By Combs H.B. No. 275
74R1951 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal background checks of public school employees
1-3 and applicants for employment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.917, Education Code, is amended by
1-6 amending Subsections (a) and (e) and adding Subsection (b) to read
1-7 as follows:
1-8 (a) A school district shall obtain criminal history record
1-9 information that relates to an applicant to whom an offer of
1-10 employment is being considered by the district. <A district is not
1-11 required to obtain information under this section, but may do so,
1-12 if the applicant was initially certified by the State Board of
1-13 Education in the year preceding the date of the application.>
1-14 (b) A school district shall obtain criminal history record
1-15 information that relates to each employee of the district at least
1-16 once every five years. In obtaining the information required by
1-17 this subsection, a district is not required to obtain information
1-18 that relates to an employee hired by the district within the
1-19 previous 12 months.
1-20 (e) A school district shall notify the commissioner of
1-21 education of a certified applicant's or certified employee's
1-22 conviction of any felony or of a misdemeanor involving illegal
1-23 conduct with a child disclosed in information obtained under this
1-24 section. The commissioner shall review each report received under
2-1 this section and, if appropriate, shall take the required action to
2-2 cancel or suspend the certificate of the applicant or employee who
2-3 is the subject of the report.
2-4 SECTION 2. The heading to Section 21.917, Education Code, is
2-5 amended to read as follows:
2-6 Sec. 21.917. ACCESS TO POLICE RECORDS OF EMPLOYMENT
2-7 APPLICANTS AND EMPLOYEES.
2-8 SECTION 3. Section 411.097(b), Government Code, is amended
2-9 to read as follows:
2-10 (b)(1) A school district is entitled to obtain from the
2-11 department criminal history record information maintained by the
2-12 department that the district is required <or authorized> to obtain
2-13 under Section 21.917, Education Code, that relates to a person who
2-14 is:
2-15 (A) an applicant for employment by the district;
2-16 or
2-17 (B) an employee of or an applicant for
2-18 employment with a public or commercial transportation company that
2-19 contracts with the district to provide transportation services if
2-20 the employee drives or the applicant will drive a bus in which
2-21 students of the district are transported.
2-22 (2) A school district is entitled to obtain from the
2-23 department, no more than twice each year, criminal history record
2-24 information maintained by the department that the district is
2-25 required <or authorized> to obtain under Section 21.917, Education
2-26 Code, that relates to a person who is a current employee of the
2-27 school district.
3-1 SECTION 4. (a) This Act applies beginning with the
3-2 1995-1996 school year.
3-3 (b) Notwithstanding Section 21.917(b), Education Code, as
3-4 added by this Act, during the 1995-1996 school year each district
3-5 shall obtain criminal history record information relating to each
3-6 employee of the district, including those employees hired within
3-7 the previous 12 months.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.