Quitting Won’t Stop A Misconduct Finding Under Villalobos Bill

The text as introduced · 653 words

89R12908 JG-D

By: Villalobos
H.B. No. 5344

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain persons to provide services

as an employee, volunteer, or contractor for certain agencies,

including public school contractors, and access to the registry of

persons who are not eligible for employment at public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 810, Health and Safety

Code, is amended to read as follows:

CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE ;

REQUIRED DETERMINATION OF REPORTABLE CONDUCT

SECTION 2. Chapter 810, Health and Safety Code, is amended

by adding Section 810.0055 to read as follows:

Sec. 810.0055. REQUIRED DETERMINATION OF REPORTABLE

CONDUCT. (a) Notwithstanding any other law, a participating state

agency:

(1) shall ensure an investigation is conducted and a

determination is issued for each allegation of reportable conduct

against an agency employee, volunteer, or contractor, regardless of

whether the employee, volunteer, or contractor voluntarily resigns

or surrenders a license or certification the employee, volunteer,

or contractor would otherwise be ineligible to hold as a result of

the determination; and

(2) may not authorize the dismissal of an appeal or

enter into a settlement agreement, through mediation or other

means, related to an allegation of reportable conduct against an

agency employee, volunteer, or contractor if the dismissal or

agreement would prevent issuance of a determination on the

allegation.

(b) A participating state agency shall ensure each

individual the agency determines has engaged in reportable conduct

in accordance with this section is included in the search engine as

required by this chapter.

SECTION 3. Sections 22.0834(a) and (o), Education Code, are

amended to read as follows:

(a) This [ Except as provided by Subsection (a-1), this ]

subsection applies to a person who is not an applicant for or holder

of a certificate under Subchapter B, Chapter 21, and who is offered

employment by an entity or a subcontractor of an entity that

contracts with a school district, open-enrollment charter school,

or shared services arrangement to provide services, if:

(1) the employee or applicant has or will have

continuing duties related to the contracted services; and

(2) the employee or applicant has or will have direct

contact with students.

(o) A school district, charter school, regional education

service center, commercial transportation company, education

shared services arrangement, or qualified school contractor,

contracting entity, or subcontracting entity may not permit an

employee to whom Subsection (a) applies to provide services at a

school if the employee :

(1) has been convicted of a felony or misdemeanor

offense that would prevent a person from being employed under

Section 22.085(a) ; or

(2) is identified as having engaged in misconduct

described by Section 22.093(c)(1)(A) or (B) using the interagency

reportable conduct search engine established under Chapter 810,

Health and Safety Code .

SECTION 4. Section 22.092(d), Education Code, is amended to

read as follows:

(d) The agency shall provide equivalent access to the

registry maintained under this section to:

(1) private schools;

(2) public schools; [ and ]

(3) nonprofit teacher organizations approved by the

commissioner for the purpose of participating in the tutoring

program established under Section 33.913 ; and

(4) entities and subcontractors of entities that

contract with a school district, open-enrollment charter school, or

shared services arrangement to provide services .

SECTION 5. The following provisions of the Education Code

are repealed:

(1) Sections 22.0834(a-1) and (l); and

(2) Section 22.0834(p)(2).

SECTION 6. Section 22.0834, Education Code, as amended by

this Act, applies only to a contract entered into on or after the

effective date of this Act.

SECTION 7. 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, 2025.