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.