By: Bettencourt, et al. S.B. No. 7     A BILL TO BE ENTITLED   AN ACT   relating to improper relationships between educators and students;   creating a criminal offense and expanding the applicability of an   existing offense.          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), and (c) and adding Subsections   (b-2), (c-1), and (i) 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 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 day after the date the superintendent or   director receives a report from a principal under Subsection (b-2)   or otherwise learns [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.          (i)  A superintendent or director required to file a report   under Subsection (c) commits an offense if the superintendent or   director knowingly fails to file the report by the date required by   that subsection. 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 knowingly fails to provide the notice by the date   required by that subsection.  An offense under this subsection is a   Class A misdemeanor, except that the offense is a state jail felony   if it is shown on the trial of the offense that the superintendent,   director, or principal intended to conceal an educator's criminal   record or alleged incident of misconduct.          SECTION 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 based on   a report submitted under Section 21.006 concerning an alleged   incident of misconduct, if permissible 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 13.  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 14.  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 15.  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.          (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 half 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 16.  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 17.  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 18.  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 19.  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 20.  This Act takes effect September 1, 2017.