By Moffat                                             H.B. No. 1967
       74R7036 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting school districts from employing persons or
    1-3  contracting with certain persons who employ persons convicted of a
    1-4  felony or an offense involving moral turpitude.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 21.917, Education Code, is amended by
    1-7  adding Subsection (b) and amending Subsection (d) to read as
    1-8  follows:
    1-9        (b)  A school district may not hire a person who has been
   1-10  convicted of a felony or an offense involving moral turpitude.
   1-11        (d)  A school district shall <may> discharge an employee if
   1-12  the district obtains information of the employee's conviction for a
   1-13  felony<,> or an offense involving moral turpitude<, that the
   1-14  employee did not disclose to the district>.
   1-15        SECTION 2.  Subchapter Z, Chapter 21, Education Code, is
   1-16  amended by adding Section 21.940 to read as follows:
   1-17        Sec. 21.940.  CONTRACTS INVOLVING WORKERS IN PROXIMITY TO
   1-18  STUDENTS.  (a)  A person who enters into a contract with a school
   1-19  district must certify that the person will not permit an individual
   1-20  convicted of a felony or an offense involving moral turpitude to
   1-21  provide a service under the contract that places the individual in
   1-22  proximity to district students.
   1-23        (b)  A school district may not enter into a contract with a
   1-24  person unless the person complies with Subsection (a).
    2-1        (c)  A school district must terminate a contract with a
    2-2  person if the district determines that the person has permitted an
    2-3  individual convicted of a felony or an offense involving moral
    2-4  turpitude to provide a service under the contract that places the
    2-5  individual in proximity to district students.  The district must
    2-6  compensate the person for services performed before the termination
    2-7  of the contract.
    2-8        SECTION 3.  This Act takes effect September 1, 1995.
    2-9        SECTION 4.  Section 21.940, Education Code, as added by this
   2-10  Act, does not apply to a contract entered into before the effective
   2-11  date of this Act.
   2-12        SECTION 5.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.