By Gray H.B. No. 2031
75R6904 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to review of criminal history records of persons seeking
1-3 educator certification or employment in a public school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.082, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
1-8 BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
1-9 Educator Certification shall obtain from the Federal Bureau of
1-10 Investigation and any other law enforcement or criminal justice
1-11 agency, as necessary, all national and state criminal history
1-12 record information that relates to an applicant for or holder of a
1-13 certificate issued under Subchapter B, Chapter 21.
1-14 (b) The board may collect a fee from the person whose
1-15 criminal history record information is obtained. The amount of the
1-16 fee may not exceed the cost to the board of obtaining that
1-17 information.
1-18 SECTION 2. Section 22.083, Education Code, is amended to
1-19 read as follows:
1-20 Sec. 22.083. Access to Criminal History Records by Local and
1-21 Regional Education Authorities. (a) A school district shall
1-22 obtain from the Federal Bureau of Investigation and any other law
1-23 enforcement or criminal justice agency, as necessary, all national
1-24 and state criminal history record information that relates to a
2-1 person the district intends to employ in any capacity, unless the
2-2 person was initially certified by the State Board for Educator
2-3 Certification in the year preceding the initial date of prospective
2-4 employment.
2-5 (b) A school district, open-enrollment charter school,
2-6 private school, regional education service center, or shared
2-7 services arrangement may obtain from any law enforcement or
2-8 criminal justice agency all criminal history record information
2-9 that relates to a person:
2-10 (1) whom the district, school, service center, or
2-11 shared services arrangement intends to employ in any capacity; or
2-12 (2) who has indicated, in writing, an intention to
2-13 serve as a volunteer with the district, school, service center, or
2-14 shared services arrangement.
2-15 (c) [(b)] A school district, open-enrollment charter school,
2-16 private school, regional education service center, or shared
2-17 services arrangement may obtain from any law enforcement or
2-18 criminal justice agency all criminal history record information
2-19 that relates to:
2-20 (1) a volunteer or employee of the district, school,
2-21 service center, or shared services arrangement; or
2-22 (2) an employee of or applicant for employment by a
2-23 person that contracts with the district, school, service center, or
2-24 shared services arrangement to provide services, if:
2-25 (A) the employee or applicant has or will have
2-26 continuing duties related to the contracted services; and
2-27 (B) the duties are or will be performed on
3-1 school property or at another location where students are regularly
3-2 present.
3-3 (d) [(c)] The superintendent of a district or the director
3-4 of an open-enrollment charter school, private school, regional
3-5 education service center, or shared services arrangement shall
3-6 promptly notify the State Board for Educator Certification in
3-7 writing if the person obtains or has knowledge of information
3-8 showing that an applicant for or holder of a certificate issued
3-9 under Subchapter B, Chapter 21, has a reported criminal history.
3-10 (e) A school district may collect a fee from the person
3-11 whose criminal history record information is obtained. The amount
3-12 of the fee may not exceed the cost to the district of obtaining
3-13 that information.
3-14 SECTION 3. Beginning September 1, 1997, the State Board for
3-15 Educator Certification shall obtain, in compliance with Section
3-16 22.082(a), Education Code, as amended by this Act, national and
3-17 state criminal history record information relating to each person
3-18 who submits an application for a certificate issued under
3-19 Subchapter B, Chapter 21, Education Code, on or after that date.
3-20 SECTION 4. (a) Beginning September 1, 1997, a school
3-21 district shall obtain, in compliance with Section 22.083(a),
3-22 Education Code, as amended by this Act, national and state criminal
3-23 history record information relating to each person the district
3-24 intends to employ in any capacity.
3-25 (b) Not later than January 1, 1998, a school district shall
3-26 obtain national and state criminal history record information
3-27 relating to each person initially employed by the district on or
4-1 after May 15, 1995, and before September 1, 1997. This subsection
4-2 does not require a district to obtain:
4-3 (1) criminal history record information relating to a
4-4 person who will not be employed by the district after January 1,
4-5 1998; or
4-6 (2) updated criminal history record information
4-7 relating to a person if the district obtained information at the
4-8 time the person was initially employed and the person has been
4-9 continuously employed by the district.
4-10 SECTION 5. This Act takes effect September 1, 1997.
4-11 SECTION 6. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.