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.
Sponsorship: Broadly Bipartisan Bill
Status: (Passed) 2017-05-26 - Effective on 9/1/17 [SB7 Detail]
Download: Texas-2017-SB7-Enrolled.html
| S.B. No. 7 | ||
|
|
||
| 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, [ |
||
|
|
||
|
|
||
|
|
||
| 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) | ||
| [ |
||
|
|
||
| (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[ |
||
| [ |
||
| private primary or secondary school are the primary participants in | ||
| the activity; [ |
||
| [ |
||
|
|
||
| (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) [ |
||
| 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[ |
||
| [ |
||
| [ |
||
|
|
||
|
|
||
| [ |
||
| 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 [ |
||
| 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, [ |
||
| regional education service center, or shared services arrangement | ||
| shall complete an investigation of an educator that involves [ |
||
|
|
||
| described by Subsection (b)(2)(A) or (A-1), despite the educator's | ||
| resignation from [ |
||
| 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 [ |
||
|
|
||
| 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, [ |
||
| 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; [ |
||
| (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; [ |
||
| (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; [ |
||
| (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, [ |
||
|
|
||
|
|
||
| [ |
||
| 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; [ |
||
| (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 | ||
