsection (a) for

purposes of an administrative or other legal proceeding brought

under Chapter 2001, Government Code; or

(3)

information required to be included in the report

under Section 22A.251.

SECTION 1.06. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter B, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER B.

REQUIRED MISCONDUCT REPORTING

SECTION 1.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),

(d), (e), (f), (g), (h), (i), (j), and (k), Education Code, are

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.051, Education Code, and

amended to read as follows:

Sec.

22A.051.

REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO

BOARD. (a)
[
(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
an educational entity
[
a

school district, district of innovation, open-enrollment charter

school, other charter entity, regional education service center, or

shared services arrangement
] shall notify the
board
[
State Board

for Educator Certification
] if:

(1) an educator employed by or seeking employment by

the
entity
[
school district, district of innovation, charter

school, other charter entity, service center, or shared services

arrangement
] has a criminal record and the
entity
[
school district,

district of innovation, charter school, other charter entity,

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
entity
[
school

district, district of innovation, charter school, other charter

entity, 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
, including by engaging in conduct that

involves physical mistreatment or constitutes a threat of violence

to a student or minor and that is not justified under Chapter 9,

Penal Code, regardless of whether the conduct resulted in bodily

injury
;

(B)
[
(A-1)
] was involved in
or solicited
a

romantic relationship with or solicited or engaged in sexual

contact with a student or minor;

(C)

engaged in inappropriate communications with

a student or minor, as defined by board rule;

(D)

failed to maintain appropriate boundaries

with a student or minor, as defined by board rule;

(E)
[
(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.;

(F)
[
(C)
] illegally transferred, appropriated,

or expended funds or other property of the
entity
[
school district,

district of innovation, charter school, other charter entity,

service center, or shared services arrangement
];

(G)
[
(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

(H)
[
(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);

(4)

the superintendent or director becomes aware of

evidence that an educator employed by the entity engaged in

misconduct described by Subdivision (2)(A), (B), (C), or (D);
or

(5)
[
(4)
] the educator engaged in conduct that

violated the assessment instrument security procedures established

under Section 39.0301.

(b)
[
(b-1)
] A superintendent or director of
an educational

entity
[
a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement
] shall complete an

investigation of an educator that involves evidence that the

educator may have engaged in misconduct described by Subsection

(a)(2)(A), (B), (C), or (D)
[
(b)(2)(A) or (A-1)
], despite the

educator's resignation from employment before completion of the

investigation.

(c)
[
(b-2)
] The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

[
school
] district, [
district of innovation, charter
] school, or

[
other charter
] entity
:

(1) except as provided by Subdivision (2),
not later

than the seventh business day after the date:

(A)
[
(1)
] of an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection
(a)
[
(b)
]; or

(B)
[
(2)
] the principal knew about an educator's

criminal record under Subsection
(a)(1); or

(2)

not later than 48 hours after the principal

becomes aware of evidence of misconduct described by Subsection

(a)(2)(A), (B), (C), or (D)
[
(b)(1)
].

(d) The
[
(c) Except as provided by Subsection (c-2), the
]

superintendent or director must notify the
board
[
State Board for

Educator Certification
] by filing a report with the board
:

(1) except as provided by Subdivision (2),
not later

than the seventh business day after the date the superintendent or

director
:

(A)
receives
notice
[
a report
] from a principal

under Subsection
(c)
[
(b-2)
]
;
or

(B)
knew about an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection
(a)
[
(b)
] or an
educator's

[
employee's
] criminal record under Subsection
(a)(1); or

(2)

not later than 48 hours after the superintendent

or director:

(A)

receives notice from a principal under

Subsection (c); or

(B)

becomes aware of evidence of misconduct

described by Subsection (a)(2)(A), (B), (C), or (D)
[
(b)(1)
].

(e)
[
(c-1)
] The report under Subsection
(d) must be
[
(c)
]:

(1) [
must be:

[
(A)
] in writing;

(2)
[
and

[
(B)
] in a form prescribed by the board; and

(3)
[
(2) may be
] filed through the Internet portal

developed and maintained by the
agency under Section 22A.155
[
State

Board for Educator Certification under Subsection (g-1)
].

(f)
[
(d)
] The superintendent or director shall notify the

board of trustees or governing body of the
educational entity

[
school district, open-enrollment charter school, other charter

entity, regional education service center, or shared services

arrangement
] and the educator of the filing of the report required

by Subsection
(d)
[
(c)
].

(g)
[
(e)
] A superintendent, director, or principal of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] who in

good faith and while acting in an official capacity files a report

with the
board
[
State Board for Educator Certification
] under this

section or communicates with another superintendent, director, or

principal concerning an educator's criminal record or alleged

incident of misconduct is immune from civil or criminal liability

that might otherwise be incurred or imposed.

(h)
[
(f)
] The
board
[
State Board for Educator

Certification
] shall determine whether to impose sanctions,

including an administrative penalty under Subsection
(k)
[
(i)
],

against a principal who fails to provide notification to a

superintendent or director in violation of Subsection
(c)
[
(b-2)
]

or against a superintendent or director who fails to file a report

in violation of Subsection
(d)
[
(c)
].

(i)
[
(g)
] The
board
[
State Board for Educator

Certification
] shall propose rules as necessary to implement this

section.

(j)
[
(h)
] The name of a student or minor who is the victim of

abuse or unlawful conduct by an educator must be included in a

report filed under this section, but the name of the student or

minor is not public information under Chapter 552, Government Code.

(k)
[
(i)
] If an educator serving as a superintendent or

director is required to file a report under Subsection
(d)
[
(c)
] and

fails to file the report by the date required by that subsection, or

if an educator serving as a principal is required to notify a

superintendent or director about an educator's criminal record or

alleged incident of misconduct under Subsection
(c)
[
(b-2)
] and

fails to provide the notice by the date required by that subsection,

the
board
[
State Board for Educator Certification
] may impose on

the educator an administrative penalty of not less than $500 and not

more than $10,000. The
board
[
State Board for Educator

Certification
] may not renew the certification of an educator

against whom an administrative penalty is imposed under this

subsection until the penalty is paid.

(l)
[
(j)
] A superintendent or director required to file a

report under Subsection
(d)
[
(c)
] commits an offense if the

superintendent or director fails to file the report by the date

required by that subsection with intent to conceal an educator's

criminal record or alleged incident of misconduct
described by

Subsection (a)(2)(A), (B), (E), (F), (G), or (H)
. A principal

required to notify a superintendent or director about an educator's

criminal record or alleged incident of misconduct under Subsection

(c)
[
(b-2)
] commits an offense if the principal fails to provide the

notice by the date required by that subsection with intent to

conceal an educator's criminal record or alleged incident of

misconduct
described by Subsection (a)(2)(A), (B), (E), (F), (G),

or (H)
. An offense under this subsection is a state jail felony.

(m)
[
(k)
] The commissioner may review the records of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] to ensure

compliance with the requirement to report misconduct under this

section.

SECTION 1.08. Section 22.093, Education Code, is

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.052, Education Code, and

amended to read as follows:

Sec.
22A.052
[
22.093
]. REQUIREMENT TO REPORT EMPLOYEE
OR

SERVICE PROVIDER
MISCONDUCT
TO AGENCY
. (a) [
In this section,

"abuse" has the meaning assigned by Section 261.001, Family Code,

and includes any sexual conduct involving a student or minor.

[
(b)
] This section applies to
:

(1)
a person who is employed by
an educational entity

[
a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement
] and who does not hold a

certification or permit issued under Subchapter B, Chapter 21
; or

(2)

a service provider for an educational entity who

has or will have direct contact with students
.

(b)
[
(c)
] In addition to the reporting requirement under

Section 261.101, Family Code, the superintendent or director of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] shall

notify the commissioner if
the superintendent or director
:

(1)
becomes aware of
[
an employee's employment at the

school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement was

terminated and there is
] evidence that
a person described by

Subsection (a) engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D)
[
the employee:

[
(A)

abused or otherwise committed an unlawful

act with a student or minor; or

[
(B)

was involved in a romantic relationship with

or solicited or engaged in sexual contact with a student or minor
];

or

(2)
obtains criminal history record information

relating to misconduct described by Subdivision (1) for a person

described by Subsection (a)
[
the employee resigned and there is

evidence that the employee engaged in misconduct described by

Subdivision (1)
].

(c)
[
(d)
] A superintendent or director of
an educational

entity
[
a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement
] shall complete an

investigation of
a person described by Subsection (a)
[
an employee
]

that involves evidence that the
person
[
employee
] may have engaged

in misconduct described by Subsection
(b)(1)
[
(c)(1)(A) or (B)
],

despite the
person's termination of or
[
employee's
] resignation

from employment
or cessation of services for the entity
before

completion of the investigation.

(d)
[
(e)
] The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

[
school
] district, [
district of innovation, charter
] school, or

[
other charter
] entity not later than
48 hours
[
the seventh

business day
] after the
principal becomes aware of evidence of

[
date of an employee's termination of employment or resignation

following
] an alleged incident of misconduct described by

Subsection
(b)(1)
[
(c)(1)(A) or (B)
].

(e)
[
(f)
] The superintendent or director
of an educational

entity
must notify the commissioner by filing a report with the

commissioner not later than
48 hours
[
the seventh business day
]

after the [
date the
] superintendent or director
:

(1)
receives
notice
[
a report
] from a principal under

Subsection
(d);

(2)
[
(e) or
] knew about
the
[
an employee's
]

termination of [
employment
] or resignation
from employment or

cessation of services of a person described by Subsection (a) for

the entity
following an alleged incident of misconduct described by

Subsection
(b)(1); or

(3)

becomes aware of evidence of misconduct described

by Subsection (b)(1)
[
(c)(1)(A) or (B)
].

(f)
The report
under Subsection (e)
must be:

(1) in writing; [
and
]

(2) in a form prescribed by the commissioner
; and

(3)

filed through the Internet portal developed and

maintained by the agency under Section 22A.155
.

(g) The superintendent or director shall notify the board of

trustees or governing body of the
educational entity
[
school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement
] and the
person who is the subject of the

report required under Subsection (e)
[
employee
] of the filing of

the report required by
that subsection
[
Subsection (f)
].

(h) A superintendent or director who in good faith and while

acting in an official capacity files a report with the commissioner

under Subsection
(e)
[
(f)
] or a principal who in good faith and

while acting in an official capacity notifies a superintendent or

director under Subsection
(d)
[
(e)
] is immune from civil or

criminal liability that might otherwise be incurred or imposed.

(i) The commissioner shall refer an educator who fails to

file a report in violation of Subsection
(e)
[
(f)
] to the
board

[
State Board for Educator Certification
], and the board shall

determine whether to impose sanctions against the educator.

(j) The name of a student or minor who is the victim of abuse

or unlawful conduct [
by an employee
] must be included in a report

filed under this section, but the name of the student or minor is

not public information under Chapter 552, Government Code.

(k) A superintendent or director required to file a report

under Subsection
(e)
[
(f)
] commits an offense if the superintendent

or director fails to file the report by the date required by that

subsection with intent to conceal
a person's
[
an employee's
]

criminal record or alleged incident of misconduct
described by

Section 22A.051(a)(2)(A) or (B)
. A principal required to notify a

superintendent or director about
a person's
[
an employee's
] alleged

incident of misconduct under Subsection
(d)
[
(e)
] commits an

offense if the principal fails to provide the notice by the date

required by that subsection with intent to conceal
a person's
[
an

employee's
] alleged incident of misconduct
described by Section

22A.051(a)(2)(A) or (B)
. An offense under this subsection is a

state jail felony.

(l) The commissioner may review the records of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] to ensure

compliance with the requirement to report misconduct under this

section.

(m) The commissioner shall adopt rules as necessary to

implement this section.

SECTION 1.09. Section 21.0061, Education Code, is

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.053, Education Code, and

amended to read as follows:

Sec.
22A.053
[
21.0061
]. NOTICE TO PARENT OR GUARDIAN ABOUT

[
EDUCATOR
] MISCONDUCT. (a) The board of trustees or governing body

of
an educational entity
[
a school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement
]

shall adopt a policy under which notice is provided to the parent or

guardian of a student with whom
a person employed by or acting as a

service provider for the entity
[
an educator
] is alleged to have

engaged in misconduct described by
Section 22A.051(a)(2)(A), (B),

(C), or (D)
[
Section 21.006(b)(2)(A) or (A-1)
] informing the parent

or guardian:

(1) that the alleged misconduct occurred;

(2) whether the
person
[
educator
] was terminated

following an investigation of the alleged misconduct or resigned

before completion of the investigation; and

(3) whether a report was submitted to the
agency or

board
[
State Board for Educator Certification
] concerning the

alleged misconduct.

(b) The policy required by this section must require that

information specified by Subsection (a)(1) be provided as soon as

feasible after the
educational
[
employing
] entity becomes aware

that alleged misconduct may have occurred.

[
(c)

In this section, "other charter entity" has the meaning

assigned by Section 21.006.
]

SECTION 1.10. Sections 21.007 and 21.009, Education Code,

are transferred to Subchapter B, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.054 and 22A.055,

Education Code, respectively, and amended to read as follows:

Sec.
22A.054
[
21.007
]. NOTICE ON CERTIFICATION RECORD OF

ALLEGED MISCONDUCT
; INCLUSION IN REGISTRY
. (a) [
In this section,

"board" means the State Board for Educator Certification.

[
(b)
] The board shall adopt a procedure for placing a notice

of alleged misconduct on an educator's public certification

records. The procedure adopted by the board must provide for

immediate placement of a notice of alleged misconduct on an

educator's public certification records if the alleged misconduct

presents a risk to the health, safety, or welfare of a student or

minor as determined by the board.

(b)
[
(c)
] The board must notify
:

(1)
an educator in writing when placing a notice of an

alleged incident of misconduct on the public certification records

of the educator
; and

(2)

the agency for purposes of placing the educator on

the registry in accordance with Subsection (c)
.

(c)

On receiving a notification under Subsection (b), the

agency shall immediately place the educator on the registry and

include information indicating that the educator is under

investigation for alleged misconduct.

(d) The board must provide an opportunity for an educator to

show cause why the notice should not be placed on the educator's

public certification records. The board shall propose rules

establishing the length of time that a notice may remain on the

educator's public certification records before the board must:

(1) initiate a proceeding to impose a sanction on the

educator on the basis of the alleged misconduct; or

(2) remove the notice from the educator's public

certification records.

(e) If it is determined that the educator has not engaged in

the alleged incident of misconduct, the board shall immediately
:

(1)
remove the notice from the educator's public

certification records
; and

(2)

notify the agency to remove the educator from the

registry
.

(f) The board shall propose rules necessary to administer

this section.

Sec.
22A.055
[
21.009
]. PRE-EMPLOYMENT
OR PRE-SERVICE

AFFIDAVIT. (a)
A person applying
[
An applicant
] for
employment

with or who will act as a service provider for an educational entity

[
a position described by Section 21.003(a) or (b) with a school

district, district of innovation, open-enrollment charter school,

private school, regional education service center, or shared

services arrangement
] must submit, using a form adopted by the

agency,
consent for release of the person's employment records and

a pre-employment
or pre-service
affidavit disclosing whether the

person
[
applicant
] has ever been
:

(1)

investigated by a law enforcement or child

protective services agency for, or
charged with, adjudicated for,

or convicted of
, an offense involving conduct described by Section

22A.051(a)(2)(A), (B), (C), or (D);

(2)

investigated by a licensing authority or had a

license, certificate, or permit denied, suspended, revoked, or

subject to another sanction in this state or another state for

conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);

(3) included in the registry;

(4)

employed or is currently employed by or has acted

or is currently acting as a service provider for a public or private

school; or

(5)

terminated or discharged or has resigned, in lieu

of being terminated or discharged, from a public or private school

[
having an inappropriate relationship with a minor
].

(b)
A person
[
An applicant
] who answers affirmatively

concerning an
action listed under Subsection (a)
[
inappropriate

relationship with a minor
] must disclose in the affidavit all

relevant facts
known to the person
pertaining to the
matter

[
charge, adjudication, or conviction
], including,
if applicable to

the action
[
for a charge
], whether the
allegation
[
charge
] was

determined to be true or false.

(c)
A person or service provider
[
An applicant
] is not

precluded from being employed
by or providing services to an

educational entity
based on a disclosed
allegation
[
charge
] if the

[
employing
] entity determines based on the information disclosed in

the affidavit that the
allegation
[
charge
] was false.

(d) A determination that an employee
or person providing

services
failed to disclose information required to be disclosed by

a person
[
an applicant
] under this section is grounds for

termination of employment
or service
.

(e)
An educational entity shall discharge or refuse to hire

or allow to act as a service provider for the entity a person

against whom a determination has been made under Subsection (d).

(f)
The
board
[
State Board for Educator Certification
] may

revoke the certificate of an administrator if the board determines

it is reasonable to believe that the administrator employed
a

person or accepted services from a service provider
[
an applicant

for a position described by Section 21.003(a) or (b)
] despite being

aware that the
person knowingly failed to disclose information

required to be disclosed under Subsection (a)
[
applicant had been

adjudicated for or convicted of having an inappropriate

relationship with a minor
].

(g)

A person commits an offense if the person fails to

disclose information required to be disclosed under Subsection (a).

An offense under this subsection is a Class B misdemeanor.

SECTION 1.11. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter C, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER C.

INVESTIGATION OF MISCONDUCT

SECTION 1.12. Section 22.094, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.101, Education Code, and

amended to read as follows:

Sec.
22A.101
[
22.094
]. NOTICE OF ALLEGED MISCONDUCT;

INVESTIGATION; HEARING. (a)
This section applies to:

(1) a
[
A
] person described by Section
22A.052(a)

[
22.093(b) and
] who is
:

(A)
the subject of a report that alleges

misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D);

(B)
[
22.093(c)(1)(A) or (B) or who is
] identified

as having engaged in [
that
] misconduct
described by Paragraph (A)

using the interagency reportable conduct search engine established

under Chapter 810, Health and Safety Code
;

(C)

the subject of a complaint alleging

misconduct described by Paragraph (A) filed with the agency; or

(D)

the subject of a Department of Family and

Protective Services report received by the agency under Section

261.406, Family Code; or

(2)

a person employed by or seeking employment in a

private school who does not hold a certification or permit issued

under Subchapter B, Chapter 21, and who is the subject of a report

that alleges misconduct described by Section 22A.301(a).

(b) A person to whom this section applies
[
,
] is entitled to

a hearing on the merits of the allegations of misconduct under the

procedures provided by Chapter 2001, Government Code, to contest

the allegation in the report
,
[
or
] search engine
, or complaint
.

(c)
[
(b)
] On receiving a report
or complaint
[
filed under

Section 22.093(f)
] or making an identification described by

Subsection (a), the commissioner shall promptly send to the person

who is the subject of the report or identification a notice that

includes:

(1) a statement informing the person that the person

must request a hearing on the merits of the allegations of

misconduct within the period provided by Subsection
(d)
[
(c)
];

(2) a request that the person submit a written

response within the period provided by Subsection
(d)
[
(c)
] to show

cause why the commissioner should not pursue an investigation; and

(3) a statement informing the person that if the

person does not timely submit a written response to show cause as

provided by Subdivision (2), the agency shall provide information

indicating the person is under investigation in the manner provided

by Subsection
(e)
[
(d)
].

(d)
[
(c)
] A person entitled to a hearing under Subsection

(b)
[
(a)
] must request a hearing and submit a written response to

show cause not later than the 10th day after the date the person

receives the notice from the commissioner provided under Subsection

(c)
[
(b)
].

(e)
[
(d)
] If a person who receives notice provided under

Subsection
(c)
[
(b)
] does not timely submit a written response to

show cause why the commissioner should not pursue an investigation,

the commissioner shall instruct the agency to make available

through the Internet portal developed and maintained by the agency

under Section
22A.155
[
22.095
] information indicating that the

person is under investigation for alleged misconduct.

(f)
[
(e)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] does not request a hearing as provided by Subsection
(d)

[
(c)
], the commissioner shall:

(1) based on the report filed under Section

22A.052(e), the complaint alleging misconduct,
[
22.093(f)
] or the

identification described by Subsection (a), make a determination

whether the person engaged in misconduct; and

(2) if the commissioner determines that the person

engaged in misconduct described by Section
22A.051(a)(2)(A), (B),

(C), or (D)
[
22.093(c)(1)(A) or (B)
], instruct the agency to add the

person's name to the registry [
maintained under Section 22.092
].

(g)
[
(f)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] requests a hearing as provided by Subsection
(d)
[
(c)
] and

the final decision in that hearing determines that the person

engaged in misconduct described by Section
22A.051(a)(2)(A), (B),

(C), or (D)
[
22.093(c)(1)(A) or (B)
], the commissioner shall

instruct the agency to add the person's name to the registry

[
maintained under Section 22.092
].

(h)
[
(g)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] requests a hearing as provided by Subsection
(d)
[
(c)
] and

the final decision in that hearing determines that the person did

not engage in misconduct described by Section
22A.051(a)(2)(A),

(B), (C), or (D)
[
22.093(c)(1)(A) or (B)
], the commissioner shall

instruct the agency to immediately remove from the Internet portal

developed and maintained by the agency under Section
22A.155

[
22.095
] the information indicating that the person is under

investigation for alleged misconduct.

(i)
[
(h)
] The commissioner shall adopt rules as necessary

to implement this section.
In adopting rules, the commissioner

shall follow any guidelines adopted by the board regarding

sanctions for misconduct described by Section 22A.051(a)(2)(A),

(C), or (D).

SECTION 1.13. Subchapter C, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.102 to read as

follows:

Sec.

22A.102.

PRELIMINARY DETERMINATION. To the extent

feasible, not later than the 30th day after receipt of a report

under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c),

the board or agency, as applicable, shall, based on a preliminary

review of the report, make a determination regarding whether:

(1)

if the person who is the subject of the report is

an educator, a notice of alleged misconduct should be placed on the

educator's public certification records under Section 22A.054; and

(2)

the person should be placed on the registry under

Section 22A.151 with an indication that the person is under

investigation for alleged misconduct.

SECTION 1.14. Section 21.062, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.103, Education Code, and

amended to read as follows:

Sec.
22A.103
[
21.062
]. ISSUANCE OF SUBPOENAS. (a) During

an investigation by the commissioner of an educator
or person who is

employed by or providing services to an educational entity
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.

(a-1)

A response to a subpoena described by Subsection

(a)(2) must be submitted through the Internet portal developed and

maintained by the agency under Section 22A.155 unless the

commissioner authorizes a different method of submission.

(b) A subpoena may be served personally
, electronically,
or

by certified mail.

(c) If a person fails to comply with a subpoena, the

commissioner, acting through the attorney general, may file suit to

enforce the subpoena in a district court in this state. On finding

that good cause exists for issuing the subpoena, the court shall

order the person to comply with the subpoena. The court may punish

a person who fails to obey the court order.

(d) All information and materials subpoenaed or compiled in

connection with an investigation described by Subsection (a) are

confidential and not subject to disclosure under Chapter 552,

Government Code.

(e) Except as provided by a protective order, and

notwithstanding Subsection (d), all information and materials

subpoenaed or compiled in connection with an investigation

described by Subsection (a) may be used in a disciplinary

proceeding against
a person
[
an educator
] based on an alleged

incident of misconduct.

SECTION 1.15. Subchapter C, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.104 to read as

follows:

Sec.

22A.104.

RESTRICTION ON SURRENDER OF CERTIFICATE OR

PERMIT PENDING INVESTIGATION.

If a person issued a certificate or

permit under Subchapter B, Chapter 21, attempts to surrender the

certificate or permit while the board is investigating an

allegation that the person engaged in misconduct described by

Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not

accept the surrender unless the person agrees to be included in the

registry.

SECTION 1.16. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter D, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER D.

PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF

SERVICES

SECTION 1.17. Section 22.092, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.151, Education Code, and

amended to read as follows:

Sec.
22A.151
[
22.092
]. REGISTRY OF PERSONS NOT ELIGIBLE FOR

EMPLOYMENT IN
OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES

[
PUBLIC SCHOOLS
]. (a) The agency shall maintain and make available

through the Internet portal developed and maintained by the agency

under Section
22A.155
[
22.095
] a registry of persons who are not

eligible to be employed by
or act as a service provider for an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
].

(b)
An educational entity
[
A school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement
]

shall discharge or refuse to hire
, or terminate or refuse to accept

services from,
a person listed on the registry [
maintained under

this section
].

(c)
An educational entity may not allow a person who is

listed on the registry to act as a service provider for the entity.

(d)
The registry [
maintained under this section
] must list

the following persons as not eligible to be employed by
or act as a

service provider for an educational entity
[
public schools
]:

(1) a person determined by the agency under Section

22.0832 as a person who would not be eligible for educator

certification under Subchapter B, Chapter 21;

(2) a person determined by the agency to be not

eligible for employment based on the person's criminal history

record information review, as provided by Section 22.0833;

(3) a person who is not eligible for employment based

on criminal history record information received by the agency under

Section
22A.201(b)
[
21.058(b)
];

(4) a person whose certification or permit
, or

application for a certification or permit,
issued under Subchapter

B, Chapter 21, is
denied or
revoked by the
board and who has not been

issued a certificate or permit under that subchapter subsequent to

that denial or revocation
[
State Board for Educator Certification

on a finding that the person engaged in misconduct described by

Section 21.006(b)(2)(A) or (A-1)
]; [
and
]

(5)
a person whose certification or permit issued

under Subchapter B, Chapter 21, is suspended by the board for a

reason other than under Section 21.105(c), 21.160(c), or 21.210(c)

for the period of the suspension;

(6)
a person who is determined by the commissioner

under Section
22A.101
[
22.094
] to have engaged in misconduct

described by Section
22A.051(a)(2)(A), (B), (C), or (D); and

(7)

a person temporarily included in the registry

under Section 22A.152 or 22A.153 for the term of the placement

[
22.093(c)(1)(A) or (B)
].

(e)

The registry must include information indicating

whether a person's listing in the registry expires.

A prohibition

applicable to a person included in the registry no longer applies to

a person whose listing in the registry has expired and, if

applicable, whose certification or permit under Subchapter B,

Chapter 21, has been reinstated.

(f)
[
(d)
] The agency shall provide equivalent access to the

registry [
maintained under this section
] to:

(1) private schools;

(2)
educational entities
[
public schools
]; [
and
]

(3) nonprofit teacher organizations approved by the

commissioner for the purpose of participating in the tutoring

program established under Section 33.913
;

(4)

entities that have entered into a contract to

operate a school district campus under Section 11.174; and

(5)

service providers for an educational entity that

are authorized by the entity to access the registry
.

(g)

Each school year, the superintendent or director of an

educational entity shall certify to the commissioner that the

entity has complied with this section.

If feasible, the

commissioner by rule shall consolidate the requirement under this

subsection with other reporting requirements applicable to the

entity.

(h)
[
(e)
] The
commissioner
[
agency
] shall adopt rules as

necessary to implement this section.

SECTION 1.18. Subchapter D, Chapter 22A, Education Code, as

added by this Act, is amended by adding Sections 22A.152, 22A.153,

and 22A.154 to read as follows:

Sec.

22A.152.

TEMPORARY INCLUSION IN REGISTRY BASED ON

CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a)

The

commissioner shall temporarily include a person in the registry if

the commissioner, based on evidence or information presented to the

commissioner regarding a complaint alleging misconduct by the

person, determines that the person's continued employment at or

provision of services to an educational entity constitutes a

continuing and imminent threat to the public welfare.

(b)

A person may be temporarily included in the registry

without notice or hearing on the complaint alleging the person's

misconduct if:

(1)

proceedings for a hearing before the State Office

of Administrative Hearings are initiated simultaneously with the

temporary inclusion; and

(2)

a hearing is held as soon as possible under this

chapter and Chapter 2001, Government Code.

(c)

The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 17th day after the date of

the temporary inclusion to determine whether probable cause exists

that the person's employment at or provision of services to an

educational entity constitutes a continuing and imminent threat to

the public welfare.

The probable cause hearing shall be conducted

as a de novo hearing.

(d)

The State Office of Administrative Hearings shall hold a

final hearing on the matter not later than the 61st day after the

date of the temporary inclusion.

(e)

The commissioner by rule shall adopt procedures for the

temporary inclusion of a person in the registry under this section.

Sec.

22A.153.

TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN

ARRESTS. (a)

The commissioner shall temporarily include a person

who is employed by or acting as a service provider for an

educational entity in the registry if the person is arrested for an

offense listed under Section 22A.201(a).

(b)

Before temporarily including a person described by

Subsection (a) in the registry, the commissioner must verify that

the person arrested for an offense described by that subsection is

the same person who is employed by or acting as a service provider

for an educational entity.

(c)

An inclusion in the registry under this section remains

in effect until the final disposition of the matter.

The State

Office of Administrative Hearings shall hold a final hearing on the

matter not later than the 61st day after the date of the final

disposition of any criminal charges related to the arrest to

determine whether the person should be included in the registry.

(d)

The commissioner shall adopt rules to implement this

section.

Sec.

22A.154.

REPORTING TO LAW ENFORCEMENT. (a)

In this

section, "law enforcement agency"

means:

(1) the Department of Public Safety;

(2) the police department of a municipality;

(3) the sheriff's office of a county; or

(4) a constable's office of a county.

(b)

The agency shall refer to an appropriate law enforcement

agency any allegation of misconduct that results in the inclusion

of a person in the registry that has not already been referred to a

law enforcement agency.

(c)

The agency shall refer any allegation of misconduct to

an appropriate law enforcement agency if the agency believes the

allegation includes evidence of criminal conduct.

(d)

The agency shall maintain a record of each allegation of

misconduct referred to a law enforcement agency under this section.

SECTION 1.19. Sections 22.095 and 22.096, Education Code,

are transferred to Subchapter D, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.155 and 22A.156,

Education Code, respectively, and amended to read as follows:

Sec.
22A.155
[
22.095
]. INTERNET PORTAL.
(a)
The agency

shall develop and maintain an Internet portal through which:

(1) a report required under Section
22A.051(d),

22A.052(e), 22A.301(c), or 22A.302(c) is
[
22.093(f) may be
]

confidentially and securely filed; and

(2) the agency makes available:

(A) the registry of persons who are not eligible

to be employed
by or act as service providers for educational

entities
[
in public schools
] as described by Section
22A.151

[
22.092
]; and

(B) information indicating that a person is under

investigation for alleged misconduct in accordance with Section

22A.101(e)
[
22.094(d)
], provided that the agency must provide the

information through a procedure other than the registry [
described

under Paragraph (A)
].

(b)

The Internet portal must comply with any requirements

adopted by the board for filing reports under Sections 22A.051 and

22A.301.

Sec.
22A.156
[
22.096
]. COMPLIANCE MONITORING
; AGENCY

INVESTIGATION AND REVIEW
.
(a)
The agency shall periodically

[
conduct site visits and
] review the records of
educational

entities
[
school districts, districts of innovation,

open-enrollment charter schools, other charter entities, regional

education service centers, and shared services arrangements
] to

ensure compliance with Section
22A.151(b)
[
22.092(b)
].

(b)

The agency shall review the investigations conducted by

educational entities involving allegations of misconduct described

by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the

investigations are conducted using appropriate investigative

protocols, including when cooperating with a law enforcement agency

or the Department of Family and Protective Services in accordance

with the policy adopted under Section 38.004.

If the agency

determines that an educational entity failed to follow appropriate

investigative protocols, the commissioner may authorize a special

investigation under Section 39.003.

(c)

The agency may directly investigate allegations of

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),

regardless of whether a report or complaint was filed with the

agency.

SECTION 1.20. Section 22.085, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.157, Education Code, and

amended to read as follows:

Sec.
22A.157
[
22.085
]. EMPLOYEES AND APPLICANTS CONVICTED

OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR

CERTAIN OFFENSES. (a)
An educational entity
[
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
entity
[
district, school, or shared services

arrangement
] obtains information through a criminal history record

information review that the employee or applicant has been:

(1) convicted of or placed on deferred adjudication

community supervision for an offense
described by Section

22A.201(a)(1)
[
for which a defendant is required to register as a

sex offender under Chapter 62, Code of Criminal Procedure
]; or

(2) convicted of
an
[
:

[
(A) a felony
] offense
described by Section

22A.201(a)(2)
[
under Title 5, Penal Code, if the victim of the

offense was under 18 years of age at the time the offense was

committed; or

[
(B)

an offense under the laws of another state

or federal law that is equivalent to an offense under Subdivision

(1) or Paragraph (A)
].

(b) Subsection (a) does not apply if the employee or

applicant for employment committed an offense under Title 5, Penal

Code and:

(1) the date of the offense is more than 30 years

before:

(A) the effective date of S.B. No. 9, Acts of the

80th Legislature, Regular Session, 2007, in the case of a person

employed by a school district, open-enrollment charter school, or

shared services arrangement as of that date; or

(B) the date the person's employment will begin,

in the case of a person applying for employment with a school

district, open-enrollment charter school, or shared services

arrangement after the effective date of S.B. No. 9, Acts of the 80th

Legislature, Regular Session, 2007; and

(2) the employee or applicant for employment satisfied

all terms of the court order entered on conviction.

(c)
An educational entity
[
A school district,

open-enrollment charter school, or shared services arrangement
]

may not allow a person who is an employee of or applicant for

employment by a qualified school contractor or an entity that

contracts with the
entity
[
district, school, or shared services

arrangement
] to serve [
at the district or school or
] for the
entity

[
shared services arrangement
] if the
entity
[
district, school, or

shared services arrangement
] obtains information described by

Subsection (a) through a criminal history record information review

concerning the employee or applicant.
An educational entity
[
A

school district, open-enrollment charter school, or shared

services arrangement
] must ensure that an entity that the

educational entity
[
district, school, or shared services

arrangement
] contracts with for services has obtained all criminal

history record information as required by Section 22.0834.

(d)
An educational entity or
[
A school district,

open-enrollment charter school,
] private school[
, regional

education service center, or shared services arrangement
] may

discharge an employee if the
entity
[
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
board
[
State Board for Educator Certification
] or

the
entity or
[
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.

(e) The
board
[
State Board for Educator Certification
] may

impose a sanction on an educator who does not discharge an employee

or refuse to hire an applicant for employment if the educator knows

or should have known, through a criminal history record information

review, that the employee or applicant has been:

(1) convicted of or placed on deferred adjudication

community supervision for an offense described by Subsection

(a)(1); or

(2) convicted of an offense described by Subsection

(a)(2).

(f) Each school year, the superintendent of a school

district or chief operating officer of an open-enrollment charter

school shall certify to the commissioner that the district or

school has complied with this section.

SECTION 1.21. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter E, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER E.

DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR

MISCONDUCT

SECTION 1.22. Section 21.058, Education Code, is

transferred to Subchapter E, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.201, Education Code, and

amended to read as follows:

Sec.
22A.201
[
21.058
].
DENIAL OR
REVOCATION OF CERTIFICATE

AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT

ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN

OFFENSES. (a) The procedures described by
this section

[
Subsections (b) and (c)
] apply only to:

(1) conviction of or placement on deferred

adjudication community supervision for
:

(A)
an offense for which a defendant is required

to register as a sex offender under Chapter 62, Code of Criminal

Procedure;

(B)

an offense under Section 21.12 or 43.24,

Penal Code;

(C)

a felony offense under Chapter 43, Penal

Code;

(D)

a felony offense involving school property;

or

(E)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A),

(B), (C), or (D); or

(2) conviction of
:

(A)
a felony offense under Title 5, Penal Code[
,

if the victim of the offense was under 18 years of age at the time

the offense was committed
]; or

(B)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A)

[
(3)

conviction of or placement on deferred

adjudication community supervision for an offense under Section

43.24, Penal Code
].

(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
Subchapter B, Chapter 21
[
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

person's
certificate issued under
Subchapter B, Chapter 21,
[
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)
for a
[
if the
] person [
is
] employed under a

probationary, continuing, or term contract under
Chapter 21
[
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
(e)

[
(c-2)
]; and

(C) terminate the employment of the person as

soon as practicable.

(d)
[
(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

Chapter 21
[
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
(e)
[
(c-2)
];

and

(3) terminate the employment of the person as soon as

practicable.

(e)
[
(c-2)
] A person's probationary, continuing, or term

contract
under Chapter 21
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
(d)(2)

[
(c-1)(2)
].

(f)

The board or a school district may not issue a

certificate or permit under Subchapter B, Chapter 21, to a person

who has been convicted of or placed on deferred adjudication for an

offense described by Subsection (a)(1) or who has been convicted of

an offense described by Subsection (a)(2)
[
(d)

A person whose

certificate is revoked under Subsection (b) may reapply for a

certificate in accordance with board rules
].

(g)
[
(e)
] Action taken by a school district or

open-enrollment charter school under Subsection (c) or
(d)
[
(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 1.23. Subchapter E, Chapter 22A, Education Code, as

added by this Act, is amended by adding Sections 22A.202 and 22A.203

to read as follows:

Sec.

22A.202.

TEMPORARY SUSPENSION OF CERTIFICATION OR

PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.

(a)

The board shall temporarily suspend an educator's

certification or permit issued under Subchapter B, Chapter 21, if

the board, based on evidence or information presented to the board

regarding a complaint alleging misconduct by the educator,

determines, by a majority vote of the board or of a five-person

committee of board members designated by the board, that the

educator's continued certification or permit issuance constitutes

a continuing and imminent threat to the public welfare.

(b)

Notwithstanding Chapter 551, Government Code, the board

or a committee described by Subsection (a) may hold a meeting by

telephone conference call if the board or committee determines that

immediate action is required and convening the board or committee

at one location would be inconvenient for any member of the board or

committee.

(c)

An educator's certification or permit may be

temporarily suspended under this section without notice or hearing

on the complaint alleging the educator's misconduct if:

(1)

proceedings for a hearing before the State Office

of Administrative Hearings are initiated simultaneously with the

temporary suspension; and

(2)

a hearing is held as soon as possible under this

chapter and Chapter 2001, Government Code.

(d)

The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 17th day after the date of

the temporary suspension to determine whether probable cause exists

that the educator's certification or permit issuance constitutes a

continuing and imminent threat to the public welfare.

The probable

cause hearing shall be conducted as a de novo hearing.

(e)

The State Office of Administrative Hearings shall hold a

final hearing on the matter not later than the 61st day after the

date of the temporary suspension.

(f)

The board shall propose rules adopting procedures for

the temporary suspension of an educator's certification or permit

under this section.

Sec.

22A.203.

TEMPORARY SUSPENSION OF CERTIFICATION OR

PERMIT FOR CERTAIN ARRESTS. (a)

The board shall temporarily

suspend an educator's certification or permit issued under

Subchapter B, Chapter 21, if the educator is arrested for an offense

listed under Section 22A.201(a).

(b)

Before suspending an educator's certification or permit

under Subsection (a), the board or a five-person committee of board

members designated by the board must verify that the person

arrested for an offense described by that subsection is the same

person who holds a certification or permit issued under Subchapter

B, Chapter 21, by the board.

(c)

A suspension under this section remains in effect until

the final disposition of the matter.

The State Office of

Administrative Hearings shall hold a final hearing on the matter

not later than the 61st day after the date of the final disposition

of any criminal charges related to the arrest to determine whether

the person's certification or permit should be revoked.

(d) The board shall propose rules to implement this section.

SECTION 1.24. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F.

OTHER REPORTING REQUIREMENTS

Sec.

22A.251.

REPORT BY AGENCY.

(a)

The agency, in

cooperation with the board, shall, on a quarterly basis, post on the

agency's Internet website a report on educator, employee,

contractor, and service provider misconduct reported under this

chapter.

(b)

The report under Subsection (a) must be disaggregated by

type of misconduct and include:

(1)

the number of reports of alleged misconduct,

categorized by the source of the report and whether the person who

is the subject of the report holds a certification or permit issued

under Subchapter B, Chapter 21;

(2)

the number of preliminary reviews under Section

22A.102 that resulted in a formal investigation;

(3)

the number of preliminary reviews under Section

22A.102 that did not result in a formal investigation, categorized

by reason for disposition;

(4)

the number of formal investigations, categorized

by disposition;

(5)

the number of individuals sanctioned by the board

or placed on the registry following a formal investigation; and

(6)

any other information as determined by the board

or commissioner.

SECTION 1.25. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter G, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER G.

REQUIRED MISCONDUCT REPORTING:

PRIVATE SCHOOLS AND

EDUCATIONAL PROVIDERS

SECTION 1.26. Section 21.0062, Education Code, is

transferred to Subchapter G, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.301, Education Code, and

amended to read as follows:

Sec.
22A.301
[
21.0062
]. REQUIREMENT TO REPORT MISCONDUCT:

PRIVATE SCHOOLS. (a) [
In this section:

[
(1)

"Abuse" has the meaning assigned by Section

261.001, Family Code, and includes any sexual conduct involving a

student or minor and private school educator.

[
(2)

"Private school educator" means a person employed

by or seeking employment in a private school for a position in which

the person would be required to hold a certificate issued under

Subchapter B if the person were employed by a school district.

[
(b)
] In addition to the reporting requirement under

Section 261.101, Family Code, the chief administrative officer of a

private school shall notify the
board
[
State Board for Educator

Certification
] if
the chief administrative officer becomes aware of

evidence that a person employed by or seeking employment in
a

private school
engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D)
[
educator:

[
(1)

has a criminal record and the private school

obtained information about the educator's criminal record; or

[
(2)

was terminated and there is evidence that the

educator:

[
(A)

abused or otherwise committed an unlawful

act with a student or minor; or

[
(B)

was involved in a romantic relationship with

or solicited or engaged in sexual contact with a student or minor
].

(b)
[
(c)
] If there is evidence that a private school

employee
[
educator
] may have engaged in misconduct described by

Subsection
(a)
[
(b)
] and the
employee
[
educator
] resigns from

employment before completion of the investigation, the chief

administrative officer of the private school shall submit the

evidence of misconduct collected to the
board
[
State Board for

Educator Certification
].

(c)
[
(d)
] The chief administrative officer of the private

school must notify the
board
[
State Board for Educator

Certification
] by filing a report with the board
not later than 48

hours after the chief administrative officer becomes aware of

evidence of
[
not later than the seventh business day after the date

the chief administrative officer knew that a private school

educator:

[
(1) has a criminal record under Subsection (b)(1); or

[
(2) was terminated following
] an alleged incident of

misconduct described by Subsection
(a)
[
(b)(2)
].

(d)
[
(e)
] The report filed under Subsection
(c)
[
(d)
] must

be:

(1) in writing; [
and
]

(2) in a form prescribed by the board
; and

(3)

filed through the Internet portal developed and

maintained by the agency under Section 22A.155
.

(e)
[
(f)
] Any person who knows or has reason to believe that

a person employed by or seeking employment in
a private school

[
educator
] engaged in the misconduct described by Subsection
(a)

[
(b)(2)
] may file a report with the
board
[
State Board for Educator

Certification
] under this section.

(f)
[
(g)
] A chief administrative officer of a private

school or any other person who in good faith files a report with the

board
[
State Board for Educator Certification
] under this section

or communicates with a chief administrative officer or other

administrator of a private school concerning [
the criminal record

of or
] an alleged incident of misconduct by
a person employed by or

seeking employment in
a private school [
educator
] is immune from

civil or criminal liability that might otherwise be incurred or

imposed.

(g)
[
(h)
] The name of a student or minor who is the victim of

abuse or unlawful conduct by
a person employed by or seeking

employment in
a private school [
educator
] must be included in a

report filed under this section, but the name of the student or

minor is not public information under Chapter 552, Government Code.

(h)
[
(i)
] The
board
[
State Board for Educator

Certification
] shall propose rules as necessary to implement this

section.

SECTION 1.27. Subchapter G, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.302 to read as

follows:

Sec.

22A.302.

REQUIREMENT FOR COMPTROLLER TO REPORT

EDUCATIONAL PROVIDER MISCONDUCT TO AGENCY AND BOARD. (a)

This

section applies to a person who is employed by or contracts with an

educational provider to provide educational services to a child

participating in the education savings account program.

(b)

In addition to the reporting requirement under Section

261.101, Family Code, the comptroller shall notify the board and

the commissioner if the comptroller:

(1)

becomes aware of evidence that a person described

by Subsection (a) engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D); or

(2)

obtains criminal history record information

relating to misconduct described by Subdivision (1) for a person

described by Subsection (a).

(c)

The comptroller must notify the board and the

commissioner by filing a report with the board and the commissioner

not later than 48 hours after the comptroller:

(1)

knew about the termination or resignation from

employment or cessation of service of a person described by

Subsection (a) by the person's educational provider following an

alleged incident of misconduct described by Subsection (b)(1); or

(2)

becomes aware of evidence of misconduct described

by Subsection (b)(1).

(d) The report under Subsection (c) must be:

(1) in writing;

(2) in a form prescribed by the commissioner; and

(3)

filed through the Internet portal developed and

maintained by the agency under Section 22A.155.

(e)

The comptroller shall notify the person who is the

subject of the report required under Subsection (c) and the

person's educational provider of the filing of the report.

(f)

The name of a student or minor who is the victim of abuse

or unlawful conduct must be included in a report filed under this

section, but the name of the student or minor is not public

information under Chapter 552, Government Code.

(g)

The comptroller shall require an educational provider,

as a condition of participating in the education savings account

program, to provide information, in the manner and form prescribed

by the comptroller, necessary for the comptroller to comply with

this section.

(h)

The board shall propose rules and the commissioner shall

adopt rules as necessary to implement this section.

SECTION 1.28. Section 39.003(a), Education Code, is amended

to read as follows:

(a) The commissioner may authorize special 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;

(15) when 10 percent or more of the students

graduating in a particular school year from a particular high

school campus are awarded a diploma based on the determination of an

individual graduation committee under Section 28.0258;

(16) when a school district for any reason fails to
:

(A)
produce, at the request of the agency,

evidence or an investigation report relating to
a person
[
an

educator
] who is under investigation by the State Board for

Educator Certification
or the agency; or

(B)

timely submit a report required under Chapter

22A regarding a person who is required to be reported to the State

Board for Educator Certification or the agency under that chapter
;

or

(17) as the commissioner otherwise determines

necessary.

SECTION 1.29. Section 261.001, Family Code, is amended by

amending Subdivision (1) and adding Subdivision (3-a) to read as

follows:

(1) "Abuse" includes the following acts or omissions

by a person:

(A) mental or emotional injury to a child that

results in an observable and material impairment in the child's

growth, development, or psychological functioning;

(B) causing or permitting the child to be in a

situation in which the child sustains a mental or emotional injury

that results in an observable and material impairment in the

child's growth, development, or psychological functioning;

(C) physical injury that results in substantial

harm to the child, or the genuine threat of substantial harm from

physical injury to the child, including an injury that is at

variance with the history or explanation given and excluding an

accident or reasonable discipline by a parent, guardian, or

managing or possessory conservator that does not expose the child

to a substantial risk of harm;

(D) failure to make a reasonable effort to

prevent an action by another person that results in physical injury

that results in substantial harm to the child;

(E) sexual conduct harmful to a child's mental,

emotional, or physical welfare, including conduct that constitutes

the offense of continuous sexual abuse of young child or disabled

individual under Section 21.02, Penal Code, indecency with a child

under Section 21.11, Penal Code,
improper relationship between

educator and student under Section 21.12, Penal Code,
sexual

assault under Section 22.011, Penal Code, or aggravated sexual

assault under Section 22.021, Penal Code;

(F) failure to make a reasonable effort to

prevent sexual conduct harmful to a child;

(G) compelling or encouraging the child to engage

in sexual conduct as defined by Section 43.01, Penal Code,

including compelling or encouraging the child in a manner that

constitutes an offense of trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under

Section 43.021, Penal Code, or compelling prostitution under

Section 43.05(a)(2), Penal Code;

(H) causing, permitting, encouraging, engaging

in, or allowing the photographing, filming, or depicting of the

child if the person knew or should have known that the resulting

photograph, film, or depiction of the child is obscene as defined by

Section 43.21, Penal Code, or pornographic;

(I) the current use by a person of a controlled

substance as defined by Chapter 481, Health and Safety Code, in a

manner or to the extent that the use results in physical, mental, or

emotional injury to a child;

(J) causing, expressly permitting, or

encouraging a child to use a controlled substance as defined by

Chapter 481, Health and Safety Code;

(K) causing, permitting, encouraging, engaging

in, or allowing a sexual performance by a child as defined by

Section 43.25, Penal Code;

(L) knowingly causing, permitting, encouraging,

engaging in, or allowing a child to be trafficked in a manner

punishable as an offense under Section 20A.02(a)(5), (6), (7), or

(8), Penal Code, or the failure to make a reasonable effort to

prevent a child from being trafficked in a manner punishable as an

offense under any of those sections; or

(M) forcing or coercing a child to enter into a

marriage.

(3-a) "Law enforcement agency" means:

(A) the Department of Public Safety;

(B) the police department of a municipality;

(C) the sheriff's office of a county; or

(D) a constable's office of a county.

SECTION 1.30. Sections 261.101(b) and (d), Family Code, are

amended to read as follows:

(b) If a professional has reasonable cause to believe that a

child has been abused or neglected or may be abused or neglected, or

that a child is a victim of an offense under Section 21.11, Penal

Code, and the professional has reasonable cause to believe that the

child has been abused as defined by Section 261.001, the

professional shall make a report not later than the
24th
[
48th
] hour

after the hour the professional first has reasonable cause to

believe that the child has been or may be abused or neglected or is a

victim of an offense under Section 21.11, Penal Code. A

professional may not delegate to or rely on another person to make

the report. In this subsection, "professional" means an individual

who is licensed or certified by the state or who is an employee of a

facility licensed, certified, or operated by the state and who, in

the normal course of official duties or duties for which a license

or certification is required, has direct contact with children.

The term includes teachers, nurses, doctors, day-care employees,

employees of a clinic or health care facility that provides

reproductive services, juvenile probation officers, and juvenile

detention or correctional officers.

(d) Unless waived in writing by the person making the

report, the identity of an individual making a report under this

chapter is confidential and may be disclosed only:

(1) as provided by Section 261.201; [
or
]

(2) to a law enforcement officer for the purposes of

conducting a criminal investigation of the report
; or

(3)

to the Texas Education Agency or the State Board

for Educator Certification, on request by the agency or board, for

the purposes of:

(A) conducting an investigation of the report;

(B)

conducting an investigation of an allegation

that a person failed to submit a report as required under this

chapter; or

(C)

compliance monitoring or conducting an

investigation or review of an investigation under Section 22A.156,

Education Code
.

SECTION 1.31. Section 261.103(a), Family Code, is amended

to read as follows:

(a) Except as provided by Subsections (b) and (c) and

Section 261.405, a report shall be made to:

(1)
a
[
any local or state
] law enforcement agency;

(2) the department; or

(3) the state agency that operates, licenses,

certifies, or registers the facility in which the alleged abuse or

neglect occurred.

SECTION 1.32. Sections 261.104(b) and (d), Family Code, are

amended to read as follows:

(b) If the individual making a report of child abuse or

neglect uses the toll-free telephone number the department operates

for reporting child abuse or neglect and the individual is

unwilling to provide the information described by Subsection

(a)(4), the department representative receiving the report shall

notify the individual that:

(1) the department is not authorized to accept an

anonymous report of abuse or neglect;

(2) the individual may report the abuse or neglect by

making a report to
a
[
any local or state
] law enforcement agency;

and

(3) the identity of an individual making a report

under this subchapter is confidential and may be disclosed only:

(A) as provided by Section 261.201; [
or
]

(B) to a law enforcement officer for the purposes

of conducting a criminal investigation of the report
; or

(C)

to the Texas Education Agency or the State

Board for Educator Certification, on request by the agency or

board, for the purposes of:

(i)

conducting an investigation of the

report;

(ii)

conducting an investigation of an

allegation that a person failed to submit a report as required under

this chapter; or

(iii)

compliance monitoring or conducting

an investigation or review of an investigation under Section

22A.156, Education Code
.

(d) If a report of abuse or neglect is made orally, the

department or [
local or state
] law enforcement agency receiving the

report shall:

(1) notify the individual making the report that:

(A) the report is being recorded; and

(B) making a false report is a criminal offense

under Section 261.107 punishable as a state jail felony or a third

degree felony; and

(2) make an audio recording of the report.

SECTION 1.33. Sections 261.105(a), (b), and (d), Family

Code, are amended to read as follows:

(a) All reports received by a [
local or state
] law

enforcement agency that allege abuse or neglect by a person

responsible for a child's care, custody, or welfare shall be

referred immediately to the department.

(b) The department shall immediately notify the appropriate

[
state or local
] law enforcement agency of any report it receives,

other than a report from a law enforcement agency, that concerns the

suspected abuse or neglect of a child or death of a child from abuse

or neglect.

(d) If the department initiates an investigation and

determines that the abuse or neglect does not involve a person

responsible for the child's care, custody, or welfare, the

department shall refer the report to
the appropriate
[
a
] law

enforcement agency for further investigation. If the department

determines that the abuse or neglect involves an employee of a

public or private elementary or secondary school, [
and that the

child is a student at the school,
] the department shall [
orally
]

notify
, in writing,
the superintendent of the school district, the

director of the open-enrollment charter school, or the chief

executive officer of the private school in which the employee is

employed about the investigation.
The written notice required by

this subsection may be provided by e-mail to the official e-mail

address of the appropriate official, if that e-mail address is

publicly available.

SECTION 1.34. Sections 261.301(a) and (c), Family Code, are

amended to read as follows:

(a) With assistance from the appropriate [
state or local
]

law enforcement agency as provided by this section, the department

shall make a prompt and thorough investigation of a report of child

abuse or neglect allegedly committed by a person responsible for a

child's care, custody, or welfare. The investigation shall be

conducted without regard to any pending suit affecting the

parent-child relationship.

(c) The department is not required to investigate a report

that alleges child abuse, neglect, or exploitation by a person

other than a person responsible for a child's care, custody, or

welfare. The appropriate [
state or local
] law enforcement agency

shall investigate that report if the agency determines an

investigation should be conducted.

SECTION 1.35. Section 261.304(a), Family Code, is amended

to read as follows:

(a) If an individual makes an anonymous report of child

abuse or neglect by a person responsible for a child's care,

custody, or welfare to a [
local or state
] law enforcement agency and

the agency refers the report to the department, the department

shall conduct a preliminary investigation to determine whether

there is any evidence to corroborate the report.

SECTION 1.36. Section 261.308, Family Code, is amended by

adding Subsection (f) to read as follows:

(f)

The department shall release information required to be

released to the Texas Education Agency or the State Board for

Educator Certification under Subsection (d) or (e) by submitting

the information through the Internet portal developed and

maintained by the agency under Section 22A.155, Education Code.

SECTION 1.37. Section 261.402(b), Family Code, is amended

to read as follows:

(b) A state agency shall immediately notify the appropriate

[
state or local
] law enforcement agency of any report the agency

receives, other than a report from a law enforcement agency, that

concerns the suspected abuse, neglect, or exploitation of a child

or the death of a child from abuse or neglect. If the state agency

finds evidence indicating that a child may have been abused,

neglected, or exploited, the agency shall report the evidence to

the appropriate law enforcement agency.

SECTION 1.38. Section 261.406(b), Family Code, is amended

to read as follows:

(b) The department shall send a copy of the completed report

of the department's investigation to the Texas Education Agency or,

in the case of a private school, the school's chief executive

officer. On request, the department shall provide a copy of the

completed report of the department's investigation to the State

Board for Educator Certification, the local school board or the

school's governing body, the superintendent of the school district,

the public school principal or director, or the chief executive

officer of the private school, unless the principal, director, or

chief executive officer is alleged to have committed the abuse or

neglect, for appropriate action. On request, the department shall

provide a copy of the report of investigation to the parent,

managing conservator, or legal guardian of a child who is the

subject of the investigation and to the person alleged to have

committed the abuse or neglect. The report of investigation shall

be edited to protect the identity of the persons who made the report

of abuse or neglect
unless the Texas Education Agency or State Board

for Educator Certification requests the identity of the persons who

made the report under Section 261.101(d)(3)
. Except as otherwise

provided by this subsection, Section 261.201(b) applies to the

release of the report relating to the investigation of abuse or

neglect under this section and to the identity of the person who

made the report of abuse or neglect.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Section 7.028(a), Education Code, is amended

to read as follows:

(a) Except as provided by Section
22A.051(m)
[
21.006(k)
],

22A.052(l)
[
22.093(l)
],
22A.156
[
22.096
], 28.006, 29.001(5),

29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the

agency may monitor compliance with requirements applicable to a

process or program provided by a school district, campus, program,

or school granted charters under Chapter 12, including the process

described by Subchapter F, Chapter 11, or a program described by

Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A,

Chapter 37, only as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance

with grant requirements;

(3) data integrity for purposes of:

(A) the Public Education Information Management

System (PEIMS); and

(B) accountability under Chapters 39 and 39A; and

(4) qualification for funding under Chapter 48.

SECTION 2.02. Section 12.0271, Education Code, is amended

to read as follows:

Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. A home-rule school district

commits a material violation of the school district's charter if

the school district fails to comply with the duty to discharge or

refuse to hire
, or terminate or refuse to accept services from,

certain employees
,
[
or
] applicants for employment
, or service

providers
under Section
22A.151 or 22A.157, as applicable
[
22.085

or 22.092
].

SECTION 2.03. Section 12.0631, Education Code, is amended

to read as follows:

Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. A campus or campus program

granted a charter under this subchapter commits a material

violation of its charter if the campus or program fails to comply

with the duty to discharge or refuse to hire
, or terminate or refuse

to accept services from,
certain employees
,
[
or
] applicants for

employment
, or service providers
under Section 12.1059,
22A.151, or

22A.157, as applicable
[
22.085, or 22.092
].

SECTION 2.04. Section 12.104(b), Education Code, is amended

to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section
22A.051 or

22A.052
[
21.006
] to report [
an educator's
] misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; and

(Y) parental options to retain a student under

Section 28.02124.

SECTION 2.05. Section 12.1059, Education Code, is amended

to read as follows:

Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN

EMPLOYEES. A person may not be employed by or serve as a teacher,

librarian, educational aide, administrator, or school counselor

for an open-enrollment charter school unless:

(1) the person has been approved by the agency

following a review of the person's national criminal history record

information as provided by Section 22.0832; and

(2) the school has confirmed that the person is not

included in the registry under Section
22A.151
[
22.092
].

SECTION 2.06. Section 12.1151, Education Code, is amended

to read as follows:

Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. An open-enrollment charter

school commits a material violation of the school's charter if the

school fails to comply with the duty to discharge or refuse to hire
,

or terminate or refuse to accept services from,
certain employees
,

[
or
] applicants for employment
, or service providers
under Section

12.1059,
22A.151, or 22A.157, as applicable
[
22.085, or 22.092
].

SECTION 2.07. Section 12.252(b), Education Code, is amended

to read as follows:

(b) An adult education program operated under a charter

granted under this subchapter is subject to:

(1) a provision of this title establishing a criminal

offense; and

(2) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary as determined by the

commissioner to monitor compliance with this subchapter and, as

applicable, Subchapter D;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) high school graduation requirements under

Section 28.025, to the extent applicable to a program participant;

(D) special education programs under Subchapter

A, Chapter 29;

(E) bilingual education under Subchapter B,

Chapter 29;

(F) health and safety under Chapter 38;

(G) the requirement under Section
22A.051 or

22A.052
[
21.006
] to report [
an educator's
] misconduct; and

(H) the right of an employee to report a crime, as

provided by Section 37.148.

SECTION 2.08. Section 12A.008(b-1), Education Code, is

amended to read as follows:

(b-1) The commissioner may terminate a district's

designation as a district of innovation if the district fails to

comply with the duty to discharge or refuse to hire certain

employees or applicants for employment under Section 12.1059,

applicable to the district under Section 12A.004(a)(1), or Section

22A.151 or 22A.157
[
22.085 or 22.092
].

SECTION 2.09. Section 21.054(e), Education Code, is amended

to read as follows:

(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) digital learning, digital teaching, and

integrating technology into campus curriculum and instruction;

(4) effective implementation of a comprehensive

school counseling program under Section 33.005;

(5) mental health programs addressing a mental health

condition;

(6) educating diverse student populations, including:

(A) students who are educationally

disadvantaged;

(B) emergent bilingual students; and

(C) students at risk of dropping out of school;

and

(7) 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
22A.051
[
21.006
] of this code.

SECTION 2.10. Section 21.0585, Education Code, is amended

to read as follows:

Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF

CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall

promptly notify the agency for purposes of Section
22A.151
[
22.092
]

if the board revokes a certificate or permit of a person on a

finding that the person engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D)
[
21.006(b)(2)(A) or (A-1)
].

SECTION 2.11. Section 22.0815(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section
22A.001
[
21.006
].

SECTION 2.12. Section 22.0825(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section
22A.001
[
21.006
].

SECTION 2.13. Section 22.0833(g), Education Code, is

amended to read as follows:

(g) A school district, open-enrollment charter school, or

shared services arrangement shall provide the agency with the name

of a person to whom this section applies. The agency shall obtain

all criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information of the person and notify the district, school,

or shared services arrangement if the person may not be hired or

must be discharged as provided by Section
22A.157
[
22.085
].

SECTION 2.14. Section 22.0834(o), Education Code, is

amended to read as follows:

(o) A school district, charter school, regional education

service center, commercial transportation company, education

shared services arrangement, or qualified school contractor,

contracting entity, or subcontracting entity may not permit an

employee to whom Subsection (a) applies to provide services at a

school if the employee has been convicted of a felony or misdemeanor

offense that would prevent a person from being employed under

Section
22A.157(a)
[
22.085(a)
].

SECTION 2.15. Section 22.0836(g), Education Code, is

amended to read as follows:

(g) A school district, open-enrollment charter school, or

shared services arrangement shall provide the agency with the name

of a person to whom this section applies. The agency shall obtain

all criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information and certification records of the person and

notify the district, school, or shared services arrangement if the

person:

(1) may not be hired or must be discharged as provided

by Section
22A.157
[
22.085
]; or

(2) may not be employed as a substitute teacher

because the person's educator certification has been revoked or is

suspended.

SECTION 2.16. Section 33.913(b), Education Code, is amended

to read as follows:

(b) To participate in the program as a tutor, a person must:

(1) be an active or retired teacher;

(2) apply for the position in a manner specified by the

nonprofit organization;

(3) designate in the application whether the person

plans to provide tutoring:

(A) for compensation, on a volunteer basis, or

both; and

(B) in person, online, or both; and

(4) not be included in the registry of persons not

eligible for employment by a public school under Section
22A.151

[
22.092
].

SECTION 2.17. Section 39.0302(a), Education Code, is

amended to read as follows:

(a) During an agency investigation or audit of a school

district under Section 39.0301(e) or (f), a special investigation

under Section 39.003(a)(8) or (14), a compliance review under

Section
22A.051(m), 22A.052(l)
[
21.006(k), 22.093(l)
], or
22A.156

[
22.096
], or an investigation by the State Board for Educator

Certification of an educator for an alleged violation of an

assessment instrument security procedure established under Section

39.0301(a), the commissioner may issue a subpoena to compel the

attendance of a relevant witness or the production, for inspection

or copying, of relevant evidence that is located in this state.

SECTION 2.18. Section 810.003(a), Health and Safety Code,

is amended to read as follows:

(a) The department, in collaboration with each

participating state agency, shall establish an interagency

reportable conduct search engine for persons to search information

on reportable conduct in accordance with this chapter and rules

adopted under this chapter maintained by:

(1) the Department of Family and Protective Services

in the central registry established under Section 261.002, Family

Code;

(2) the Health and Human Services Commission in the

employee misconduct registry established under Chapter 253;

(3) the Texas Education Agency in the registry

established under Section
22A.151
[
22.092
], Education Code; and

(4) the Texas Juvenile Justice Department in the

integrated certification information system and in any informal

list the Texas Juvenile Justice Department maintains.

SECTION 2.19. Section 810.004(b), Health and Safety Code,

is amended to read as follows:

(b) In addition to the eligible individuals described by

Subsection (a), each participating state agency shall designate

additional users who are eligible to access the search engine and

may require those users to determine whether an individual has

engaged in reportable conduct. The additional designated users may

include controlling persons, hiring managers, or administrators

of:

(1) licensed or certified long-term care providers,

including:

(A) home and community support services agencies

licensed under Chapter 142;

(B) nursing facilities licensed under Chapter

242;

(C) assisted living facilities licensed under

Chapter 247;

(D) prescribed pediatric extended care centers

licensed under Chapter 248A;

(E) intermediate care facilities for individuals

with an intellectual disability licensed under Chapter 252;

(F) state supported living centers, as defined by

Section 531.002; and

(G) day activity and health services facilities

licensed under Chapter 103, Human Resources Code;

(2) providers under a Section 1915(c) waiver program,

as defined by Section
521.0001
[
531.001
], Government Code;

(3) juvenile probation departments and registered

juvenile justice facilities;

(4) independent school districts, districts of

innovation, open-enrollment charter schools, other charter

entities, as defined by Section
22A.001
[
21.006
], Education Code,

regional education service centers, education shared services

arrangements, or any other educational entity or provider that is

authorized to access the registry established under Section
22A.151

[
22.092
], Education Code;

(5) private schools that:

(A) offer a course of instruction for students in

this state in one or more grades from prekindergarten through grade

12; and

(B) are:

(i) accredited by an organization

recognized by the Texas Education Agency or the Texas Private

School Accreditation Commission;

(ii) listed in the database of the National

Center for Education Statistics of the United States Department of

Education; or

(iii) otherwise authorized by Texas

Education Agency rule to access the search engine; and

(6) nonprofit teacher organizations approved by the

commissioner of education for the purpose of participating in the

tutoring program established under Section 33.913, Education Code.

SECTION 2.20. The following provisions of the Education

Code are repealed:

(1) the heading to Section 21.006;

(2) Sections 21.006(c-2) and (g-1);

(3) the heading to Subchapter C-1, Chapter 22; and

(4) Section 22.091.

ARTICLE 3. TRANSITION; EFFECTIVE DATE

SECTION 3.01. (a) Except as provided by Subsection (b) of

this section, this Act applies beginning with the 2025-2026 school

year.

(b) Section 22A.302, Education Code, as added by this Act,

applies beginning with the 2026-2027 school year.

SECTION 3.02. To the extent of any conflict, this Act

prevails over another Act of the 89th Legislature, Regular Session,

2025, relating to nonsubstantive additions to and corrections in

enacted codes.

SECTION 3.03. Sections 22A.051 and 22A.052, Education Code,

as transferred, redesignated, and amended by this Act, apply only

to an offense committed on or after September 1, 2025. An offense

committed before September 1, 2025, 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 September 1, 2025, if any element of

the offense occurred before that date.

SECTION 3.04. 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, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 571 passed the Senate on

May 8, 2025, by the following vote: Yeas 30, Nays 1; and that the

Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 571 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 126,

Nays 10, three present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor