2017S0018-1 12/08/16     By: Taylor of Collin S.B. No. 653     A BILL TO BE ENTITLED   AN ACT   relating to improper relationships between educators or certain   other school personnel and students; creating an offense and   expanding the applicability of existing offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  LEGISLATIVE FINDINGS          SECTION 1.01.  The legislature finds that:                (1)  all children receiving an education in Texas are   entitled to a safe, secure learning environment;                (2)  registered sex offenders and employees that engage   in sexual contact with students should be barred from Texas   classrooms;                (3)  inappropriate teacher-student relationships,   including the use of certain forms of electronic communication,   detract from the state's expectation of a general diffusion of   knowledge;                (4)  education administrators have a duty to report   employees that engage in sexual contact with students to the   appropriate law enforcement and regulatory agencies; and                (5)  a school employee found to engage in inappropriate   behavior with a student in one school or district must not be   allowed to be employed by another school or district.   ARTICLE 2.  REPORTING, ENFORCEMENT, AND CRIMINAL PENALTIES          SECTION 2.01.  Section 7.028(a), Education Code, is amended   to read as follows:          (a)  Except as provided by Section 29.001(5), 29.010(a), or   39.057, the agency may monitor compliance with requirements   applicable to a process or program provided by a school district,   campus, program, or school granted charters under Chapter 12,   including the process described by Subchapter F, Chapter 11, or a   program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,   Subchapter A, Chapter 37, or Section 38.003, and the use of funds   provided for such a program under Subchapter C, Chapter 42, only as   necessary to ensure:                (1)  compliance with federal law and regulations;                (2)  financial accountability, including compliance   with grant requirements; [and]                (3)  data integrity for purposes of:                      (A)  the Public Education Information Management   System (PEIMS); and                      (B)  accountability under Chapter 39; and                (4)  compliance with reporting requirements under   Section 21.006.          SECTION 2.02.  Section 12.056(b), Education Code, is amended   to read as follows:          (b)  A campus or program for which a charter is granted under   this subchapter is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  a requirement to report misconduct under   Section 21.006;                      (C)  criminal history records under Subchapter C,   Chapter 22, including the registry created under Section 22.088;                      (D) [(C)]  high school graduation under Section   28.025;                      (E) [(D)]  special education programs under   Subchapter A, Chapter 29;                      (F) [(E)]  bilingual education under Subchapter   B, Chapter 29;                      (G) [(F)]  prekindergarten programs under   Subchapter E, Chapter 29;                      (H) [(G)]  extracurricular activities under   Section 33.081;                      (I) [(H)]  health and safety under Chapter 38; and                      (J) [(I)]  public school accountability under   Subchapters B, C, D, E, F, and J, Chapter 39.          SECTION 2.03.  Section 12.104(b), Education Code, is amended   to read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section 28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  public school accountability under   Subchapters B, C, D, E, F, G, and J, Chapter 39;                      (M)  the requirement under Section 21.006 to   report misconduct by an educator or a person in a certified role   [educator's misconduct];                      (N)  intensive programs of instruction under   Section 28.0213; and                      (O)  the right of a school employee to report a   crime, as provided by Section 37.148.          SECTION 2.04.  Section 12.1059, Education Code, is amended   to read as follows:          Sec. 12.1059.  AGENCY APPROVAL REQUIRED FOR CERTAIN   EMPLOYEES.  A person may not be employed by or serve as a teacher,   librarian, educational aide, administrator, or school counselor or   in any other position with direct, unsupervised contact with   students for an open-enrollment charter school unless the person   has been approved by the agency following a review of:                (1)  the person's national criminal history record   information as provided by Section 22.0832; and                (2)  the registry created under Section 22.088.          SECTION 2.05.  Chapter 12A, Education Code, is amended by   adding Section 12A.0041 to read as follows:          Sec. 12A.0041.  ADDITIONAL REQUIREMENTS. A district of   innovation that is exempt from the certification requirements of   Subchapter B, Chapter 21, is subject, to the extent of the   exemption, to the following sections as if the district of   innovation were an open-enrollment charter school:                (1)  Section 12.1059;                (2)  Section 21.006;                (3)  Section 22.085; and                (4)  Section 22.088.          SECTION 2.06.  Section 12A.008, Education Code, is amended   by adding Subsection (e) to read as follows:          (e)  The commissioner shall terminate a school district's   designation as a district of innovation if the district hires a   person, or fails to discharge a person, in violation of Section   22.088(b).          SECTION 2.07.  Section 21.006, Education Code, is amended to   read as follows:          Sec. 21.006.  REQUIREMENT TO REPORT MISCONDUCT. (a)  In   this section:                (1)  "Abuse"[, "abuse"] has the meaning assigned by   Section 261.001, Family Code, and includes any sexual conduct   involving an educator and a student or minor.                (2)  "Person in a certified role" means a person who is   not required to hold a certificate or permit issued under   Subchapter B but is employed by or serves as a teacher, librarian,   educational aide, administrator, or school counselor or in any   other position with direct, unsupervised contact with students for   an open-enrollment charter school or school district.          (b)  In addition to the reporting requirement under Section   261.101, Family Code, the superintendent or director of, or a   principal in, a school district, 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 district, school, service center, or shared services   arrangement has a criminal record and the district, 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 district, school,   service center, or shared services arrangement was terminated,   including by resignation of the educator, and at the time of the   termination or resignation the superintendent, director, or   principal knew or had probable cause to believe [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 district, 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)  In addition to the reporting requirement under   Section 261.101, Family Code, the superintendent, director, or   principal of an open-enrollment charter school shall notify the   commissioner if:                (1)  the school obtains information that a person in a   certified role at the school has a criminal record that includes   allegations that the person engaged in misconduct described by   Subsection (b)(2)(A) or (A-1); or                (2)  the employment or service of a person in a   certified role at the school is terminated, including by   resignation of the person, and there is evidence that the person   engaged in misconduct described by Subsection (b)(2)(A) or (A-1).          (b-2)  A superintendent or director of a school district or   open-enrollment charter school shall complete an investigation of   an educator or a person in a certified role that is based on   evidence that the educator or person may have engaged in misconduct   described by Subsection (b)(2)(A) or (A-1), despite the   [educator's] resignation of the educator or person from district or   school employment before completion of the investigation.          (c)  The superintendent, [or] director, or principal must   notify the State Board for Educator Certification or the   commissioner, as applicable, by filing a report required under   Subsection (b) or (b-1) [a report with the board] not later than the   seventh day after the date the superintendent, [or] director, or   principal knew about an educator's or a person in a certified role's   [employee's] criminal record under Subsection (b)(1) or (b-1)(1) or   a termination of employment or resignation following an alleged   incident of misconduct described by Subsection (b) or (b-1). The   report must be:                (1)  in writing; and                (2)  in a form prescribed by the board.          (c-1)  The State Board for Educator Certification and the   commissioner shall establish and maintain a secure online portal   that allows superintendents, directors, and principals to   electronically file a report required under this section.          (c-2)  A requirement to report under this section, as applied   to a principal in a school district, is limited to reportable   incidents or events occurring at, or directly related to, the   school at which the principal serves.          (c-3)  A requirement to report under this section is   satisfied by the timely filing of a single report by, as relevant   under the circumstances, a superintendent, director, or principal.          (d)  The superintendent, [or] director, or principal shall   notify the board of trustees or governing body of the school   district, open-enrollment charter school, regional education   service center, or shared services arrangement and the educator or   the person in a certified role of the filing of a [the] report   required under this section [by Subsection (c)].          (e)  A superintendent, [or] director, or principal who in   good faith and while acting in an official capacity files a report   with the State Board for Educator Certification or the commissioner   under this section 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 against a superintendent,   [or] director, or principal who fails to file a report in violation   of this section [Subsection (c)].          (g)  The State Board for Educator Certification shall   propose rules as necessary to implement this section.          (h)  A report under this section is confidential and not   subject to disclosure under the public access provisions of Chapter   552, Government Code. The name of a student or minor who is the   victim of abuse or unlawful conduct by an educator or a person in a   certified role must be included in a report filed under this   section[, but the name of the student or minor is not public   information under Chapter 552, Government Code].          SECTION 2.08.  Subchapter A, Chapter 21, Education Code, is   amended by adding Section 21.0061 to read as follows:          Sec. 21.0061.  COMPLIANCE REVIEW. The commissioner may   authorize the agency to conduct a review of school districts and   open-enrollment charter schools to verify compliance with Section   21.006.          SECTION 2.09.  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 educator-student relationships,   boundaries, and communications.          SECTION 2.10.  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)  appropriate educator-student relationships,   boundaries, and communications.          (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)  recognizing, preventing, and reporting   inappropriate educator-student relationships.          SECTION 2.11.  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 to a person who is:                (1)  registered as a sex offender under Chapter 62,   Code of Criminal Procedure; or                (2)  convicted [to conviction] of a felony offense   under Title 5, Penal Code, committed against a [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 younger than [of the offense is   under] 18 years of age.          (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   adjudication 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 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 of trustees 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 of trustees or governing body, the   school district or open-enrollment charter school takes action   under Subsection (c)(2)(B) or (c-1)(2).          SECTION 2.12.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.0585 to read as follows:          Sec. 21.0585.  TEMPORARY SUSPENSION. (a)  The certificate   of an educator shall be temporarily suspended on a determination by   a majority of the board or of a three-member committee of board   members designated by the board that, from the evidence or   information presented, continued work as an educator by the   certificate holder would constitute a continuing or imminent threat   to the safety and welfare of students, educators, or school   personnel.          (b)  An educator's certificate may be temporarily suspended   under Subsection (a) without notice or hearing if:                (1)  the board immediately provides notice of the   suspension to the educator; and                (2)  proceedings for a preliminary hearing before the   State Office of Administrative Hearings are initiated   simultaneously with the suspension under this chapter and Chapter   2001, Government Code.          (c)  A preliminary hearing must be set for a date not later   than the 17th day after the date of the temporary suspension.  The   preliminary hearing shall be conducted as a de novo hearing and   shall determine whether probable cause exists that continued work   as an educator by the certificate holder would constitute a   continuing or imminent threat to the safety and welfare of   students, educators, or school personnel.          (d)  If the State Office of Administrative Hearings does not   hold the preliminary hearing within the time required under   Subsection (c) or if the preliminary hearing results in a finding   that probable cause for the suspension does not exist, the board   shall reinstate the educator's certificate and order the school   district to:                (1)  reinstate the educator;                (2)  pay the educator any back pay and employment   benefits lost due to the temporary suspension from the time of the   suspension to reinstatement; and                (3)  remove any record of the educator's suspension   from the school district's records.          (e)  If a preliminary hearing results in a finding that   probable cause for the suspension exists, the State Office of   Administrative Hearings shall hold a final hearing on the matter   not later than the 61st day after the date of the temporary   suspension to determine whether the educator's certification   should be revoked.          (f)  If the State Office of Administrative Hearings does not   hold the final hearing within the time required under Subsection   (e) or if the final hearing results in a finding that continued work   as an educator by the certificate holder would not constitute a   continuing or imminent threat to the safety and welfare of   students, educators, or school personnel, the board shall reinstate   the educator's certificate and order the school district to:                (1)  reinstate the educator;                (2)  pay the educator any back pay and employment   benefits lost due to the temporary suspension from the time of the   suspension to reinstatement; and                (3)  remove any record of the educator's suspension   from the school district's records.          SECTION 2.13.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.0605 to read as follows:          Sec. 21.0605.  ACTION AGAINST PERSONS WHO ASSIST PERSONS   KNOWN TO ENGAGE IN SEXUAL MISCONDUCT. The board may suspend or   revoke a certificate or permit held by a person under this   subchapter, impose other sanctions against the person, or refuse to   issue a certificate or permit to a person under this subchapter if   the person:                (1)  assists a school employee, contractor, or agent in   obtaining a new job at a school district or an open-enrollment   charter school, apart from the routine transmission of   administrative and personnel files; and                (2)  knew or should have known that the school   employee, contractor, or agent engaged in sexual misconduct   involving a minor or student in violation of the law.          SECTION 2.14.  Sections 21.062(a) and (d), Education Code,   are 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 the attendance of a relevant witness   or the production, for inspection or copying, of relevant evidence   that is located in this state.          (d)  Except as provided by this subsection, all [All]   information and materials subpoenaed or compiled in connection with   an investigation described by Subsection (a) are confidential and   not subject to public disclosure under Chapter 552, Government   Code. Upon request by the educator under investigation, such   information and materials shall be made available to the educator   after the completion of the investigation.          SECTION 2.15.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.063 to read as follows:          Sec. 21.063.  INVESTIGATION RECORDS. (a)  An investigation   record of the board, including a record relating to a complaint that   is found to be groundless, is confidential and not subject to   disclosure under the public access provisions of Chapter 552,   Government Code.          (b)  Except as provided by a protective order, and   notwithstanding Subsection (a), all investigation records of the   board may be used in disciplinary proceedings against an educator   based on an alleged incident of misconduct.          SECTION 2.16.  Section 21.355, Education Code, is amended by   amending Subsection (a) and adding Subsections (d) and (e) to read   as follows:          (a)  A document evaluating the performance of a teacher or   administrator is confidential and not subject to disclosure under   the public access provisions of Chapter 552, Government Code.          (d)  A school district or open-enrollment charter school may   provide to the agency a document evaluating the performance of a   teacher or administrator employed by the district or school. A   document may be provided to the agency under this subsection only   for the purpose of aiding an investigation by the agency.          (e)  Except as provided by a protective order, and   notwithstanding Subsection (a), documents provided to the agency   under Subsection (d) may be used in a disciplinary proceeding   against an educator based on an alleged incident of misconduct.          SECTION 2.17.  Section 22.085, Education Code, is amended by   amending Subsection (a) and adding Subsection (b-1) to read as   follows:          (a)  A school district, open-enrollment charter school, or   shared services arrangement shall discharge or refuse to hire an   employee or applicant for employment if the district, school, or   shared services arrangement obtains information through a criminal   history record information review that[:                [(1)]  the employee or applicant has been convicted of:                (1) [(A)]  a felony offense under Title 5, Penal Code,   and at the time the offense occurred the victim of the offense was   under 18 years of age or was enrolled in a public school;                (2) [(B)]  an offense on conviction of which a   defendant is required to register as a sex offender under Chapter   62, Code of Criminal Procedure; or                (3) [(C)]  an offense under the laws of another state   or federal law that is equivalent to an offense under Subdivision   (1) or (2) [Paragraph (A) or (B); and                [(2)     at the time the offense occurred, the victim of   the offense described by Subdivision (1) was under 18 years of age   or was enrolled in a public school].          (b-1)  A school district, open-enrollment charter school, or   shared services arrangement shall discharge or refuse to hire any   person whose employment would place the district, school, or shared   services arrangement in violation of Section 22.088(b). The   employment prohibition under this subsection includes a person   hired as an independent contractor.          SECTION 2.18.  Subchapter C, Chapter 22, Education Code, is   amended by adding Section 22.088 to read as follows:          Sec. 22.088.  REGISTRY OF PERSONS BARRED FROM EMPLOYMENT.   (a)  The agency shall create and maintain a registry of persons:                (1)  barred from employment under Section 22.0832(a) or   Section 22.085;                (2)  who previously held a certificate or permit issued   under Subchapter B, Chapter 21, that was revoked by the State Board   for Educator Certification on a finding that the person:                      (A)  abused or otherwise committed an unlawful act   with a student or minor; or                      (B)  was involved in a romantic relationship with   or solicited or engaged in sexual contact with a student or minor;   or                (3)  who, in a final decision of the commissioner   following a contested case hearing, were found to have:                      (A)  abused or otherwise committed an unlawful act   with a student or minor; or                      (B)  been involved in a romantic relationship with   or solicited or engaged in sexual contact with a student or minor.          (b)  A person listed on the registry may not be employed by or   serve as a teacher, librarian, educational aide, administrator, or   school counselor or in any other position with direct, unsupervised   contact with students for a school district, open-enrollment   charter school, or shared services arrangement. The employment   prohibition under this subsection includes a person hired as an   independent contractor.          (c)  A hearing under Subsection (a)(3) shall be conducted by   the State Office of Administrative Hearings in the manner provided   for a contested case under Chapter 2001, Government Code.          (d)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.19.  Subchapter A, Chapter 38, Education Code, is   amended by adding Sections 38.00415 and 38.00416 to read as follows:          Sec. 38.00415.  ASSISTING EMPLOYEES INVOLVED IN SEXUAL   MISCONDUCT; OFFENSE. (a)  Except as provided by Subsection (e), a   person who is a school district or open-enrollment charter school   employee, contractor, or agent may not assist a current or former   school employee, contractor, or agent in obtaining a new job at   another school district or open-enrollment charter school if the   person knows or should know that the current or former employee,   contractor, or agent engaged in sexual misconduct involving a minor   or student in violation of the law.          (b)  In this section, "assist" includes providing a positive   or favorable professional reference or recommending employment at   another school district or open-enrollment charter school. The   term does not include the routine transmission of administrative   and personnel files.          (c)  A person who violates this section commits an offense.   An offense under this section is a Class C misdemeanor.          (d)  Each school district and open-enrollment charter school   shall adopt and publish a policy advising the district's or school's   employees, contractors, and agents of their obligations under this   section.          (e)  Subsection (a) does not apply to assistance given to a   current or former employee, contractor, or agent if the information   giving rise to the person's knowledge under Subsection (a) was   properly reported to a law enforcement agency with jurisdiction   over the alleged misconduct and to any other authorities as   required by federal, state, or local law, including Title IX of the   Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.) and 34   C.F.R. Part 106, and:                (1)  the matter was officially closed or the prosecutor   or law enforcement agency with jurisdiction over the alleged   misconduct investigated the allegations and notified the school   district or open-enrollment charter school that there is   insufficient information to establish probable cause that the   current or former employee, contractor, or agent engaged in sexual   misconduct involving a minor or student in violation of the law;                (2)  the current or former employee, contractor, or   agent was charged with and acquitted or otherwise exonerated of the   alleged misconduct; or                (3)  if the case or investigation remains open, there   were no charges filed against or indictment of the current or former   employee, contractor, or agent by the fourth anniversary of the   date on which the information was initially reported to a law   enforcement agency.          Sec. 38.00416.  POLICIES ADDRESSING ONE-ON-ONE ELECTRONIC   COMMUNICATIONS BETWEEN EMPLOYEES AND STUDENTS. (a)  In this   section, "electronic communication" means a communication   transmitted by means of an 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 communications made by means of an   Internet website, including social media and social networking   websites.          (b)  Each school district shall adopt a written policy   designed to prevent improper one-on-one electronic communication   between school employees and students enrolled in the district.   The policy shall include, at a minimum, provisions designed to   prevent improper one-on-one electronic communications via e-mail,   cellular telephone, or Internet website, including a social media   or social networking website. The policy must provide that a school   employee may refuse to engage in one-on-one electronic   communication with a student and may decline to provide students or   parents with the school employee's personal cellular telephone   number, personal e-mail address, or personal social media   information.          SECTION 2.20.  Sections 39.0302(a) and (d), Education Code,   are amended to read as follows:          (a)  During an agency investigation or audit of a school   district under Section 39.0301(e) or (f), an accreditation   investigation under Section 39.057(a)(8) or (14), a compliance   review under Section 21.0061, or an investigation by the State   Board for Educator Certification of an educator for an alleged   violation of an assessment instrument security procedure   established under Section 39.0301(a), the commissioner may issue a   subpoena to compel the attendance of a relevant witness or the   production, for inspection or copying, of relevant evidence that is   located in this state.          (d)  All information and materials subpoenaed or compiled in   connection with an investigation, [or] audit, or review described   by Subsection (a):                (1)  are confidential and not subject to public   disclosure under Chapter 552, Government Code; and                (2)  are not subject to disclosure, discovery,   subpoena, or other means of legal compulsion for release to any   person other than:                      (A)  the commissioner or the State Board for   Educator Certification, as applicable;                      (B)  agency employees or agents involved in the   investigation, as applicable; and                      (C)  the office of the attorney general, the state   auditor's office, and law enforcement agencies.          SECTION 2.21.  Section 39.056(b), Education Code, is amended   to read as follows:          (b)  The commissioner shall determine the frequency of   monitoring reviews by the agency according to:                (1)  annual comprehensive analyses of student   performance and equity in relation to the achievement indicators   adopted under Section 39.053;                (2)  reviews of fiscal reports and other fiscal data as   set forth in Section 44.010; [or]                (3)  comprehensive analyses of financial   accountability standards under Subchapter D; or                (4)  the commissioner's determination that a monitoring   review is necessary to ensure compliance with reporting   requirements under Section 21.006.          SECTION 2.22.  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 fails to produce existing   evidence or an investigation report in its possession by not later   than the 10th business day after the date a request is made by the   agency relating to an educator who is under investigation by the   State Board for Educator Certification; or                (16)  as the commissioner otherwise determines   necessary.          SECTION 2.23.  Article 42.018(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  This article applies only:                (1)  to conviction or deferred adjudication granted on   the basis 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 is under 18 years of   age; or                (2)  to an offense on conviction of which a defendant is   required to register as a sex offender under Chapter 62.          SECTION 2.24.  Section 261.101(b), Family Code, is amended   to read as follows:          (b)  If a professional has cause to believe that a child has   been abused or neglected or may be abused or neglected, or that a   child is a victim of an offense under Section 21.11, Penal Code, and   the professional has cause to believe that the child has been abused   as defined by Section 261.001 or 261.401, the professional shall   make a report not later than the 48th hour after the hour the   professional first suspects that the child has been or may be abused   or neglected or is a victim of an offense under Section 21.11, Penal   Code. A professional may not delegate to or rely on another person   to make the report. In this subsection, "professional" means an   individual who is licensed or certified by the state or who is an   employee of a facility licensed, certified, or operated by the   state and who, in the normal course of official duties or duties for   which a license or certification is required, has direct contact   with children. The term includes teachers, principals, charter   school directors, nurses, doctors, day-care employees, employees   of a clinic or health care facility that provides reproductive   services, juvenile probation officers, and juvenile detention or   correctional officers.          SECTION 2.25.  Section 261.103, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  The child protective services division of the   department shall develop a system that allows an education   professional to report anonymously to the division under Subsection   (a)(2) or Subsection (c) using a unique number or other identifier   provided by the division. The unique number or identifier must   allow the education professional to document the making of the   report and to verify that the department has responded to the   report. In this subsection, "education professional" means:                (1)  a person who is required to hold a certificate or   permit issued under Subchapter B, Chapter 21, Education Code; or                (2)  a person who is not required to hold a certificate   or permit issued under Subchapter B, Chapter 21, Education Code,   but is employed by or serves as a teacher, librarian, educational   aide, administrator, or school counselor or in any other position   with direct, unsupervised contact with students for an   open-enrollment charter school or school district.          SECTION 2.26.  Section 21.12, Penal Code, is amended by   amending Subsections (a) and (d) and adding Subsection (a-1) 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 certificate or permit issued as provided   by Subchapter B, Chapter 21, Education Code, or is a person who is   required to be licensed by a state agency as provided by Section   21.003(b), Education Code, and engages in sexual contact, sexual   intercourse, or deviate sexual intercourse with a person the   employee knows is:                      (A)  enrolled in a public primary or secondary   school in a [the same] school district in this state [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.          (a-1)  Subsection (a) applies to a person who is employed by   or serves as a teacher, librarian, educational aide, administrator,   peace officer, or school counselor for a charter school under   Chapter 12, Education Code, or a district of innovation under   Chapter 12A, Education Code, as though the person was an employee of   a public or private primary or secondary school.          (d)  The name of a person who is enrolled in a public or   private primary or secondary school and involved in an improper   relationship with an educator or other person as provided by   Subsection (a) or (a-1) may not be released to the public and is not   public information under Chapter 552, Government Code.   ARTICLE 3.  PENSION REVOCATION          SECTION 3.01.  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   under Article 42.0192.          SECTION 3.02.  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 814.013 or 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 814.013(a) or 824.009(a), Government Code,   while a member of the Employees Retirement System of Texas or the   Teacher Retirement System of Texas.          (b)  A judge that makes the affirmative finding described by   this article shall make the determination and enter the order   required by Section 814.013(k) or 824.009(k), Government Code, as   applicable.          SECTION 3.03.  Subchapter A, Chapter 814, Government Code,   is amended by adding Section 814.013 to read as follows:          Sec. 814.013.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE   FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.   (a)  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   Texas Juvenile Justice Department in one of that department's   institutional schools who, as defined by rule of the board of   trustees, has or had regular, direct contact with students.          (b)  To the extent ordered by a court under Subsection (k), a   person is not eligible to receive a full service retirement annuity   from the retirement system if the person is finally convicted of an   offense the victim of which is a student who is a minor and the   offense:                (1)  arises from the person's employment described by   Subsection (a) while a member of the retirement system; and                (2)  is punishable as a felony under the following   sections of the Penal Code:                      (A)  Section 15.01 (criminal attempt), Section   15.02 (criminal conspiracy), Section 15.03 (criminal   solicitation), or Section 15.031 (criminal solicitation of a   minor);                      (B)  Section 19.02 (murder), Section 19.03   (capital murder), Section 19.04 (manslaughter), or Section 19.05   (criminally negligent homicide);                      (C)  Section 20.02 (unlawful restraint);                      (D)  Section 20.03 (kidnapping) or Section 20.04   (aggravated kidnapping);                      (E)  Section 20.05 (smuggling of persons);                      (F)  Section 20A.02 (trafficking of persons);                      (G)  Section 21.02 (continuous sexual abuse of   young child or children);                      (H)  Section 21.11 (indecency with a child);                      (I)  Section 21.12 (improper relationship between   educator and student);                      (J)  Section 22.01 (assault);                      (K)  Section 22.011 (sexual assault) or Section   22.021 (aggravated sexual assault);                      (L)  Section 22.04 (injury to a child, elderly   individual, or disabled individual);                      (M)  Section 22.041 (abandoning or endangering   child);                      (N)  Section 33.021 (online solicitation of a   minor);                      (O)  Section 43.05 (compelling prostitution);                      (P)  Section 43.25 (sexual performance by a   child); or                      (Q)  Section 43.251 (employment harmful to   children).          (c)  To the extent ordered by a court under Subsection (k),   the retirement system shall suspend making full annuity payments to   a person who is not eligible to receive a full service retirement   annuity under Subsection (b) on receipt by the retirement system of   notice and the terms of the person's conviction.          (d)  The retirement system shall resume making full annuity   payments if the person made ineligible for a full annuity under   Subsection (b):                (1)  is subsequently found to be not guilty of the   offense; or                (2)  meets the requirements for innocence under Section   103.001(a)(2), Civil Practice and Remedies Code.          (e)  The retirement system as applicable shall:                (1)  for a person whose full annuity payments are   resumed under Subsection (d), reimburse the person for any portion   of the annuity payments withheld during a period of suspension; or                (2)  restore the full eligibility of a person convicted   of an offense described by Subsection (b) to receive a service   retirement annuity, including the restoration of all service   credits accrued by the person before the conviction, if the person   satisfies the condition under Subsection (d)(1) or (2).          (f)  Except as provided by Subsection (g), a person convicted   of an offense described by Subsection (b) whose eligibility for a   service retirement annuity is not fully restored under Subsection   (e)(2) is eligible to accrue service credit toward a service   retirement annuity from the retirement system if the person:                (1)  was placed on community supervision for the   offense for which the person was convicted and:                      (A)  successfully completed the period of   community supervision; and                      (B)  received a discharge and dismissal under   Article 42A.701, Code of Criminal Procedure; or                (2)  was sentenced to serve a term of confinement in a   penal institution for the offense for which the person was   convicted and completely discharged the person's sentence,   including any term of confinement and any period of parole or other   form of conditional release.          (g)  In determining a person's eligibility for retirement   benefits under Subsection (f), the retirement system may include   only those service credits that were:                (1)  accrued by the person before the person's   conviction for an offense described by Subsection (b) and remaining   after conviction of the offense; or                (2)  earned after fulfilling the requirements under   Subsection (f).          (h)  Except as provided by Subsection (i), a person who is   not eligible to receive a full service retirement annuity under   Subsection (b) is entitled to request and receive a refund of the   person's retirement annuity contributions, not including any   interest earned on those contributions. A person who accepts a   refund under this subsection terminates the person's membership in   the retirement system.          (i)  Benefits payable to an alternate payee under Chapter   804, including a spouse or dependent child, are not affected by a   person's ineligibility to receive a full service retirement annuity   under Subsection (b).          (j)  The board of trustees may adopt rules and procedures to   implement this section.          (k)  A court shall:                (1)  determine and order as applicable for a person   convicted of an offense described by Subsection (b) the amount by   which the person's:                      (A)  service retirement annuity payments are to be   reduced; or                      (B)  accrued service credits are to be reduced;   and                (2)  notify the retirement system of the terms of a   conviction ordered under Subdivision (1).          SECTION 3.04.  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)  This section applies only to a person who is a member or an   annuitant of the retirement system and is or was an employee who, as   defined by rule of the board of trustees, has or had regular, direct   contact with students.          (b)  To the extent ordered by a court under Subsection (k), a   person is not eligible to receive a full service retirement annuity   from the retirement system if the person is finally convicted of an   offense the victim of which is a student who is a minor and the   offense:                (1)  arises from the person's employment described by   Subsection (a) while a member of the retirement system; and                (2)  is punishable as a felony under the following   sections of the Penal Code:                      (A)  Section 15.01 (criminal attempt), Section   15.02 (criminal conspiracy), Section 15.03 (criminal   solicitation), or Section 15.031 (criminal solicitation of a   minor);                      (B)  Section 19.02 (murder), Section 19.03   (capital murder), Section 19.04 (manslaughter), or Section 19.05   (criminally negligent homicide);                      (C)  Section 20.02 (unlawful restraint);                      (D)  Section 20.03 (kidnapping) or Section 20.04   (aggravated kidnapping);                      (E)  Section 20.05 (smuggling of persons);                      (F)  Section 20A.02 (trafficking of persons);                      (G)  Section 21.02 (continuous sexual abuse of   young child or children);                      (H)  Section 21.11 (indecency with a child);                      (I)  Section 21.12 (improper relationship between   educator and student);                      (J)  Section 22.01 (assault);                      (K)  Section 22.011 (sexual assault) or Section   22.021 (aggravated sexual assault);                      (L)  Section 22.04 (injury to a child, elderly   individual, or disabled individual);                      (M)  Section 22.041 (abandoning or endangering   child);                      (N)  Section 33.021 (online solicitation of a   minor);                      (O)  Section 43.05 (compelling prostitution);                      (P)  Section 43.25 (sexual performance by a   child); or                      (Q)  Section 43.251 (employment harmful to   children).          (c)  To the extent ordered by a court under Subsection (k),   the retirement system shall suspend making full annuity payments to   a person who is not eligible to receive a full service retirement   annuity under Subsection (b) on receipt by the retirement system of   notice and the terms of the person's conviction.          (d)  The retirement system shall resume making full annuity   payments if the person made ineligible for a full annuity under   Subsection (b):                (1)  is subsequently found to be not guilty of the   offense; or                (2)  meets the requirements for innocence under Section   103.001(a)(2), Civil Practice and Remedies Code.          (e)  The retirement system as applicable shall:                (1)  for a person whose full annuity payments are   resumed under Subsection (d), reimburse the person for any portion   of the annuity payments withheld during a period of suspension; or                (2)  restore the full eligibility of a person convicted   of an offense described by Subsection (b) to receive a service   retirement annuity, including the restoration of all service   credits accrued by the person before the conviction, if the person   satisfies the condition under Subsection (d)(1) or (2).          (f)  Except as provided by Subsection (g), a person convicted   of an offense described by Subsection (b) whose eligibility for a   service retirement annuity is not fully restored under Subsection   (e)(2) is eligible to accrue service credit toward a service   retirement annuity from the retirement system if the person:                (1)  was placed on community supervision for the   offense for which the person was convicted and:                      (A)  successfully completed the period of   community supervision; and                      (B)  received a discharge and dismissal under   Article 42A.701, Code of Criminal Procedure; or                (2)  was sentenced to serve a term of confinement in a   penal institution for the offense for which the person was   convicted and completely discharged the person's sentence,   including any term of confinement and any period of parole or other   form of conditional release.          (g)  In determining a person's eligibility for retirement   benefits under Subsection (f), the retirement system may include   only those service credits that were:                (1)  accrued by the person before the person's   conviction for an offense described by Subsection (b) and remaining   after conviction of the offense; or                (2)  earned after fulfilling the requirements under   Subsection (f).          (h)  Except as provided by Subsection (i), a person who is   not eligible to receive a full service retirement annuity under   Subsection (b) is entitled to request and receive a refund of the   person's retirement annuity contributions, not including any   interest earned on those contributions. A person who accepts a   refund under this subsection terminates the person's membership in   the retirement system.          (i)  Benefits payable to an alternate payee under Chapter   804, including a spouse or dependent child, are not affected by a   person's ineligibility to receive a full service retirement annuity   under Subsection (b).          (j)  The board of trustees may adopt rules and procedures to   implement this section.          (k)  A court shall:                (1)  determine and order as applicable for a person   convicted of an offense described by Subsection (b) the amount by   which the person's:                      (A)  service retirement annuity payments are to be   reduced; or                      (B)  accrued service credits are to be reduced;   and                (2)  notify the retirement system of the terms of a   conviction ordered under Subdivision (1).   ARTICLE 4.  IMPLEMENTATION; EFFECTIVE DATES          SECTION 4.01.  As soon as practicable, but not later than   September 1, 2017:                (1)  the Texas Education Agency shall establish the   registry required under Section 22.088, Education Code, as added by   this Act; and                (2)  each school district and open-enrollment charter   school shall adopt and implement the policy required under Section   38.00415(d), Education Code, as added by this Act.          SECTION 4.02.  Section 38.00415(c), Education Code, as added   by this Act, applies only to an offense committed on or after the   effective date of this Act. An offense committed before the   effective date of this Act is governed by the law in effect 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 occurred before that date.          SECTION 4.03.  Not later than January 1, 2018, the child   protective services division of the Department of Family and   Protective Services shall develop and implement the system required   by Section 261.103(d), Family Code, as added by this Act.          SECTION 4.04.  The change in law made by this Act to Section   21.12(a), 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 occurred before that date.          SECTION 4.05.  Section 21.12(a-1), Penal Code, as added by   this Act, applies only to an offense committed on or after the   effective date of this Act. An offense committed before the   effective date of this Act is governed by the law in effect 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 occurred before that date.          SECTION 4.06.  The changes in law made by Sections 2.05,   2.07, 2.09, and 2.16 of this Act apply beginning with the 2017-2018   school year.          SECTION 4.07.  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 4.08.  Sections 814.013 and 824.009, Government   Code, as added by this Act, apply only to an offense committed on or   after the effective date of rules adopted in accordance with   Section 4.09 of this article. 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   Section 4.09 of this article if any element of the offense occurred   before that date.          SECTION 4.09.  (a)  Not later than December 31, 2017, for   the purposes of Section 814.013(a), Government Code, as added by   this Act, the board of trustees of the Employees Retirement System   of Texas by rule shall define which employee positions at the   institutional schools of the Texas Juvenile Justice Department   include regular, direct contact with students.          (b)  Not later than December 31, 2017, for the purposes of   Section 824.009(a), Government Code, as added by this Act, the   board of trustees of the Teacher Retirement System of Texas by rule   shall define which employee positions include regular, direct   contact with students.          SECTION 4.10.  (a)  Except as provided by Subsection (b) of   this section, this Act takes effect immediately if it receives a   vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.          (b)  Section 12.1059, Education Code, as amended by this Act,   takes effect January 1, 2018.