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A BILL TO BE ENTITLED
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AN ACT
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relating to national criminal history reviews of a member of a board |
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of trustees of an independent school district; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Sections 11.0561 and 11.067 to read as follows: |
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Sec. 11.0561. NATIONAL CRIMINAL HISTORY RECORD INFORMATION |
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REVIEW OF MEMBER OF BOARD OF TRUSTEES. (a) In this section, |
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"national criminal history record information" has the meaning |
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assigned by Section 22.081. |
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(b) A member of a board of trustees of a school district must |
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submit to a national criminal history record information review |
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under this section. |
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(c) A school district shall send, or ensure that each member |
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of the board of trustees sends, to the Department of Public Safety |
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information that is required by the department for obtaining |
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national criminal history record information, which may include |
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fingerprints and photographs. |
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(d) The department shall obtain the member's national |
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criminal history record information and report the results through |
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the criminal history clearinghouse as provided by Section 411.0845, |
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Government Code. |
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(e) Each school district shall obtain all criminal history |
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record information of each person serving as a member of the board |
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of trustees of the district through the criminal history |
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clearinghouse as provided by Section 411.0845, Government Code, to |
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confirm the person's eligibility for office under Sections 11.061 |
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and 11.066 and to determine whether the person is prohibited from |
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engaging in certain conduct under Section 11.067. Notwithstanding |
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Section 411.097(d), Government Code, a district shall maintain a |
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record of information received under this section. |
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(f) A school district shall submit all criminal history |
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record information obtained under Subsection (e) to the agency. The |
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agency shall maintain a record of all information received under |
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this subsection. |
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(g) A school district may require a person submitting to a |
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national criminal history record information review under this |
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section to pay a fee related to obtaining criminal history record |
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information under this section. |
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(h) The commissioner may adopt rules to implement this |
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section, including rules establishing deadlines after election for |
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a school district to require a member of a board of trustees to |
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submit fingerprints and photographs in compliance with this |
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section. |
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(i) The agency, a school district, or an employee of the |
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district's board is not civilly or criminally liable for making or |
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receiving a report required under this section. |
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Sec. 11.067. CERTAIN CONDUCT PROHIBITED BY TRUSTEE |
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CONVICTED OF CERTAIN OFFENSES. (a) This section applies to: |
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(1) an offense punishable as a misdemeanor under the |
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following provisions of the Penal Code: |
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(A) Section 20.02 (unlawful restraint); |
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(B) Section 21.07 (public lewdness); |
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(C) Section 21.08 (indecent exposure); |
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(D) Section 22.01(a)(1) (assault); |
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(E) Section 22.012 (indecent assault); |
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(F) Section 22.05 (deadly conduct); |
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(G) Section 25.04 (enticing a child); |
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(H) Section 25.07 (violation of certain court |
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orders or conditions of bond in a family violence, child abuse or |
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neglect, sexual assault or abuse, indecent assault, stalking, or |
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trafficking case); |
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(I) Section 43.22 (obscene display or |
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distribution); |
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(J) Section 43.23 (obscenity); |
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(K) Section 43.24 (sale, distribution, or |
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display of harmful material to minor); and |
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(L) Section 43.261 (electronic transmission of |
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certain visual material depicting minor); |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1); and |
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(3) an offense involving family violence, as defined |
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by Section 71.004, Family Code. |
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(b) A member of the board of trustees of a school district |
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who has been convicted of an offense to which this section applies |
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may not, while engaged in official duties as a member of the board |
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of trustees, enter a campus of the district or attend an activity |
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sponsored or sanctioned by the district. |
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SECTION 2. Section 411.097, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A school district is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that the district is required or authorized to obtain |
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under Section 11.0561, Education Code, that relates to a member of |
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the district's board of trustees. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |