Bill Text: TX SB7 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to improper relationships between educators and students and reporting of educator misconduct; creating a criminal offense and expanding the applicability of an existing offense; authorizing an administrative penalty.

Spectrum: Moderate Partisan Bill (Republican 64-14)

Status: (Passed) 2017-05-26 - Effective on 9/1/17 [SB7 Detail]

Download: Texas-2017-SB7-Enrolled.html
 
 
  S.B. No. 7
 
 
 
 
AN ACT
  relating to improper relationships between educators and students
  and reporting of educator misconduct; creating a criminal offense
  and expanding the applicability of an existing offense; authorizing
  an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.12(a), Penal Code, is 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 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;
               (2)  holds a position described by Section 21.003(a) or
  (b), Education Code, regardless of whether the employee holds the
  appropriate certificate, permit, license, or credential for the
  position, [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 or private primary or
  secondary school, other than a school described by Subdivision (1) 
  [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.
         SECTION 2.  Article 42.01, Code of Criminal Procedure, is
  amended by adding Section 12 to read as follows:
         Sec. 12.  In addition to the information described by
  Section 1, the judgment should reflect affirmative findings entered
  pursuant to Article 42.0192.
         SECTION 3.  Article 42.018(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  This article applies only to:
               (1)  [to] conviction or deferred adjudication
  community supervision granted on the basis of 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; or
               (2)  conviction of[:
                     [(A)]  an offense under Title 5, Penal Code,[; or
                     [(B)     an offense on conviction of which a
  defendant is required to register as a sex offender under Chapter
  62; and
               [(2)]  if the victim of the offense was [is] under 18
  years of age at the time the offense was committed.
         SECTION 4.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0192 to read as follows:
         Art. 42.0192.  FINDING REGARDING OFFENSE RELATED TO
  PERFORMANCE OF PUBLIC SERVICE.  (a)  In the trial of an offense
  described by Section 824.009, Government Code, the judge shall make
  an affirmative finding of fact and enter the affirmative finding in
  the judgment in the case if the judge determines that the offense
  committed was related to the defendant's employment described by
  Section 824.009(b), Government Code, while a member of the Teacher
  Retirement System of Texas.
         (b)  A judge who makes the affirmative finding described by
  this article shall make the determination and provide the notice
  required by Section 824.009(l), Government Code, as applicable.
         SECTION 5.  Section 21.006, Education Code, is amended by
  amending Subsections (b), (b-1), (c), (e), and (f) and adding
  Subsections (b-2), (c-1), (i), and (j) to read as follows:
         (b)  In addition to the reporting requirement under Section
  261.101, Family Code, the superintendent or director of a school
  district, district of innovation, open-enrollment charter school,
  regional education service center, or shared services arrangement
  shall notify the State Board for Educator Certification if:
               (1)  an educator employed by or seeking employment by
  the school district, district of innovation, charter school,
  service center, or shared services arrangement has a criminal
  record and the school district, district of innovation, charter 
  school, service center, or shared services arrangement obtained
  information about the educator's criminal record by a means other
  than the criminal history clearinghouse established under Section
  411.0845, Government Code;
               (2)  an educator's employment at the school district,
  district of innovation, charter school, service center, or shared
  services arrangement was terminated and there is [based on]
  evidence that the educator:
                     (A)  abused or otherwise committed an unlawful act
  with a student or minor;
                     (A-1)  was involved in a romantic relationship
  with or solicited or engaged in sexual contact with a student or
  minor;
                     (B)  possessed, transferred, sold, or distributed
  a controlled substance, as defined by Chapter 481, Health and
  Safety Code, or by 21 U.S.C. Section 801 et seq.;
                     (C)  illegally transferred, appropriated, or
  expended funds or other property of the school district, district
  of innovation, charter school, service center, or shared services
  arrangement;
                     (D)  attempted by fraudulent or unauthorized
  means to obtain or alter a professional certificate or license for
  the purpose of promotion or additional compensation; or
                     (E)  committed a criminal offense or any part of a
  criminal offense on school property or at a school-sponsored event;
               (3)  the educator resigned and there is evidence that
  the educator engaged in misconduct described by Subdivision (2); or
               (4)  the educator engaged in conduct that violated the
  assessment instrument security procedures established under
  Section 39.0301.
         (b-1)  A superintendent or director of a school district,
  district of innovation, [or] open-enrollment charter school,
  regional education service center, or shared services arrangement
  shall complete an investigation of an educator that involves [is
  based on] evidence that the educator may have engaged in misconduct
  described by Subsection (b)(2)(A) or (A-1), despite the educator's
  resignation from [district or school] employment before completion
  of the investigation.
         (b-2)  The principal of a school district, district of
  innovation, or open-enrollment charter school campus must notify
  the superintendent or director of the school district, district of
  innovation, or charter school not later than the seventh business
  day after the date:
               (1)  of an educator's termination of employment or
  resignation following an alleged incident of misconduct described
  by Subsection (b); or
               (2)  the principal knew about an educator's criminal
  record under Subsection (b)(1).
         (c)  The superintendent or director must notify the State
  Board for Educator Certification by filing a report with the board
  not later than the seventh business day after the date the
  superintendent or director receives a report from a principal under
  Subsection (b-2) or knew about an educator's [employee's criminal
  record under Subsection (b)(1) or a] termination of employment or
  resignation following an alleged incident of misconduct described
  by Subsection (b) or an employee's criminal record under Subsection
  (b)(1).
         (c-1)  The report under Subsection (c) must be:
               (1)  in writing; and
               (2)  in a form prescribed by the board.
         (e)  A superintendent, [or] director, or principal of a
  school district, district of innovation, open-enrollment charter
  school, regional education service center, or shared services
  arrangement who in good faith and while acting in an official
  capacity files a report with the 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.
         (f)  The State Board for Educator Certification shall
  determine whether to impose sanctions, including an administrative
  penalty under Subsection (i), against a principal who fails to
  provide notification to a superintendent or director in violation
  of Subsection (b-2) or against a superintendent or director who
  fails to file a report in violation of Subsection (c).
         (i)  If an educator serving as a superintendent or director
  is required to file a report under Subsection (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 (b-2) and fails to
  provide the notice by the date required by that subsection, the
  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 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. 
         (j)  A superintendent or director required to file a report
  under Subsection (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. A principal required to notify a
  superintendent or director about an educator's criminal record or
  alleged incident of misconduct under Subsection (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.  An offense
  under this subsection is a state jail felony.
         SECTION 6.  Subchapter A, Chapter 21, Education Code, is
  amended by adding Section 21.0061 to read as follows:
         Sec. 21.0061.  NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR
  MISCONDUCT. (a)  The board of trustees or governing body of a
  school district, district of innovation, open-enrollment charter
  school, 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 an educator is alleged
  to have engaged in misconduct described by Section 21.006(b)(2)(A)
  or (A-1) informing the parent or guardian:
               (1)  that the alleged misconduct occurred;
               (2)  whether the 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 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 employing entity becomes aware that alleged
  misconduct may have occurred.
         SECTION 7.  Subchapter A, Chapter 21, Education Code, is
  amended by adding Section 21.009 to read as follows:
         Sec. 21.009.  PRE-EMPLOYMENT AFFIDAVIT. (a)  An applicant
  for a position described by Section 21.003(a) or (b) with a school
  district, district of innovation, open-enrollment charter school,
  regional education service center, or shared services arrangement
  must submit, using a form adopted by the agency, a pre-employment
  affidavit disclosing whether the applicant has ever been charged
  with, adjudicated for, or convicted of having an inappropriate
  relationship with a minor.
         (b)  An applicant who answers affirmatively concerning an
  inappropriate relationship with a minor must disclose in the
  affidavit all relevant facts pertaining to the charge,
  adjudication, or conviction, including, for a charge, whether the
  charge was determined to be true or false.
         (c)  An applicant is not precluded from being employed based
  on a disclosed charge if the employing entity determines based on
  the information disclosed in the affidavit that the charge was
  false.
         (d)  A determination that an employee failed to disclose
  information required to be disclosed by an applicant under this
  section is grounds for termination of employment.
         (e)  The 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 an applicant
  for a position described by Section 21.003(a) or (b) despite being
  aware that the applicant had been adjudicated for or convicted of
  having an inappropriate relationship with a minor.
         SECTION 8.  Section 21.044(g), Education Code, is amended to
  read as follows:
         (g)  Each educator preparation program must provide
  information regarding:
               (1)  the skills that educators are required to possess,
  the responsibilities that educators are required to accept, and the
  high expectations for students in this state;
               (2)  the effect of supply and demand forces on the
  educator workforce in this state;
               (3)  the performance over time of the educator
  preparation program;
               (4)  the importance of building strong classroom
  management skills; [and]
               (5)  the framework in this state for teacher and
  principal evaluation, including the procedures followed in
  accordance with Subchapter H; and
               (6)  appropriate relationships, boundaries, and
  communications between educators and students.
         SECTION 9.  Sections 21.054(d) and (e), Education Code, are
  amended to read as follows:
         (d)  Continuing education requirements for a classroom
  teacher must provide that not more than 25 percent of the training
  required every five years include instruction regarding:
               (1)  collecting and analyzing information that will
  improve effectiveness in the classroom;
               (2)  recognizing early warning indicators that a
  student may be at risk of dropping out of school;
               (3)  integrating technology into classroom
  instruction; [and]
               (4)  educating diverse student populations, including:
                     (A)  students with disabilities, including mental
  health disorders;
                     (B)  students who are educationally
  disadvantaged;
                     (C)  students of limited English proficiency; and
                     (D)  students at risk of dropping out of school;
  and
               (5)  understanding appropriate relationships,
  boundaries, and communications between educators and students.
         (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)  integrating technology into campus curriculum and
  instruction; [and]
               (4)  educating diverse student populations, including:
                     (A)  students with disabilities, including mental
  health disorders;
                     (B)  students who are educationally
  disadvantaged;
                     (C)  students of limited English proficiency; and
                     (D)  students at risk of dropping out of school;
  and
               (5)  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 21.006 of this code.
         SECTION 10.  The heading to Section 21.058, Education Code,
  is amended to read as follows:
         Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF
  EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
  ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
         SECTION 11.  Sections 21.058(a), (b), (c), (c-1), and (c-2),
  Education Code, are amended to read as follows:
         (a)  The procedures described by Subsections (b) and (c)
  apply only:
               (1)  to conviction of or placement on deferred
  adjudication community supervision for an offense for which a
  defendant is required to register as a sex offender under Chapter
  62, Code of Criminal Procedure; or
               (2)  to conviction of a felony offense under Title 5,
  Penal Code, [or an offense on conviction of which a defendant is
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure; and
               [(2)]  if the victim of the offense was [is] under 18
  years of age at the time the offense was committed.
         (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 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
  certificate issued under this subchapter shall:
               (1)  immediately remove the person whose certificate
  has been revoked from campus or from an administrative office, as
  applicable, to prevent the person from having any contact with a
  student; and
               (2)  if the person is employed under a probationary,
  continuing, or term contract under this chapter, 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 (c-2); and
                     (C)  terminate the employment of the person as
  soon as practicable.
         (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
  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 (c-2); and
               (3)  terminate the employment of the person as soon as
  practicable.
         (c-2)  A person's probationary, continuing, or term contract
  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 (c-1)(2).
         SECTION 12.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.0581 to read as follows:
         Sec. 21.0581.  REVOCATION FOR ASSISTING PERSON WHO ENGAGED
  IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a)  The board may suspend
  or revoke a certificate held by a person under this subchapter,
  impose other sanctions against the person, or refuse to issue a
  certificate to the person under this subchapter if:
               (1)  the person assists another person in obtaining
  employment at a school district or open-enrollment charter school,
  other than by the routine transmission of administrative and
  personnel files; and
               (2)  the person knew that the other person has
  previously engaged in sexual misconduct with a minor or student in
  violation of the law.
         (b)  The commissioner may require a school district to revoke
  or decline to issue a school district teaching permit under Section
  21.055 issued to or requested by a person subject to board action
  under Subsection (a).
         SECTION 13.  Section 21.062(a), Education Code, is amended
  to read as follows:
         (a)  During an investigation by the commissioner of an
  educator 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.
         SECTION 14.  Section 21.355, Education Code, is amended by
  amending Subsection (a) and adding Subsections (d), (e), and (f) to
  read as follows:
         (a)  A document evaluating the performance of a teacher or
  administrator is confidential and is not subject to disclosure
  under Chapter 552, Government Code.
         (d)  A school district or open-enrollment charter school may
  give the agency a document evaluating the performance of a teacher
  or administrator employed by the district or school for purposes of
  an investigation conducted by the agency.
         (e)  Notwithstanding Subsection (a) and except as otherwise
  provided by a court order prohibiting disclosure, a document
  provided to the agency under Subsection (d) may be used in a
  disciplinary proceeding against a teacher or administrator if the
  document may be admitted under rules of evidence applicable to a
  contested case, as provided by Section 2001.081, Government Code.
         (f)  A document provided to the agency under Subsection (d)
  remains confidential unless the document becomes part of the record
  in a contested case under Chapter 2001, Government Code.
         SECTION 15.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.027 to read as follows:
         Sec. 38.027.  ELECTRONIC COMMUNICATION POLICY. (a)  In this
  section, "electronic communication" means any communication
  facilitated by the use of any electronic device, including a
  telephone, cellular telephone, computer, computer network,
  personal data assistant, or pager. The term includes e-mails, text
  messages, instant messages, and any communications made through an
  Internet website, including a social media website or a social
  networking website.
         (b)  A school district shall adopt a written policy
  concerning electronic communications between a school employee and
  a student enrolled in the district.
         (c)  The policy adopted under this section must:
               (1)  include provisions designed to prevent improper
  electronic communications between a school employee and a student;
               (2)  allow a school employee to elect to not disclose to
  students the employee's personal telephone number or e-mail
  address; and
               (3)  include provisions instructing a school employee
  about the proper method for notifying appropriate local
  administrators about an incident in which a student engages in
  improper communications with the school employee.
         SECTION 16.  Section 39.057(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner may authorize special accreditation
  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; [or]
               (15)  when a school district for any reason fails to
  produce, at the request of the agency, evidence or an investigation
  report relating to an educator who is under investigation by the
  State Board for Educator Certification; or
               (16)  as the commissioner otherwise determines
  necessary.
         SECTION 17.  Subchapter A, Chapter 824, Government Code, is
  amended by adding Section 824.009 to read as follows:
         Sec. 824.009.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
  FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.  
  (a)  In this section, "qualifying felony" means an offense that is
  punishable as a felony under the following sections of the Penal
  Code:
               (1)  Section 21.02 (continuous sexual abuse of young
  child or children);
               (2)  Section 21.12 (improper relationship between
  educator and student); or
               (3)  Section 22.011 (sexual assault) or Section 22.021
  (aggravated sexual assault).
         (a-1)  In this section, a "qualifying felony" includes any
  federal offense that contains elements that are substantially
  similar to the elements of a felony offense described in Subsection
  (a).
         (b)  This section applies only to a person who is a member or
  an annuitant of the retirement system and is or was an employee of
  the public school system.
         (c)  Except as provided by Subsection (e), a person is not
  eligible to receive a service retirement annuity from the
  retirement system if the person is convicted of a qualifying felony
  the victim of which is a student.
         (d)  The retirement system shall suspend payments of an
  annuity to a person who is not eligible to receive a service
  retirement annuity under Subsection (c), as determined by the
  retirement system, on receipt by the retirement system of:
               (1)  notice of a conviction for a qualifying felony
  under Subsection (f) or (l);
               (2)  notice of a conviction for a qualifying felony
  from a district court or district attorney; or
               (3)  any other information the retirement system
  determines by rule is sufficient to establish a conviction for a
  qualifying felony.
         (e)  A person whose conviction is overturned on appeal or who
  meets the requirements for innocence under Section 103.001(a)(2),
  Civil Practice and Remedies Code:
               (1)  is entitled to receive an amount equal to the
  accrued total of payments and interest earned on the payments
  withheld during the suspension period; and
               (2)  may resume receipt of annuity payments on payment
  to the retirement system of an amount equal to the contributions
  refunded to the person under Subsection (g).
         (f)  Not later than the 30th day after the date of a person's
  conviction for a qualifying felony, the school at which the person
  was employed shall provide written notice of the conviction to the
  retirement system.  The notice must comply with rules adopted by the
  board of trustees under Subsection (k).
         (g)  A person who is not eligible to receive a service
  retirement annuity under Subsection (c) is entitled to a refund of
  the person's retirement annuity contributions, including interest
  earned on those contributions.
         (h)  Benefits payable to an alternate payee under Chapter 804
  who is recognized by a domestic relations order established before
  September 1, 2017, are not affected by a person's ineligibility to
  receive a retirement annuity under Subsection (c).
         (i)  On conviction of a person for a qualifying felony, a
  court may, in the interest of justice and in the same manner as in a
  divorce proceeding, award any portion or all of the service
  retirement annuity forfeited by the person as the separate property
  of an innocent spouse if the annuity is partitioned or exchanged by
  written agreement of the spouses as provided by Subchapter B,
  Chapter 4, Family Code.  The amount awarded to the innocent spouse
  may not be converted to community property.
         (j)  Ineligibility for a retirement annuity under this
  section does not impair a person's right to any other retirement
  benefit for which the person is eligible.
         (k)  The board of trustees of the retirement system shall
  adopt rules and procedures to implement this section.
         (l)  A court shall notify the retirement system of the terms
  of a person's conviction of a qualifying felony.
         SECTION 18.  The change in law made by this Act to Section
  21.12, Penal Code, 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 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 the effective date of this Act if any element
  of the offense was committed before that date.
         SECTION 19.  Section 12, Article 42.01, Code of Criminal
  Procedure, and Article 42.0192, Code of Criminal Procedure, as
  added by this Act, apply only to a judgment of conviction entered on
  or after the effective date of this Act.
         SECTION 20.  Not later than December 31, 2017, the board of
  trustees of the Teacher Retirement System of Texas shall adopt the
  rules necessary to implement Section 824.009, Government Code, as
  added by this Act.
         SECTION 21.  Section 824.009, Government Code, as added by
  this Act, applies only to an offense committed on or after the
  effective date of rules adopted in accordance with that section.  An
  offense committed before that date 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 the effective date of rules adopted
  in accordance with 824.009, Government Code, as added by this Act,
  if any element of the offense occurred before that date.
         SECTION 22.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 7 passed the Senate on
  March 8, 2017, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendments on May 15, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 7 passed the House, with
  amendments, on May 9, 2017, by the following vote: Yeas 146,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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