Bill Text: TX HB4125 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the requirement that law enforcement agencies notify school districts when a school district employee is under investigation for certain criminal offenses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-03-27 - Referred to Public Education [HB4125 Detail]
Download: Texas-2025-HB4125-Introduced.html
| By: Harless | H.B. No. 4125 | |
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| relating to the requirement that law enforcement agencies notify | ||
| school districts when a school district employee is under | ||
| investigation for certain criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 37, Education Code, is amended by adding | ||
| Section 37.089 to read as follows: | ||
| Sec. 37.089. NOTIFICATION OF SCHOOL DISTRICT REGARDING | ||
| EMPLOYEE UNDER INVESTIGATION | ||
| (a) DEFINITIONS AND SCOPE. In this section: | ||
| (1) "Law enforcement agency" means any agency of this | ||
| state, or of a county, municipality, or other political subdivision | ||
| of this state, that employs peace officers and/or is responsible | ||
| for the enforcement of the Texas Penal Code and the investigation of | ||
| criminal offenses. | ||
| (2) "Educational Institution" means: | ||
| (A) A public school district as defined under the | ||
| Texas Education Code; | ||
| (B) An open-enrollment charter school under | ||
| Subchapter D, Chapter 12, Texas Education Code; | ||
| (C) A private school as defined by Texas law; | ||
| (D) An accredited academy of any other legally | ||
| recognized school entity operating within the state of Texas; | ||
| (3) "Educational Institution Employee" means an | ||
| individual employed by an educational institution as defined in | ||
| this section. | ||
| (b) INVESTIGATION NOTIFICATION REQUIREMENT. A law | ||
| enforcement agency that initiates an investigation, makes an | ||
| arrest, secures an indictment, or formally charges an educational | ||
| institution employee for: | ||
| (1) Any offense under Title 5, Penal Code, if the | ||
| alleged victim is a child under 18 years of age or a current student | ||
| in an educational institution; | ||
| (2) Any offense under Chapter 43, Penal Code, if the | ||
| alleged victim is a child under 18 years of age or a current student | ||
| in an educational institution; or | ||
| (3) Any felony offense, regardless of the age of the | ||
| alleged victim; | ||
| Shall notify the chief of police of the educational | ||
| institution where the employee is employed or, if the educational | ||
| institution does not have a police department, the superintendent, | ||
| chief executive officer, or designee of the educational | ||
| institution. | ||
| If the law enforcement agency determines that no charges will | ||
| be filed or the case is dismissed, the agency must notify the | ||
| educational institution within two working days to ensure that | ||
| administrative decisions are based on updated information. | ||
| (c) NOTIFICATION TIMELINES AND CONTENT. The notification | ||
| required under Subsection (b) must include: | ||
| (1) Oral Notification: The law enforcement agency | ||
| shall orally notify the district's superintendent or the chief of | ||
| police of the educational institution within 24 hours after the | ||
| investigation is initiated or before the next school day, whichever | ||
| is earlier; and | ||
| (2) Written Notification: Within seven days after the | ||
| date of the oral notice, the law enforcement agency shall send a | ||
| written notification marked "PERSONAL and CONFIDENTIAL" to the | ||
| district's superintendent or chief of police. The written | ||
| notification shall include: | ||
| (i) The nature of the investigation and any | ||
| relevant safety concerns; | ||
| (ii) The name of the individual under | ||
| investigation; | ||
| (iii) The date and time the oral notification was | ||
| provided; and | ||
| (iv) Any non-confidential facts necessary for | ||
| school administrators to determine student and staff safety | ||
| precautions. | ||
| (d) CONFIDENTIALITY, INVESTIGATION INTEGRITY, AND EVIDENCE | ||
| PROTECTION. The notifications listed under Subsection (c) shall | ||
| not disclose any confidential information prohibited by law or any | ||
| details that could compromise an active investigation, including | ||
| specific evidence, witness identities, or investigative | ||
| strategies, but shall provide sufficient information for the | ||
| educational institution to take any necessary administrative or | ||
| safety measures. | ||
| Any information received under this section may not be | ||
| disclosed to unauthorized individuals. The district's | ||
| superintendent or chief of police may only share this information | ||
| with: | ||
| (1) Law enforcement personnel involved in the | ||
| investigation; | ||
| (2) School administrators with direct responsibility | ||
| over the employee under investigation; | ||
| (3) Legal counsel for the educational institution; and | ||
| (4) Instructional and support personnel with direct | ||
| supervision responsibilities, if required for student safety. | ||
| Any unauthorized disclosure of information is subject to | ||
| disciplinary action and may be reported to the State Board for | ||
| Educator Certification for possible suspension or revocation of the | ||
| offending individual's educator certification. | ||
| (e) ONGOING UPDATES. The law enforcement agency shall | ||
| provide updates to the superintendent or chief of police as | ||
| necessary to ensure ongoing safety within the school environment. | ||
| (f) SCHOOL DISTRICT CONFIDENTIALITY OBLIGATION. An | ||
| educational institution receiving notification under this section | ||
| shall keep the information confidential and use it only for | ||
| purposes necessary to maintain student safety and administrative | ||
| compliance. The educational institution and law enforcement | ||
| agencies shall cooperate to determine how to maintain student | ||
| safety while not compromising the integrity of the criminal | ||
| investigation. Upon receiving a notification under this section, | ||
| the district's superintendent or chief of police shall immediately | ||
| notify all instructional and support personnel responsible for | ||
| supervising the employee under investigation if deemed necessary | ||
| for student safety. All personnel must keep this information | ||
| confidential, and any unauthorized disclosure of this information | ||
| shall be subject to disciplinary action as prescribed by state law. | ||
| (g) REPORTING REQUIREMENTS. A law enforcement agency | ||
| subject to this section shall submit an annual compliance report to | ||
| the Texas Education Agency, detailing: | ||
| (1) The number of notifications made; | ||
| (2) The timeliness of notifications; | ||
| (3) The number of written follow-ups completed; and | ||
| (4) Any instances of noncompliance and corrective | ||
| measures taken. | ||
| The Texas Education Agency shall establish a statewide | ||
| reporting system to track law enforcement agencies' compliance. | ||
| Failure to comply with this section shall be reported to the Texas | ||
| Commission on Law Enforcement for further action. | ||
| (h) STATE AGENCY ROLE AND TRANSPARENCY. The Texas Education | ||
| Agency shall oversee compliance with this section and may develop | ||
| guidelines to assist law enforcement agencies and educational | ||
| institutions in meeting notification requirements. The Texas | ||
| Education Agency shall also establish a structured communication | ||
| protocol to ensure transparency and accountability between law | ||
| enforcement agencies and educational institutions. | ||
| (i) TRAINING REQUIREMENTS AND PROACTIVE SAFETY MEASURES. | ||
| The Texas Education Agency shall develop and provide training | ||
| materials for school administrators regarding the appropriate | ||
| handling of notifications received under this section. The | ||
| training shall include: | ||
| (1) Best practices for maintaining student safety and | ||
| administrative compliance; | ||
| (2) Confidentiality measures to protect investigation | ||
| integrity; | ||
| (3) Coordination protocols between law enforcement | ||
| and school districts; and | ||
| (4) Guidance on placing employees on temporary | ||
| administrative leave pending investigation outcomes to mitigate | ||
| potential risks to students and staff while not compromising the | ||
| integrity of the investigation. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of at least 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 necessary vote, it takes effect | ||
| September 1, 2025. | ||
