SB571 - Relating to the reporting and investigation of certain misconduct and child abuse and neglect; creating a criminal offense.

      S.B. No. 571         AN ACT   relating to the reporting and investigation of certain misconduct   and child abuse and neglect; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  REPORTING OF MISCONDUCT          SECTION 1.01.  Article 42.018(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  This article applies only to:                (1)  conviction or deferred adjudication community   supervision granted on the basis of :                       (A)   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;                       (B)     an offense under Section 21.12 or 43.24,   Penal Code;                       (C)     a felony offense under Chapter 43, Penal   Code;                       (D)     a felony offense involving school property;   or                       (E)     an offense under the laws of another state or   federal law that is equivalent to an offense under Paragraph (A),   (B), (C), or (D); or                (2)  conviction of :                       (A)  a felony [ an ] offense under Title 5, Penal   Code[ , if the victim of the offense was under 18 years of age at the   time the offense was committed ]; or                       (B)     an offense under the laws of another state or   federal law that is equivalent to an offense under Paragraph (A)                [ (3)     conviction or deferred adjudication community   supervision granted on the basis of an offense under Section 43.24,   Penal Code ].          SECTION 1.02.  Subtitle D, Title 2, Education Code, is   amended by adding Chapter 22A, and a heading is added to that   chapter to read as follows:   CHAPTER 22A.   EMPLOYEE AND SERVICE PROVIDER MISCONDUCT          SECTION 1.03.  Chapter 22A, Education Code, as added by this   Act, is amended by adding Subchapter A, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER A.   GENERAL PROVISIONS          SECTION 1.04.  Section 21.006(a), Education Code, is   transferred to Subchapter A, Chapter 22A, Education Code, as added   by this Act, redesignated as Section 22A.001, Education Code, and   amended to read as follows:           Sec. 22A.001.  DEFINITIONS.   [ (a) ]  In this chapter   [ section ]:                (1)  "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)   "Board" means the State Board for Educator   Certification.                 (3)     "Educational entity" means a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement.                 (4)     "Educational provider" means an entity that   employs or contracts with a person to provide educational services   to a child participating in the education savings account program.   The term includes:                       (A)     a certified educational assistance   organization, as defined by Section 29.351, as added by S.B. 2, 89th   Legislature, Regular Session, 2025; and                       (B)     an education service provider or vendor of   educational products participating in the education savings   account program.                 (5)     "Education savings account program" means the   education savings account program established under Subchapter J,   Chapter 29, as added by S.B. 2, 89th Legislature, Regular Session,   2025.                 (6)   "Other charter entity" means:                      (A)  a school district operating under a home-rule   school district charter adopted under Subchapter B, Chapter 12;                      (B)  a campus or campus program operating under a   charter granted under Subchapter C, Chapter 12; and                      (C)  an entity that contracts to partner with a   school district under Section 11.174(a)(2) to operate a district   campus under a charter granted to the entity by the district under   Subchapter C, Chapter 12.                 (7)     "Registry" means the registry of persons who are   not eligible to be employed by or act as a service provider for an   educational entity maintained under Section 22A.151.                 (8)     "Service provider" means a person who provides   services to an educational entity. The term includes:                       (A)     a contractor or subcontractor for an   educational entity;                       (B)     a provider of tutoring services for an   educational entity;                       (C)     an entity that has entered into a contract to   operate a school district campus under Section 11.174;                       (D)     a staffing provider for an educational   entity; and                       (E)     a person employed by or under the control of a   person described by Paragraph (A), (B), (C), or (D).          SECTION 1.05.  Subchapter A, Chapter 22A, Education Code, as   added by this Act, is amended by adding Section 22A.002 to read as   follows:           Sec.   22A.002.     CONFIDENTIALITY. (a)     Unless disclosure is   required by other law and except as provided by Subsection (b), a   complaint from a member of the public, statement, recording, note,   file, record, memorandum, or report that is received, obtained, or   created by the board or agency relating to the review or   investigation of an allegation of misconduct under this chapter   involving an employee of or contractor for an educational provider   or an educator or employee employed by or a service provider for an   educational entity is confidential and not subject to disclosure   under Chapter 552, Government Code.           (b)  Subsection (a) does not prohibit the disclosure of:                 (1)     a report required under Section 22A.051, 22A.052,   22A.301, or 22A.302;                 (2)     information described by Subsection (a) for   purposes of an administrative or other legal proceeding brought   under Chapter 2001, Government Code; or                 (3)     information required to be included in the report   under Section 22A.251.          SECTION 1.06.  Chapter 22A, Education Code, as added by this   Act, is amended by adding Subchapter B, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER B.   REQUIRED MISCONDUCT REPORTING          SECTION 1.07.  Sections 21.006(b), (b-1), (b-2), (c), (c-1),   (d), (e), (f), (g), (h), (i), (j), and (k), Education Code, are   transferred to Subchapter B, Chapter 22A, Education Code, as added   by this Act, redesignated as Section 22A.051, Education Code, and   amended to read as follows:           Sec.   22A.051.     REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO   BOARD. (a)  [ (b) ]  In addition to the reporting requirement under   Section 261.101, Family Code, [ and except as provided by Subsection   (c-2), ] the superintendent or director of an educational entity [ a   school district, district of innovation, open-enrollment charter   school, other charter entity, regional education service center, or   shared services arrangement ] shall notify the board [ State Board   for Educator Certification ] if:                (1)  an educator employed by or seeking employment by   the entity [ school district, district of innovation, charter   school, other charter entity, service center, or shared services   arrangement ] has a criminal record and the entity [ school district,   district of innovation, charter school, other charter entity,   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 entity [ school   district, district of innovation, charter school, other charter   entity, service center, or shared services arrangement ] was   terminated and there is evidence that the educator:                      (A)  abused or otherwise committed an unlawful act   with a student or minor , including by engaging in conduct that   involves physical mistreatment or constitutes a threat of violence   to a student or minor and that is not justified under Chapter 9,   Penal Code, regardless of whether the conduct resulted in bodily   injury ;                       (B)  [ (A-1) ]  was involved in or solicited a   romantic relationship with or solicited or engaged in sexual   contact with a student or minor;                       (C)     engaged in inappropriate communications with   a student or minor, as defined by board rule;                       (D)     failed to maintain appropriate boundaries   with a student or minor, as defined by board rule;                       (E)  [ (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.;                       (F)  [ (C) ]  illegally transferred, appropriated,   or expended funds or other property of the entity [ school district,   district of innovation, charter school, other charter entity,   service center, or shared services arrangement ];                       (G)  [ (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                       (H)  [ (E) ] &#xA [Text truncated for display. Full text available on LegiScan.]