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.