By: Barrientos S.B. No. 1394 73R8495 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to criminal history information concerning an applicant 1-3 for employment with a private elementary school; providing a 1-4 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 3 to read as follows: 1-8 CHAPTER 3. PROVISIONS RELATING TO PRIVATE SCHOOLS 1-9 Sec. 3.001. CRIMINAL HISTORY INFORMATION OBTAINED BY PRIVATE 1-10 ELEMENTARY SCHOOL. (a) In this section, "private elementary 1-11 school" means a school that teaches students in one or more grade 1-12 levels, including kindergarten through the fifth grade level, and 1-13 that receives a majority of its funding from a source other than 1-14 public funds. 1-15 (b) A private elementary school shall obtain criminal 1-16 history record information that relates to an applicant to whom an 1-17 offer of employment is being considered by the school. A school is 1-18 not required to obtain information under this section, but may do 1-19 so, if the applicant was initially certified by the State Board of 1-20 Education in the year preceding the date of the application. 1-21 (c) A school may obtain information under this section from 1-22 any law enforcement agency, including a police department or the 1-23 Department of Public Safety, or from the institutional division of 1-24 the Texas Department of Criminal Justice. A law enforcement agency 2-1 that receives a request from a school for information under this 2-2 section shall furnish the information to the school as promptly as 2-3 possible. 2-4 (d) A school may use information obtained under this section 2-5 as provided by this section. 2-6 (e) A school may discharge an employee if the school obtains 2-7 information of the employee's conviction for a felony or an offense 2-8 involving moral turpitude that the employee did not disclose to the 2-9 school. 2-10 (f) A school shall notify the commissioner of education of a 2-11 certified applicant's conviction of any felony or of a misdemeanor 2-12 involving illegal conduct with a child disclosed in information 2-13 obtained under this section. The commissioner shall review each 2-14 report received under this section and, if appropriate, shall take 2-15 the required action to cancel or suspend the certificate of the 2-16 employee who is the subject of the report. 2-17 (g) Criminal history record information obtained under this 2-18 section is privileged information and is for the use of the school 2-19 and the Central Education Agency only. A person commits an offense 2-20 if the person releases or discloses the information to any person 2-21 other than to the subject of the report, the Central Education 2-22 Agency, or the chief personnel officer of a public or commercial 2-23 transportation company as provided by Subsection (i) of this 2-24 section. An offense under this section is a Class A misdemeanor. 2-25 (h) A school or an employee of the school is not 2-26 civilly or criminally liable for making a report required under 2-27 this section. 3-1 (i) A school also shall obtain criminal history record 3-2 information that relates to an employee of or an applicant to whom 3-3 an offer of employment is being considered by a public or 3-4 commercial transportation company if the company contracts with the 3-5 school to provide transportation services and the employee or 3-6 applicant is retained to or is applying for a position to drive a 3-7 bus in which students of that school are transported. In the case 3-8 of criminal history record information for an employee or applicant 3-9 of a commercial transportation company, the company shall submit 3-10 the name of the employee or applicant to the school together with 3-11 the other identification data required to obtain criminal history 3-12 information. If the school obtains information that an employee or 3-13 applicant has been convicted of a felony or an offense involving 3-14 moral turpitude, the school shall inform the company's chief 3-15 personnel officer of the person's name, and the company may not 3-16 employ the person to drive a bus in which the students are 3-17 transported. In the case of criminal history record information 3-18 for an employee or applicant of a public transportation company, 3-19 the company shall make the name of the employee or applicant 3-20 available to the school together with the other identification data 3-21 required to obtain criminal history information. If the company 3-22 obtains information that an employee or applicant has been 3-23 convicted of a felony or an offense involving moral turpitude, the 3-24 company may not employ the person to drive a bus in which the 3-25 students are transported. A public or commercial transportation 3-26 company and its employees shall hold information under this 3-27 subsection in confidence for the limited purpose for which it was 4-1 provided. 4-2 SECTION 2. This Act takes effect September 1, 1993. 4-3 SECTION 3. The importance of this legislation and the 4-4 crowded condition of the calendars in both houses create an 4-5 emergency and an imperative public necessity that the 4-6 constitutional rule requiring bills to be read on three several 4-7 days in each house be suspended, and this rule is hereby suspended. 4-8 () Section , Health and Safety Code ();