By Howard H.B. No. 469
75R1512 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to review of criminal history records of public school
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.013(b), Education Code, is amended to
1-6 read as follows:
1-7 (b) A home-rule school district is subject to:
1-8 (1) a provision of this title establishing a criminal
1-9 offense;
1-10 (2) a provision of this title relating to limitations
1-11 on liability; and
1-12 (3) a prohibition, restriction, or requirement, as
1-13 applicable, imposed by this title or a rule adopted under this
1-14 title, relating to:
1-15 (A) the Public Education Information Management
1-16 System (PEIMS) to the extent necessary to monitor compliance with
1-17 this subchapter as determined by the commissioner;
1-18 (B) educator certification under Chapter 21 and
1-19 educator rights under Sections 21.407, 21.408, and 22.001;
1-20 (C) criminal history records under Subchapter C,
1-21 Chapter 22, excluding Section 22.083(a);
1-22 (D) student admissions under Section 25.001;
1-23 (E) school attendance under Sections 25.085,
1-24 25.086, and 25.087;
2-1 (F) inter-district or inter-county transfers of
2-2 students under Subchapter B, Chapter 25;
2-3 (G) elementary class size limits under Section
2-4 25.112, in the case of any campus in the district that is
2-5 considered low-performing under Section 39.131(b);
2-6 (H) high school graduation under Section 28.025;
2-7 (I) special education programs under Subchapter
2-8 A, Chapter 29;
2-9 (J) bilingual education under Subchapter B,
2-10 Chapter 29;
2-11 (K) prekindergarten programs under Subchapter E,
2-12 Chapter 29;
2-13 (L) safety provisions relating to the
2-14 transportation of students under Sections 34.002, 34.003, 34.004,
2-15 and 34.008;
2-16 (M) computation and distribution of state aid
2-17 under Chapters 31, 42, and 43;
2-18 (N) extracurricular activities under Section
2-19 33.081;
2-20 (O) health and safety under Chapter 38;
2-21 (P) public school accountability under
2-22 Subchapters B, C, D, and G, Chapter 39;
2-23 (Q) equalized wealth under Chapter 41;
2-24 (R) a bond or other obligation or tax rate under
2-25 Chapters 42, 43, and 45; and
2-26 (S) purchasing under Chapter 44.
2-27 SECTION 2. Section 22.083, Education Code, is amended to
3-1 read as follows:
3-2 Sec. 22.083. Access to Criminal History Records by Local and
3-3 Regional Education Authorities. (a) A school district shall
3-4 obtain from any law enforcement or criminal justice agency all
3-5 criminal history record information that relates to a person the
3-6 district intends to employ in any capacity, unless the person was
3-7 initially certified by the State Board for Educator Certification
3-8 in the year preceding the initial date of prospective employment.
3-9 (b) A school district, open-enrollment charter school,
3-10 private school, regional education service center, or shared
3-11 services arrangement may obtain from any law enforcement or
3-12 criminal justice agency all criminal history record information
3-13 that relates to a person:
3-14 (1) whom the district, school, service center, or
3-15 shared services arrangement intends to employ in any capacity; or
3-16 (2) who has indicated, in writing, an intention to
3-17 serve as a volunteer with the district, school, service center, or
3-18 shared services arrangement.
3-19 (c) [(b)] A school district, open-enrollment charter school,
3-20 private school, regional education service center, or shared
3-21 services arrangement may obtain from any law enforcement or
3-22 criminal justice agency all criminal history record information
3-23 that relates to:
3-24 (1) a volunteer or employee of the district, school,
3-25 service center, or shared services arrangement; or
3-26 (2) an employee of or applicant for employment by a
3-27 person that contracts with the district, school, service center, or
4-1 shared services arrangement to provide services, if:
4-2 (A) the employee or applicant has or will have
4-3 continuing duties related to the contracted services; and
4-4 (B) the duties are or will be performed on
4-5 school property or at another location where students are regularly
4-6 present.
4-7 (d) [(c)] The superintendent of a district or the director
4-8 of an open-enrollment charter school, private school, regional
4-9 education service center, or shared services arrangement shall
4-10 promptly notify the State Board for Educator Certification in
4-11 writing if the person obtains or has knowledge of information
4-12 showing that an applicant for or holder of a certificate issued
4-13 under Subchapter B, Chapter 21, has a reported criminal history.
4-14 SECTION 3. (a) Beginning September 1, 1997, a school
4-15 district, other than a home-rule school district, shall obtain, in
4-16 compliance with Section 22.083(a), Education Code, as amended by
4-17 this Act, criminal history record information relating to each
4-18 person the district intends to employ in any capacity.
4-19 (b) Not later than January 1, 1998, a school district, other
4-20 than a home-rule school district, shall obtain criminal history
4-21 record information relating to each person initially employed by
4-22 the district on or after May 15, 1995, and before September 1,
4-23 1997. This subsection does not require a district to obtain:
4-24 (1) criminal history record information relating to a
4-25 person who will not be employed by the district after January 1,
4-26 1998; or
4-27 (2) updated criminal history record information
5-1 relating to a person if the district obtained information at the
5-2 time the person was initially employed and the person has been
5-3 continuously employed by the district.
5-4 SECTION 4. This Act takes effect September 1, 1997.
5-5 SECTION 5. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.