1-1 By: Ogden (Senate Sponsor - Zaffirini) H.B. No. 1467 1-2 (In the Senate - Received from the House April 22, 1993; 1-3 April 26, 1993, read first time and referred to Committee on 1-4 Education; May 6, 1993, reported favorably by the following vote: 1-5 Yeas 10, Nays 0; May 6, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Ratliff x 1-9 Haley x 1-10 Barrientos x 1-11 Bivins x 1-12 Harris of Tarrant x 1-13 Luna x 1-14 Montford x 1-15 Shapiro x 1-16 Sibley x 1-17 Turner x 1-18 Zaffirini x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the authority of a private school to obtain criminal 1-22 history record information on employees and applicants for 1-23 employment; providing a penalty. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Title 1, Education Code, is amended by adding 1-26 Chapter 5 to read as follows: 1-27 CHAPTER 5. PRIVATE SCHOOLS 1-28 Sec. 5.001. DEFINITION. In this chapter, "private school" 1-29 means a school that: 1-30 (1) offers a course of instruction for students in one 1-31 or more grades from prekindergarten through grade 12; and 1-32 (2) is not operated by a governmental entity. 1-33 Sec. 5.002. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION ON 1-34 EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (a) A private school is 1-35 entitled to obtain criminal history record information on: 1-36 (1) an employee of the private school; or 1-37 (2) an applicant for employment with the private 1-38 school who is a final candidate for a position to be filled. 1-39 (b) A private school may obtain information under this 1-40 section from the Department of Public Safety, the Texas Department 1-41 of Criminal Justice, the Federal Bureau of Investigation 1-42 identification division, or any other law enforcement agency. A 1-43 law enforcement agency that receives a request for information 1-44 under this section shall comply with the request as promptly as 1-45 possible. A law enforcement agency may charge the private school 1-46 the same amount authorized by law to be charged a public school 1-47 district that requests that information. 1-48 (c) A private school shall notify the commissioner of 1-49 education of an employee's or applicant's conviction of any felony 1-50 or of a misdemeanor involving a child disclosed in information 1-51 received under this section if the employee or applicant holds a 1-52 teaching certificate issued under Subchapter B, Chapter 13, of this 1-53 code. 1-54 (d) Criminal history record information obtained under this 1-55 section is privileged information and is for the use of the private 1-56 school and the Central Education Agency only. A person commits an 1-57 offense if the person releases or discloses the information to any 1-58 person other than the subject of the report or the Central 1-59 Education Agency. An offense under this subsection is a Class A 1-60 misdemeanor. 1-61 SECTION 2. This Act takes effect September 1, 1993. 1-62 SECTION 3. The importance of this legislation and the 1-63 crowded condition of the calendars in both houses create an 1-64 emergency and an imperative public necessity that the 1-65 constitutional rule requiring bills to be read on three several 1-66 days in each house be suspended, and this rule is hereby suspended. 1-67 * * * * * 1-68 Austin, 2-1 Texas 2-2 May 6, 1993 2-3 Hon. Bob Bullock 2-4 President of the Senate 2-5 Sir: 2-6 We, your Committee on Education to which was referred H.B. 2-7 No. 1467, have had the same under consideration, and I am 2-8 instructed to report it back to the Senate with the recommendation 2-9 that it do pass and be printed. 2-10 Ratliff, 2-11 Chairman 2-12 * * * * * 2-13 WITNESSES 2-14 FOR AGAINST ON 2-15 ___________________________________________________________________ 2-16 Name: Richard Daly x 2-17 Representing: Texas Catholic Conference 2-18 City: Austin 2-19 ------------------------------------------------------------------- 2-20 Name: Sandy Kibby x 2-21 Representing: Texas PTA 2-22 City: Austin 2-23 ------------------------------------------------------------------- 2-24 Name: George Solana x 2-25 Representing: Texas Catholic Conference 2-26 City: Austin 2-27 -------------------------------------------------------------------