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Signed Into Law
Signed May 19, 2025Effective 2025-09-01
SB1437

Regular Session

Relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility.

Government Affairs & Regulatory Compliance Analysis

SB1437: Government Affairs Overview

SB1437 significantly expands the Texas Juvenile Justice Department's (TJJD) regulatory reach, allowing the agency to declare individuals permanently ineligible for future certification based on misconduct, even if they do not currently hold a certification. This effectively creates a statutory "do not hire" mechanism that applies to employees, contractors, and volunteers across the juvenile justice system, requiring immediate updates to vetting and termination protocols.

Sen. Paul Bettencourt·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

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SB1437
Moderate
Relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
SOAHTJJD
Primary Author: Sen. Paul Bettencourt
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Hiring workflows must be updated by this date to screen against new ineligibility lists).
  • Agency Rulemaking: TJJD is expected to promulgate rules defining "unsuitability" and the procedural mechanics of "telephonic panels" between Q2 and Q3 2025.

Immediate Action Plan

  • 1. Audit Vendor Contracts: Immediately identify all third-party staffing contracts and draft amendments regarding TJJD eligibility verification.
  • 2. Update Hiring Checklists: Integrate the TJJD ineligibility list check into the pre-offer phase for all positions, effective September 1, 2025.
  • 3. Revise Retention Policies: Halt the destruction of disciplinary records for any staff member interacting with juveniles; archive these files for potential SOAH hearings.
  • 4. Monitor Texas Register: Assign compliance staff to track TJJD proposed rules regarding Section 222.054 to influence the definition of "unsuitability."

Operational Changes Required

Contracts

  • Vendor MSAs: You must amend Master Service Agreements with staffing agencies, medical providers, and security firms. Insert clauses requiring vendors to certify that deployed staff are not designated as "ineligible" by TJJD.
  • Indemnification: Add specific indemnification provisions protecting your facility from liability if a vendor supplies an individual deemed ineligible by TJJD.
  • Employment Agreements: Update "Termination for Cause" definitions to include conduct resulting in TJJD ineligibility or temporary suspension.

Hiring/Training

  • Expanded Screening: Pre-employment background checks must now verify that *any* applicant (not just certified officers) is not on the TJJD permanent ineligibility list.
  • "Imminent Threat" Protocol: Train HR and site supervisors on immediate removal procedures. If TJJD convenes an emergency panel and issues a temporary ineligibility order, you must have a mechanism to remove that individual from the floor immediately.

Reporting & Record-Keeping

  • Evidence Preservation: You must retain internal investigation files, witness statements, and disciplinary records indefinitely for any termination involving misconduct. These records will be primary evidence if a former employee appeals their ineligibility at the State Office of Administrative Hearings (SOAH).
  • Notification Logs: Maintain a secure log of all eligibility status notifications received from TJJD to demonstrate due diligence in compliance.

Fees & Costs

  • No New State Fees: There are no direct filing fees associated with this bill.
  • Insurance Impact: Review Employment Practices Liability Insurance (EPLI). Expect potential premium adjustments due to increased exposure to defamation or wrongful termination suits arising from reporting misconduct to TJJD.

Strategic Ambiguities & Considerations

  • "Unsuitability" Standard: The statute allows ineligibility if conduct "demonstrates the individual is not suitable." This is legally vague. Watch for TJJD rulemaking to define specific offenses or behavioral thresholds that constitute unsuitability.
  • Notification Mechanics: The bill does not specify *how* or *how quickly* an employer is notified if a current employee is temporarily suspended by a telephonic panel.
  • Telephonic Panel Procedures: The due process protections during the "imminent threat" emergency panel are currently undefined.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 19, 2025
Passed Senate
Apr 10, 2025
Passed House
Apr 29, 2025
Signed
May 19, 2025
Effective
Sep 1, 2025
TopicsFamilyFamily--juvenile DelinquencyJuvenile Boards & OfficersJuvenile Justice Department, TexasOccupational RegulationOccupational Regulation--other Trades & Professions
03

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. Candy NobleRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1437

Q

What does Texas SB1437 do?

SB1437 significantly expands the Texas Juvenile Justice Department's (TJJD) regulatory reach, allowing the agency to declare individuals permanently ineligible for future certification based on misconduct, even if they do not currently hold a certification. This effectively creates a statutory "do not hire" mechanism that applies to employees, contractors, and volunteers across the juvenile justice system, requiring immediate updates to vetting and termination protocols.

Q

Who authored SB1437?

SB1437 was authored by Texas Senator Paul Bettencourt during the Regular Session.

Q

When was SB1437 signed into law?

SB1437 was signed into law by Governor Greg Abbott on May 19, 2025.

Q

Which agencies enforce SB1437?

SB1437 is enforced by State Office of Administrative Hearings (SOAH) and Texas Juvenile Justice Department (TJJD).

Q

How significant are the changes in SB1437?

The regulatory priority for SB1437 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1437?

The cost impact of SB1437 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1437 address?

SB1437 addresses topics including family, family--juvenile delinquency, juvenile boards & officers, juvenile justice department, texas and occupational regulation.

Q

What are the key dates for SB1437?

Key dates for SB1437: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1437?

SB1437 establishes the following penalties: Administrative Sanction penalty of Permanent Ineligibility for Certification for Engaging in conduct that violates Chapter 222 or TJJD rules, demonstrates unsuitability, or threatens juveniles while employed by, under contract with, or volunteering for a juvenile facility or department.; Administrative Sanction penalty of Temporary Ineligibility (Immediate) for Panel determination that the individual's continued eligibility poses an imminent threat to juveniles (pending SOAH hearing).. Consult with legal counsel for specific applicability to your situation.

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JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026