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 -------------------------------------------------------------------