73R6018 ESH-F
          By Ogden                                              H.B. No. 1467
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a private school to obtain criminal
    1-3  history record information on employees and applicants for
    1-4  employment; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 1, Education Code, is amended by adding
    1-7  Chapter 5 to read as follows:
    1-8                      CHAPTER 5.  PRIVATE SCHOOLS
    1-9        Sec. 5.001.  DEFINITION.  In this chapter, "private school"
   1-10  means a school that:
   1-11              (1)  offers a course of instruction for students in one
   1-12  or more grades from prekindergarten through grade 12; and
   1-13              (2)  is not operated by a governmental entity.
   1-14        Sec. 5.002.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION ON
   1-15  EMPLOYEES AND APPLICANTS FOR EMPLOYMENT.  (a)  A private school is
   1-16  entitled to obtain criminal history record information on:
   1-17              (1)  an employee of the private school; or
   1-18              (2)  an applicant for employment with the private
   1-19  school who is a final candidate for a position to be filled.
   1-20        (b)  A private school may obtain information under this
   1-21  section from the Department of Public Safety, the Texas Department
   1-22  of Criminal Justice, the Federal Bureau of Investigation
   1-23  identification division, or any other law enforcement agency.  A
   1-24  law enforcement agency that receives a request for information
    2-1  under this section shall comply with the request as promptly as
    2-2  possible.  A law enforcement agency may charge the private school
    2-3  the same amount authorized by law to be charged a public school
    2-4  district that requests that information.
    2-5        (c)  A private school shall notify the commissioner of
    2-6  education of an employee's or applicant's conviction of any felony
    2-7  or of a misdemeanor involving a child disclosed in information
    2-8  received under this section if the employee or applicant holds a
    2-9  teaching certificate issued under Subchapter B, Chapter 13, of this
   2-10  code.
   2-11        (d)  Criminal history record information obtained under this
   2-12  section is privileged information and is for the use of the private
   2-13  school and the Central Education Agency only.  A person commits an
   2-14  offense if the person releases or discloses the information to any
   2-15  person other than the subject of the report or the Central
   2-16  Education Agency.  An offense under this subsection is a Class A
   2-17  misdemeanor.
   2-18        SECTION 2.  This Act takes effect September 1, 1993.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.