Public Servants

All college district employees are public servants and therefore subject to Title 8 of the Penal Code, regarding offenses against

public administration, including bribery and corrupt influence (Chapter 36), perjury and other falsification (Chapter 37), obstructing governmental operation (Chapter 38), and abuse of office (Chapter 39). [See DBD and BBFA] Penal Code 1.07(a)(41), Title 8

Hair Texture and

Style

An employer, including a college district, commits an unlawful employment practice if the employer adopts or enforces a dress or

grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race. “Protective hairstyle” includes braids, locks, and twists. [See DAA] Labor Code 21.1095

Low-THC Cannabis

A municipality, county, or other political subdivision, including a college district, may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, storage, dispensing, or possession of low-THC cannabis, as

authorized by Health and Safety Code Chapter 487.201. Health and Safety Code 487.201

Hemp

A municipality, county, or other political subdivision of this state, including a college district, may not enact, adopt, or enforce a rule,

ordinance, order, resolution, or other regulation that prohibits the cultivation, handling, transportation, or sale of hemp as authorized by Agriculture Code Chapter 122. Agriculture Code 122.002

Dextromethorphan

A political subdivision of this state, including a college district, may not adopt or enforce an ordinance, order, rule, regulation, or policy that governs the sale, distribution, or possession of dextromethorphan. An ordinance, order, rule, regulation, or policy described by this section is void and unenforceable. Health and Safety Code 488.005

Drug and Alcohol

Abuse Program

A person other than an individual shall not receive a grant from a Federal agency unless the person agrees to provide a drug-free

workplace by:

Federal Drug- Free Workplace Act

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of

a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of the prohibition [see DI(EXHIBIT)];

2. Establishing a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace;

the grantee's policy of maintaining a drug-free workplace; available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations;

3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement

required by item 1;

4. Notifying the employee in the statement required by item 1 that as a condition of employment in the grant the employee

will abide by the terms of the statement; and notify the employer of any criminal drug statute conviction for a violation

occurring in the workplace no later than five days after the conviction;

5. Notifying the granting agency within 10 days after receiving notice under item 4 from an employee or otherwise receiving

actual notice of a conviction;

6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,

any employee who is convicted, as required by 41 U.S.C.8104; and

7. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of items 1 to 6.

41 U.S.C. 8103(a)(1)

Sex Offender

Registration

Not later than the later of the seventh day after the date on which the person begins to work or the first date the applicable authority by policy allows the person to register, a person required to register under Code of Criminal Procedure Chapter 62 who is employed or carries on a vocation at a public or private institution of higher education in this state shall report that fact to:

1. The authority for campus security for that institution; or

2. If an authority for campus security for that institution does not exist the local law enforcement authority of:

a. The municipality in which the institution is located; or

b. The county in which the institution is located, if the institution is not located in a municipality.

The person described above shall provide the authority for campus security or the local law enforcement authority all information the person is required to provide under Code of Criminal Procedure 62.051(c). The person shall notify the authority for campus security or the local law enforcement authority not later than the seventh day after the date of termination of the person’s status as a worker at the institution.

The authority for campus security or the local law enforcement authority shall promptly forward to the administrative office of the institution any information received from the person under Code of Criminal Procedure 62.153 and any information received from the Texas Department of Public Safety under Code of Criminal Procedure 62.005.

This section does not impose the requirements of public notification or notification to public or private primary or secondary schools

on:

1. An authority for campus security; or

2. A local law enforcement authority, if those requirements relate to a person about whom the authority is not otherwise re-

quired by Code of Criminal Procedure Chapter 62 to make notifications.

Code of Criminal Procedure 62.153(a)-(d), (f) [See also GCA]

Faculty Discipline

Only the president or chief executive officer or provost of an institution of higher education, including a college district, or the president's or chief executive officer's or provost's designee may be involved in decision making regarding the faculty discipline process. Education Code 51.9431(b)

Misconduct by a

Person Licensed

Under Occupations

Code 1701

A law enforcement agency shall adopt the model policy described by this section or a substantively similar policy. A policy adopted by a law enforcement agency under this section must be submitted to the Texas Commission on Law Enforcement (TCOLE), and TCOLE shall maintain a copy of the policy.

TCOLE shall adopt a model policy establishing procedures applicable to a law enforcement agency investigating alleged misconduct

by a license holder employed by the agency. The policy adopted under this section must:

1. Require a law enforcement agency to:

a. Initiate an appropriate administrative or criminal investigation into alleged misconduct of a license holder employed by the law enforcement agency at the time the agency becomes aware of the alleged misconduct;

b. Complete the investigation described by item 1a in a timely manner, as prescribed by TCOLE;

c. Report an investigation into alleged criminal misconduct for which criminal charges are filed against the license holder to TCOLE in a timely manner after the investigation is completed;

d. Complete an administrative investigation of alleged misconduct and prepare and submit to TCOLE a summary report on the investigation, including the disposition of the investigation and any informational findings, in a format prescribed by TCOLE, in a timely manner but not later than the 30th day after the date of the license holder’s separation from the agency, if applicable;

e. Include documentation of the completed investigation in the personnel file, as described by Occupations Code 1701.4535, of the license holder maintained by the agency [see DBA]; and

f. Submit to TCOLE each report of a completed investigation.

2. Provide that an investigation into the alleged misconduct of a license holder may not be terminated by the resignation, retirement, termination, death, or separation from employment of the license holder; and

3. Specify that a license holder under investigation for misconduct is entitled to any internal due process procedures provided by the investigating agency to contest the investigation or completed report.

TCOLE shall maintain each report received under a policy adopted under this section as part of the license holder’s record in the licensing status database established under Occupations Code 1701.168. [See DC]

“Misconduct” means a violation of law or any of the following that have been sustained by a law enforcement agency employing a license holder:

1. A violation of a law enforcement agency policy for which the agency may suspend, demote, or terminate a license holder’s

employment; or

2. An allegation of untruthfulness against a license holder.

Occupations Code 1701.001(2-a); .4522(a)-(d)

Disqualification from

Retirement Annuity

for Conviction of

Certain Felonies

A person is not eligible to receive a service retirement annuity from the Teacher Retirement System of Texas (TRS) if the person is

convicted of a qualifying felony the victim of which is a student.

“Qualifying felony” means an offense that is punishable as a felony under the following sections of the Penal Code:

1. Section 21.02 (continuous sexual abuse of young child or disabled individual);

2. Section 21.12 (improper relationship between educator and student);

3. Section 22.011 (sexual assault) or Section 22.021 (aggravated sexual assault); or

4. Section 43.24 (sale, distribution, or display of harmful material to minor).

The term includes any federal offense that contains elements that are substantially similar to the elements of a felony offense de-

scribed above.

Gov’t Code 824.009(a)-(c)

Public Information

on a Privately-

Owned Device

A current or former officer or employee of a governmental body who maintains public information on a privately-owned device

shall:

1. Forward or transfer the public information to the governmental body or a governmental body server to be preserved as provided by Government Code 552.004(a); or

2. Preserve the public information in its original form in a backup or archive and on the privately-owned device for the time de-

scribed under Government Code 552.004(a).

Gov’t Code 552.004(b) [See CIA and GCB]

Diversity, Equity,

and Inclusion

Initiatives

The governing board of an institution of higher education, including a college district, shall ensure that each unit of the institution

adopts policies and procedures for appropriately disciplining, including by termination, an employee or contractor of the institution

who engages in conduct in violation of Education Code 51.3525(b)(1) [see BG, DAA, and FA]. Education Code

51.3525(b)(2)