Bill Text: TX HB940 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to certain educator misconduct; imposing a penalty.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB940 Detail]

Download: Texas-2011-HB940-Engrossed.html

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By: Dukes, Zedler H.B. No. 940

A BILL TO BE ENTITLED
AN ACT
relating to certain educator misconduct; imposing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.12(a) and (b-1), Penal Code, are
amended to read as follows:
(a) An employee of a public or private primary or secondary
school commits an offense if the employee:
(1) engages in[:
[(1)] sexual contact, sexual intercourse, or deviate
sexual intercourse with a person who is enrolled in a public or
private primary or secondary school at which the employee works;
[or]
(2) holds a certificate or permit issued as provided
by Subchapter B, Chapter 21, Education Code, or is a person who is
required to be licensed by a state agency as provided by Section
21.003(b), Education Code, and engages in sexual contact, sexual
intercourse, or deviate sexual intercourse with a person the
employee knows is:
(A) enrolled in a public primary or secondary
school in the same school district as the school at which the
employee works; or
(B) a student participant in an educational
activity that is sponsored by a school district or a public or
private primary or secondary school, if:
(i) students enrolled in a public or
private primary or secondary school are the primary participants in
the activity; and
(ii) the employee provides education
services to those participants; or
(3) engages in conduct described by Section 33.021,
with a person described by Subdivision (1), or a person the employee
knows is a person described by Subdivision (2)(A) or (B),
regardless of the age of that person.
(b-1) It is an affirmative defense to prosecution under this
section that:
(1) the actor was the spouse of the enrolled person at
the time of the offense; or
(2) the actor was not more than three years older than
the enrolled person and, at the time of the offense, the actor and
the enrolled person were in a relationship that began before the
actor's employment at a public or private primary or secondary
school.
SECTION 2. Section 21.006, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A superintendent or director of a school district
shall complete an investigation of an educator that is based on
reasonable cause to believe the educator may have engaged in
misconduct described by Subsection (b)(2)(A), despite the
educator's resignation from district employment before completion
of the investigation.
SECTION 3.
Section 21.006(b-1), Education Code, as added by
this Act, applies to an investigation of possible public school
educator misconduct begun on or after the effective date of this
Act, regardless of whether the alleged misconduct occurred before,
on, or after the effective date of this Act.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2011.