HB 5393 reorganizes and expands Texas law governing the reporting, investigation, and public tracking of misconduct by school employees and certain private school educators. The bill creates a new Chapter 22A, Education Code, and moves existing educator-misconduct provisions into that chapter while broadening the categories of reportable conduct. It requires school district, charter school, and other educational entity leaders to report certain criminal records, terminations, resignations during investigations, and allegations involving abuse, grooming, sexual conduct, inappropriate communications with students or minors, drug offenses, theft or misuse of school property, credential fraud, and offenses committed on school property or at school events. It also adds parallel reporting duties for private schools employing educators in positions that would require certification in public schools.
The bill strengthens the investigative and enforcement framework by requiring rapid notice to the Texas Education Agency, the State Board for Educator Certification, and in some cases law enforcement. It requires completion of investigations even if the employee resigns, bars acceptance of resignation or surrender of a certificate in certain pending investigations, and authorizes subpoenas during investigations. It also creates a registry of persons ineligible to work or volunteer in public schools, expands access to that registry and to an interagency reportable-conduct search engine, and requires educational entities to remove listed persons from employment or volunteer roles. Additional provisions require parent and guardian notice, public disclosure of civil penalties, annual or quarterly reporting to the legislature, and compliance monitoring by the commissioner.
HB 5393 would significantly affect the Education Code by transferring and renumbering multiple sections, repealing older provisions, and expanding the scope of mandatory reporting and disqualification rules to cover more entities and more types of misconduct. It also imposes new consequences for noncompliance, including administrative penalties, state jail felony liability for intentional concealment of required reports, and charter violations for certain charter schools that fail to discharge or refuse to hire prohibited individuals. The bill applies beginning with the 2025-2026 school year.
The general sentiment reflected in the bill text is strongly protective of students and focused on transparency, accountability, and faster reporting of misconduct. The structure of the bill suggests a policy preference for mandatory reporting, public disclosure, and immediate action by school officials rather than discretionary handling of allegations. Because there were no committee transcripts or recorded votes provided, there is no direct evidence of debate or opposition in the available materials.
The main points of contention likely concern the breadth of mandatory reporting, the short reporting deadlines, and the criminal and civil penalties imposed on principals, superintendents, boards, and governing bodies. The bill also raises potential concerns about due process for accused employees, confidentiality of investigations, and the administrative burden on schools and private schools, especially because it requires investigation completion even after resignation and extends reporting obligations to private school administrators and other persons who learn of misconduct.
The bill would create a new, consolidated Chapter 22A in the Education Code and amend numerous related statutes to align with the new reporting, registry, investigation, and employment-disqualification framework. It expands mandatory reporting duties for public schools, charter schools, regional education service centers, shared services arrangements, and private schools; creates new offenses and civil penalties for concealment or failure to report; and requires TEA and SBEC to maintain a registry and internet portal for misconduct reporting and access. It also affects criminal procedure notice requirements, charter school compliance provisions, educator certification rules, and interagency reportable-conduct systems, thereby broadening the legal obligations of school officials, administrators, and employers across the education sector.
The bill’s overall tone is assertive and enforcement-oriented, with a clear emphasis on protecting students, improving transparency, and preventing institutions from quietly handling serious misconduct. The text reflects a strong legislative intent to require prompt reporting, public accountability, and coordination with state agencies and law enforcement. No committee testimony or vote history was provided, so the available context does not show recorded support or opposition from specific legislators or stakeholders.
Likely areas of contention include the bill’s expanded definition of reportable misconduct, the very short deadlines for notice and reporting, and the imposition of state jail felony liability and civil penalties for failures to report or concealment. School administrators may object to the operational burden of completing investigations, notifying parents and agencies, and maintaining compliance under tight timelines, while employee advocates may raise due-process concerns about registry placement, public certification records, and mandatory termination or revocation during pending investigations. Private schools may also object to being brought into a reporting regime similar to public schools, especially where the bill authorizes reports by any person and requires submission of evidence to the board.