By Shapiro S.B. No. 1053
74R3020 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history checks conducted for public and
1-3 private schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.917, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 21.917. ACCESS TO POLICE RECORDS OF EMPLOYMENT
1-8 APPLICANTS AND VOLUNTEERS. (a) Except as provided by Subsection
1-9 (b), a <A> school district shall obtain criminal history record
1-10 information from the Department of Public Safety and the Federal
1-11 Bureau of Investigation identification division that relates to:
1-12 (1) an applicant to whom an offer of employment is
1-13 being considered by the district; or
1-14 (2) a volunteer providing services to the district.
1-15 (b) A district is not required to obtain information under
1-16 this section relating to an applicant, but may do so, if the
1-17 applicant was initially certified by the State Board of Education
1-18 in the year preceding the date of the application.
1-19 (d) A school district may discharge an employee if the
1-20 district obtains information of the employee's conviction for a
1-21 felony, or an offense involving moral turpitude, that the employee
1-22 did not disclose to the district.
1-23 (e) A school district shall notify the commissioner of
1-24 education of a certified applicant's conviction of any felony or of
2-1 a misdemeanor involving illegal conduct with a child disclosed in
2-2 information obtained under this section. The commissioner shall
2-3 review each report received under this section and, if appropriate,
2-4 shall take the required action to cancel or suspend the certificate
2-5 of the employee who is the subject of the report.
2-6 (g) A school district or an employee of the school district
2-7 is not civilly or criminally liable for making a report required
2-8 under this section.
2-9 (h)(1) A school district shall also obtain criminal history
2-10 record information from the Department of Public Safety and the
2-11 Federal Bureau of Investigation identification division that
2-12 relates to an employee of or an applicant to whom an offer of
2-13 employment is being considered by a public or commercial
2-14 transportation company if the company contracts with a school
2-15 district to provide transportation services and the employee or
2-16 applicant is retained to or is applying for a position to drive a
2-17 bus in which students of that district are transported, provided
2-18 that:
2-19 (A) in the case of criminal history record
2-20 information for such employees or applicants of a commercial
2-21 transportation company, the company shall submit the names of such
2-22 employees and applicants to the district together with the other
2-23 identification data required to obtain criminal history
2-24 information; if the school district obtains information that an
2-25 employee or applicant has been convicted of a felony or an offense
2-26 involving moral turpitude, the district shall inform the company's
2-27 chief personnel officer of the person's name, and the company may
3-1 not employ the person to drive a bus in which the students are
3-2 transported; and
3-3 (B) in the case of criminal history record
3-4 information for such employees or applicants of a public
3-5 transportation company, the company shall make the names of such
3-6 employees and applicants available to the district together with
3-7 the other identification data required to obtain criminal history
3-8 information; if the company obtains information that an employee or
3-9 applicant has been convicted of a felony or an offense involving
3-10 moral turpitude, the company may not employ the person to drive a
3-11 bus in which the students are transported.
3-12 (2) The company and its employees shall hold the
3-13 information in confidence for the limited purpose for which it was
3-14 provided.
3-15 (i) In this section, "volunteer" means a person who provides
3-16 services on or off school premises and who does not receive
3-17 compensation in excess of reimbursement for expenses.
3-18 SECTION 2. Section 5.002, Education Code, is amended by
3-19 amending Subsections (a) and (b) and adding Subsection (e) to read
3-20 as follows:
3-21 (a) A private school is entitled to obtain criminal history
3-22 record information on:
3-23 (1) an employee of the private school; <or>
3-24 (2) an applicant for employment with the private
3-25 school who is a final candidate for a position to be filled; or
3-26 (3) a volunteer providing services to the private
3-27 school.
4-1 (b) A private school may obtain information under this
4-2 section from the Department of Public Safety, the Texas Department
4-3 of Criminal Justice, the Federal Bureau of Investigation
4-4 identification division, or any other law enforcement agency. A
4-5 state law enforcement agency that receives a request for
4-6 information under this section shall, not later than the fifth
4-7 business day after receipt of the request, provide information in
4-8 its possession to the school and, if applicable, request release of
4-9 information possessed by another entity <comply with the request as
4-10 promptly as possible>. A law enforcement agency may charge the
4-11 private school the same amount authorized by law to be charged a
4-12 public school district that requests that information.
4-13 (e) In this section, "volunteer" has the meaning assigned by
4-14 Section 21.917.
4-15 SECTION 3. Section 411.097, Government Code, is amended to
4-16 read as follows:
4-17 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
4-18 SCHOOL DISTRICT. (a) In this section, "school district" means any
4-19 public school district in this state.
4-20 (b)(1) A school district is entitled to obtain from the
4-21 department criminal history record information maintained by the
4-22 department that the district is required or authorized to obtain
4-23 under Section 21.917, Education Code, that relates to a person who
4-24 is:
4-25 (A) an applicant for employment by the district;
4-26 <or>
4-27 (B) an employee of or an applicant for
5-1 employment with a public or commercial transportation company that
5-2 contracts with the district to provide transportation services if
5-3 the employee drives or the applicant will drive a bus in which
5-4 students of the district are transported; or
5-5 (C) a volunteer providing services to the
5-6 district.
5-7 (2) A school district is entitled to obtain from the
5-8 department, no more than twice each year, criminal history record
5-9 information maintained by the department that the district is
5-10 required or authorized to obtain under Section 21.917, Education
5-11 Code, that relates to a person who is a current employee of the
5-12 school district.
5-13 (c) Criminal history record information obtained by a school
5-14 district under Subsection (b) may not be released or disclosed to
5-15 any person, other than the individual who is the subject of the
5-16 information, the Central Education Agency, or a person specified in
5-17 Section 21.917(h), Education Code.
5-18 (d) The department shall, not later than the fifth business
5-19 day after receipt of a request for criminal history record
5-20 information from a school district, provide information in its
5-21 possession to the district and request information possessed by
5-22 another entity.
5-23 (e) In this section, "volunteer" has the meaning assigned by
5-24 Section 21.917, Education Code.
5-25 SECTION 4. Section 411.0975, Government Code, is amended to
5-26 read as follows:
5-27 Sec. 411.0975. Access to Criminal History Record
6-1 Information: Private Schools. (a) In this section, "private
6-2 school" means a school that:
6-3 (1) offers a course of instruction for students in one
6-4 or more grades from prekindergarten through grade 12; and
6-5 (2) is not operated by a government entity.
6-6 (b) A private school is entitled to obtain from the
6-7 department criminal history record information maintained by the
6-8 department that a school district is required or authorized <to
6-9 authorize> to obtain under Section 21.917, Education Code, that
6-10 relates to a person who is:
6-11 (1) an employee of the private school;
6-12 (2) an applicant for employment by the private school;
6-13 <or>
6-14 (3) an employee of or an applicant for employment with
6-15 a public or commercial transportation company that contracts with
6-16 the private school to provide transportation services if the
6-17 employee drives or the applicant will drive a bus in which students
6-18 of the private school are transported; or
6-19 (4) a volunteer providing services to the private
6-20 school.
6-21 (c) Criminal history record information obtained by a
6-22 private school under Subsection (b) may not be released or
6-23 disclosed to any person, other than the individual who is the
6-24 subject of the information, the Central Education Agency, or a
6-25 person specified in Section 21.917(h), Education Code.
6-26 (d) In this section, "volunteer" has the meaning assigned by
6-27 Section 21.917, Education Code.
7-1 SECTION 5. This Act takes effect September 1, 1995.
7-2 SECTION 6. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.