Tex. Educ. Code Section 22.085
Employees and Applicants Convicted of or Placed on Deferred Adjudication Community Supervision for Certain Offenses


(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 the employee or applicant has been:

(1)

convicted of or placed on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure; or

(2)

convicted of:

(A)

a felony 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 Subdivision (1) or Paragraph (A).

(b)

Subsection (a) does not apply if the employee or applicant for employment committed an offense under Title 5, Penal Code and:

(1)

the date of the offense is more than 30 years before:

(A)

the effective date of S.B. No. 9, Acts of the 80th Legislature, Regular Session, 2007, in the case of a person employed by a school district, open-enrollment charter school, or shared services arrangement as of that date; or

(B)

the date the person’s employment will begin, in the case of a person applying for employment with a school district, open-enrollment charter school, or shared services arrangement after the effective date of S.B. No. 9, Acts of the 80th Legislature, Regular Session, 2007; and

(2)

the employee or applicant for employment satisfied all terms of the court order entered on conviction.

(c)

A school district, open-enrollment charter school, or shared services arrangement may not allow a person who is an employee of or applicant for employment by a qualified school contractor or an entity that contracts with the district, school, or shared services arrangement to serve at the district or school or for the shared services arrangement if the district, school, or shared services arrangement obtains information described by Subsection (a) through a criminal history record information review concerning the employee or applicant. A school district, open-enrollment charter school, or shared services arrangement must ensure that an entity that the district, school, or shared services arrangement contracts with for services has obtained all criminal history record information as required by Section 22.0834.

(d)

A school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may discharge an employee if the district or school obtains information of the employee’s conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the State Board for Educator Certification or the district, school, service center, or shared services arrangement. An employee discharged under this section is considered to have been discharged for misconduct for purposes of Section 207.044 (Discharge for Misconduct), Labor Code.

(e)

The State Board for Educator Certification may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant for employment if the educator knows or should have known, through a criminal history record information review, that the employee or applicant has been:

(1)

convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a)(1); or

(2)

convicted of an offense described by Subsection (a)(2).

(f)

Each school year, the superintendent of a school district or chief operating officer of an open-enrollment charter school shall certify to the commissioner that the district or school has complied with this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 10, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.014, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.015, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 3, eff. June 13, 2023.

Source: Section 22.085 — Employees and Applicants Convicted of or Placed on Deferred Adjudication Community Supervision for Certain Offenses, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­22.­htm#22.­085 (accessed May 26, 2025).

22.001
Salary Deductions for Professional Dues
22.002
Assignment, Transfer, or Pledge of Compensation
22.003
Minimum Personal Leave Program
22.004
Group Health Benefits for School Employees
22.005
Health Care Plan and Fund
22.006
Discrimination Based on Jury Service Prohibited
22.007
Incentives for Early Retirement
22.011
Requiring or Coercing Employees to Make Charitable Contributions
22.051
Definition
22.052
Administration of Medication by School District Employees or Volunteer Professionals
22.053
School District Volunteers
22.054
Liability of Certain Institutions of Higher Education
22.055
Frivolous Suit Against Employee
22.081
Definitions
22.082
Access to Criminal History Records by State Board for Educator Certification
22.083
Access to Criminal History Records of Employees by Local and Regional Education Authorities
22.084
Access to Criminal History Records of School Bus Drivers, Bus Monitors, and Bus Aides
22.085
Employees and Applicants Convicted of or Placed on Deferred Adjudication Community Supervision for Certain Offenses
22.086
Liability for Reporting Offenses
22.087
Notification to State Board for Educator Certification
22.091
Definition
22.092
Registry of Persons Not Eligible for Employment in Public Schools
22.093
Requirement to Report Employee Misconduct
22.094
Notice of Alleged Misconduct
22.095
Internet Portal
22.096
Compliance Monitoring
22.101
Definitions
22.102
Authority to Adopt Rules
22.103
Designation of Compensation as Health Care Supplementation
22.104
Funds Held in Trust
22.105
Written Election Required
22.106
Use of Designated Compensation
22.107
Wage Increase for Support Staff
22.0511
Immunity from Liability
22.0512
Immunity from Disciplinary Proceedings for Professional Employees
22.0513
Notice of Claim
22.0514
Exhaustion of Remedies
22.0515
Limitation on Damages
22.0516
Alternative Dispute Resolution
22.0517
Recovery of Attorney’s Fees in Action Against Professional Employee
22.0815
Applicability of Subchapter to Districts of Innovation and Other Charter Entities
22.0825
Access to Criminal History Records by Texas Education Agency
22.0831
National Criminal History Record Information Review of Certified Educators
22.0832
National Criminal History Record Information Review of Certain Open-enrollment Charter School Employees
22.0833
National Criminal History Record Information Review of Noncertified Employees
22.0834
Criminal History Record Information Review of Certain Contract Employees
22.0835
Access to Criminal History Records of Student Teachers and Volunteers by Local and Regional Education Authorities
22.0836
National Criminal History Record Information Review of Substitute Teachers
22.0837
Fee for National Criminal History Record Information
22.901
Unlawful Inquiry into Religious Affiliation
22.902
Instruction Related to Cardiopulmonary Resuscitation and Use of Automated External Defibrillator
22.904
Mental Health Training
22.05125
Immunity from Disciplinary Proceedings for Classroom Teachers
22.08361
National Criminal History Record Information Review of Certain Private School Employees
22.08391
Confidentiality of Information

Verified:
May 26, 2025

§ 22.085. Emps. & Applicants Convicted of or Placed on Deferred Adjudication Community Supervision for Certain Offenses's source at texas​.gov