Tex. Educ. Code § 22A.201 · Subchapter E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR MISCONDUCT
DENIAL OR REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The procedures described by this section apply only to:
(1) conviction of or placement on deferred adjudication community supervision for:
(A) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(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 offense under Title 5, Penal Code; or
(B) an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A).
(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 Subchapter B, Chapter 21, 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 person's certificate issued under Subchapter B, Chapter 21, 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(1) immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and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) for a person employed under a probationary, continuing, or term contract under Chapter 21, 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 (e); and
(C) terminate the employment of the person as soon as practicable.
(d) 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 Chapter 21 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 (e); and
(3) terminate the employment of the person as soon as practicable.
(e) A person's probationary, continuing, or term contract under Chapter 21 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 (d)(2).
(f) The board or a school district may not issue a certificate or permit under Subchapter B, Chapter 21, to a person who has been convicted of or placed on deferred adjudication for an offense described by Subsection (a)(1) or who has been convicted of an offense described by Subsection (a)(2).
(g) Action taken by a school district or open-enrollment charter school under Subsection (c) or (d) is not subject to appeal under this chapter, and the notice and hearing requirements of this chapter do not apply to the action.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 920, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 2, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 11, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1129 (H.B. 4520), Sec. 2, eff. September 1, 2023.
Transferred, redesignated and amended from Education Code, Section 21.058 by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.22, eff. June 20, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm
- Text hash
- sha256 10cda117d73925f679d86ccaf44b15ac83b64334696b5ddda38f0044a6f31777
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Education Code
Penal Code
- Tex. Penal Code tit. 5OFFENSES AGAINST THE PERSONPrinted as Title 5, Penal Code
- Tex. Penal Code § 21.12IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.Printed as Section 21.12 or 43.24, Penal Code
- Tex. Penal Code ch. 43PUBLIC INDECENCYPrinted as Chapter 43, Penal Code
- Tex. Penal Code § 43.24SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.Printed as Section 21.12 or 43.24, Penal Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Educ. Code § 22A.201. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 22A.151REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES.Printed as Section 22A.201(b)
- Tex. Educ. Code § 22A.153TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN ARRESTS.Printed as Section 22A.201(a)
- Tex. Educ. Code § 22A.157EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.Printed as Section 22A.201(a)(1) | Section 22A.201(a)(2)
- Tex. Educ. Code § 22A.203TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT FOR CERTAIN ARRESTS.Printed as Section 22A.201(a)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.