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.