By Hawley H.B. No. 3249
75R12760 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school buses; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.084, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL
1-7 BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided
1-8 by Subsections (c) and (d), a [A] school district, open-enrollment
1-9 charter school, private school, regional education service center,
1-10 or shared services arrangement that contracts with a person for
1-11 transportation services shall obtain from any law enforcement or
1-12 criminal justice agency all criminal history record information
1-13 that relates to:
1-14 (1) a person employed by the person as a bus driver;
1-15 or
1-16 (2) a person the person intends to employ as a bus
1-17 driver.
1-18 (b) Except as provided by Subsections (c) and (d), a [A]
1-19 person that contracts with a school district, open-enrollment
1-20 charter school, private school, regional education service center,
1-21 or shared services arrangement to provide transportation services
1-22 shall submit to the district, school, service center, or shared
1-23 services arrangement the name and other identification data
1-24 required to obtain criminal history record information of each
2-1 person described by Subsection (a). If the district, school,
2-2 service center, or shared services arrangement obtains information
2-3 that a person described by Subsection (a) has been convicted of a
2-4 felony or a misdemeanor involving moral turpitude, the district,
2-5 school, service center, or shared services arrangement shall inform
2-6 the chief personnel officer of the person with whom the district,
2-7 school, service center, or shared services arrangement has
2-8 contracted, and the person may not employ that person to drive a
2-9 bus on which students are transported without the permission of the
2-10 board of trustees of the district or service center, the governing
2-11 body of the open-enrollment charter school, or the chief executive
2-12 officer of the private school or shared services arrangement.
2-13 (c) A commercial transportation company that contracts with
2-14 a school district, open-enrollment charter school, private school,
2-15 regional education service center, or shared services arrangement
2-16 to provide transportation services may obtain from any law
2-17 enforcement or criminal justice agency all criminal history record
2-18 information that relates to:
2-19 (1) a person employed by the commercial transportation
2-20 company as a bus driver, bus monitor, or bus aide; or
2-21 (2) a person the commercial transportation company
2-22 intends to employ as a bus driver, bus monitor, or bus aide.
2-23 (d) If the commercial transportation company obtains
2-24 information that a person employed or to be employed by the company
2-25 has been convicted of a felony or a misdemeanor involving moral
2-26 turpitude, the company may not employ that person to drive or to
2-27 serve as a bus monitor or bus aide on a bus on which students are
3-1 transported without the permission of the board of trustees of the
3-2 district or service center, the governing body of the
3-3 open-enrollment charter school, or the chief executive officer of
3-4 the private school or shared services arrangement. Subsections (a)
3-5 and (b) do not apply if information is obtained as provided by
3-6 Subsection (c).
3-7 SECTION 2. Chapter 34, Education Code, is amended by adding
3-8 Section 34.0005 to read as follows:
3-9 Sec. 34.0005. DEFINITIONS. In this chapter:
3-10 (1) "Commercial transportation company" means a
3-11 person, other than a governmental entity, transporting students in
3-12 connection with school and related activities under a long-term
3-13 contract with a school district.
3-14 (2) "Mass transit authority" means an authority
3-15 governed by Chapter 451 or 452, Transportation Code.
3-16 (3) "Motor bus" means a vehicle designed to transport
3-17 more than 15 passengers, including the driver.
3-18 (4) "Motor bus company" means a person, including a
3-19 lessee, trustee, or receiver of the person but not including a
3-20 governmental entity, who owns, controls, operates, or manages a
3-21 motor-propelled passenger vehicle not usually operated on or over
3-22 rails, who is engaged in the business of transporting persons for
3-23 compensation or hire over a public highway in this state,
3-24 regardless of whether operating over fixed routes or schedules, and
3-25 who is required to operate under the federal motor carrier safety
3-26 regulations as adopted by this state. The term does not include a
3-27 person to the extent that the person:
4-1 (A) operates wholly within a municipality or its
4-2 suburbs;
4-3 (B) uses vehicles that comply with Chapter 601,
4-4 Transportation Code, to provide transportation:
4-5 (i) under contract that stipulates the
4-6 amount of liability insurance coverage required for the vehicles;
4-7 and
4-8 (ii) that is subsidized in whole or part
4-9 by and provided to clients of the:
4-10 (a) Texas Department on
4-11 Aging;
4-12 (b) Texas Commission on
4-13 Alcohol and Drug Abuse;
4-14 (c) Texas Commission for
4-15 the Blind;
4-16 (d) Texas Cancer Council;
4-17 (e) Texas Department of
4-18 Housing and Community Affairs;
4-19 (f) Texas Commission for
4-20 the Deaf and Hard of Hearing;
4-21 (g) Texas Department of
4-22 Health;
4-23 (h) Texas Department of
4-24 Human Services;
4-25 (i) Texas Department of
4-26 Mental Health and Mental Retardation;
4-27 (j) Texas Rehabilitation
5-1 Commission;
5-2 (k) Texas Department of
5-3 Transportation;
5-4 (l) Texas Youth Commission;
5-5 or
5-6 (m) community action
5-7 agencies created under federal law;
5-8 (C) owns, controls, operates, or manages
5-9 vehicles used for vanpooling or another nonprofit ride-sharing
5-10 arrangement by which a group of individuals shares the expense of
5-11 operating or owning and operating a vehicle in which they commute
5-12 to and from work with one member of the group serving as driver in
5-13 exchange for the transportation and reasonable personal use of the
5-14 vehicle; or
5-15 (D) owns, controls, operates, or manages
5-16 motor-propelled taxicabs designed for carrying not more than five
5-17 passengers.
5-18 (5) "Passenger van" means a motor vehicle, other than
5-19 a motorcycle, moped, or passenger car, designed and used to
5-20 transport 15 or fewer passengers, including the driver.
5-21 (6) "School-chartered bus" means a motor bus that is
5-22 operated under a contract providing for exclusive use of the
5-23 vehicle by state or school authorities at a fixed charge to provide
5-24 transportation for a group of students to a special school-related
5-25 event.
5-26 SECTION 3. Section 34.002, Education Code, is amended to
5-27 read as follows:
6-1 Sec. 34.002. SAFETY STANDARDS. (a) The [General Services
6-2 Commission, with the advice of the] Department of Public Safety,
6-3 with the advice of the General Services Commission and the Texas
6-4 Education Agency, shall establish safety standards for school buses
6-5 [motor vehicles] used to transport students in accordance with
6-6 Section 547.7015, Transportation Code [105, Uniform Act Regulating
6-7 Traffic on Highways (Article 6701d, Vernon's Texas Civil
6-8 Statutes)].
6-9 (b) Each school district shall meet or exceed [comply with]
6-10 the safety standards for school buses [motor vehicles] established
6-11 [by the General Services Commission] under Subsection (a).
6-12 (c) A school district that fails or refuses to meet [comply
6-13 with] the safety standards for school buses established under this
6-14 section is ineligible to share in the transportation allotment
6-15 under Section 42.155 until the first anniversary of the date the
6-16 district begins complying with the safety standards.
6-17 SECTION 4. Section 34.003, Education Code, is amended to
6-18 read as follows:
6-19 Sec. 34.003. OPERATION OF SCHOOL BUSES. (a) School buses
6-20 shall be used for the transportation of students to and from
6-21 schools on [school bus] routes having 10 or more students. On
6-22 those [school bus] routes having fewer than 10 students, passenger
6-23 cars may be used for the transportation of students to and from
6-24 school.
6-25 (b) To transport students in connection with school
6-26 activities other than on [school bus] routes to and from school:
6-27 (1) only school buses or motor[,] buses [chartered
7-1 from motor bus companies, or district-owned buses meeting the
7-2 safety standards prescribed for vehicles used by motor bus
7-3 companies] may be used to transport 15 [10] or more students in any
7-4 one vehicle; and
7-5 (2) passenger cars or passenger vans may be used to
7-6 transport fewer than 15 [10] students.
7-7 (c) In all circumstances in which passenger cars or
7-8 passenger vans are used to transport students, the operator of the
7-9 vehicle shall ensure that the number of passengers in the vehicle
7-10 does not exceed the designed capacity of the vehicle and that each
7-11 passenger is secured by a safety belt.
7-12 SECTION 5. Section 34.004, Education Code, is amended to
7-13 read as follows:
7-14 Sec. 34.004. STANDING CHILDREN. A school district may not
7-15 require or allow a child to stand on a school bus or passenger van
7-16 that is in motion.
7-17 SECTION 6. Section 34.008, Education Code, is amended to
7-18 read as follows:
7-19 Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL
7-20 TRANSPORTATION COMPANY. (a) A board of county school trustees or
7-21 school district board of trustees may contract with a mass transit
7-22 authority or a commercial transportation company for all or any
7-23 part of a district's public school transportation if the authority
7-24 or company:
7-25 (1) requires its school bus drivers to have the
7-26 qualifications required by and to be certified in accordance with
7-27 standards established by the Department of Public Safety; and
8-1 (2) uses only those school buses [motor vehicles] in
8-2 transporting 10 or more public school students that meet or exceed
8-3 [satisfy] safety standards for school buses established under
8-4 Section 547.7015, Transportation Code [requirements imposed by law
8-5 on school motor vehicles operated by public school transportation
8-6 systems].
8-7 (b) This section does not prohibit the county or school
8-8 district board from supplementing the state transportation cost
8-9 allotment with local funds necessary to provide complete
8-10 transportation services.
8-11 (c) A mass transit authority [or a commercial transportation
8-12 company] contracting under this section for daily transportation of
8-13 pre-primary, primary, or secondary students to or from school shall
8-14 conduct, in a manner and on a schedule approved by the county or
8-15 district school board, the following education programs:
8-16 (1) a program to inform the public that public school
8-17 students will be riding on the authority's or company's buses;
8-18 (2) a program to educate the drivers of the buses to
8-19 be used under the contract of the special needs and problems of
8-20 public school students riding on the buses; and
8-21 (3) a program to educate public school students on bus
8-22 riding safety and any special considerations arising from the use
8-23 of the authority's or company's buses.
8-24 [(d) In this section, "transit authority" includes a
8-25 transportation authority or a transit department.]
8-26 SECTION 7. Section 34.009(b), Education Code, is amended to
8-27 read as follows:
9-1 (b) A school bus that is leased or leased with an option to
9-2 purchase under this section must meet or exceed the safety
9-3 standards for school buses established under Section 547.7015,
9-4 Transportation Code [34.002].
9-5 SECTION 8. Section 521.022, Transportation Code, is amended
9-6 to read as follows:
9-7 Sec. 521.022. RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL
9-8 BUSES. (a) A person under 18 years of age may not operate [a
9-9 motor vehicle while that vehicle is in use as] a school bus for the
9-10 transportation of students [pupils to or from school].
9-11 (b) A person who is 18 years of age or older may not operate
9-12 [a motor vehicle while that vehicle is in use as] a school bus
9-13 unless the person holds an appropriate class of driver's license
9-14 for the vehicle being operated [a license to operate a school bus].
9-15 (c) A person may not [be employed to] operate [a motor
9-16 vehicle while that vehicle is in use as] a school bus for the
9-17 transportation of students [pupils] unless the person meets the
9-18 mental and physical capability requirements the department
9-19 establishes by rule and has passed an examination approved by the
9-20 department to determine the person's mental and physical
9-21 capabilities to operate a school bus safely. Each school bus
9-22 operator must pass the examination annually.
9-23 (d) A person may not operate a school bus for the
9-24 transportation of students unless [Before employing a person to
9-25 operate a school bus, a driver's license check shall be made with
9-26 the department and] the person's driving record is [must be]
9-27 acceptable according to minimum standards adopted [jointly
10-1 developed] by [the State Board of Education and] the department.
10-2 A check of the person's driving record shall be made with the
10-3 department annually.
10-4 (e) A person may not operate a school bus for the
10-5 transportation of students unless the person is certified in school
10-6 bus safety education or has enrolled in a school bus safety
10-7 education class under provisions adopted by the department.
10-8 Effective on the date and under provisions determined by the
10-9 department [State Board of Education], a school bus operator must
10-10 hold a card [certificate] that states that the operator is enrolled
10-11 in or has completed a driver training course [jointly] approved by
10-12 the [State Board of Education and the] department in school bus
10-13 safety education. The card [certificate] is valid for three years.
10-14 (f) Before a person is employed to operate a school bus to
10-15 transport students, the employer must obtain a criminal history
10-16 record check. A school district, school, service center, or shared
10-17 services arrangement, or a commercial transportation company under
10-18 contract with a school district, that obtains information that a
10-19 person has been convicted of a felony or misdemeanor involving
10-20 moral turpitude may not employ the person to drive a school bus on
10-21 which students are transported unless the employment is approved by
10-22 the board of trustees of the school district or the board's
10-23 designee. In this subsection, "commercial transportation company"
10-24 has the meaning assigned by Section 34.0005, Education Code.
10-25 (g) This section does not affect the right of an otherwise
10-26 qualified person with a hearing disability to be licensed,
10-27 certified, and employed as a bus operator for vehicles used to
11-1 transport hearing-impaired students [persons].
11-2 (h) [(g)] This section does not apply to the operation of a
11-3 vehicle owned by a public institution of higher education to
11-4 transport students of a school district that operates within that
11-5 institution if:
11-6 (1) the person operating the vehicle is approved by
11-7 the institution to operate the vehicle; and
11-8 (2) the transportation is for a special event,
11-9 including a field trip.
11-10 SECTION 9. Subchapter B, Chapter 521, Transportation Code,
11-11 is amended by adding Section 521.0225 to read as follows:
11-12 Sec. 521.0225. SCHOOL BUS SAFETY EDUCATION CERTIFICATION
11-13 CARD. (a) A person required under Section 521.022 to be certified
11-14 in school bus safety education must hold a school bus safety
11-15 education certification card. A person required under Section
11-16 521.022 to be enrolled in a school bus safety education class must
11-17 hold an enrollment card. A person to whom this subsection applies
11-18 shall:
11-19 (1) have in the person's possession the school bus
11-20 safety education certification card or enrollment card while
11-21 transporting students on a school bus; and
11-22 (2) display the school bus safety education
11-23 certification card or enrollment card on demand of a magistrate,
11-24 court officer, or peace officer.
11-25 (b) A peace officer may stop and detain a person while the
11-26 person is transporting students in a school bus to determine if the
11-27 person has the school bus safety education certification card or
12-1 enrollment card as required by this section.
12-2 (c) A person who violates Subsection (a) commits an
12-3 offense. An offense under this subsection is a misdemeanor
12-4 punishable by a fine not to exceed $200, except that:
12-5 (1) for a second conviction within one year after the
12-6 date of the first conviction, the offense is a misdemeanor
12-7 punishable by a fine of not less than $25 or more than $200; and
12-8 (2) for a third or subsequent conviction within one
12-9 year after the date of the second conviction, the offense is a
12-10 misdemeanor punishable by a fine of not less than $25 or more than
12-11 $500.
12-12 (d) It is a defense to prosecution under this section that
12-13 the person charged produces in court a school bus safety education
12-14 certification card or enrollment card:
12-15 (1) issued to that person; and
12-16 (2) valid at the time of the alleged offense.
12-17 (e) The judge of each court shall report promptly to the
12-18 department each conviction obtained in the judge's court under this
12-19 section.
12-20 SECTION 10. Sections 541.201(3), (12), and (15),
12-21 Transportation Code, are amended to read as follows:
12-22 (3) "Bus" means:
12-23 (A) a motor vehicle used to transport persons
12-24 and designed to accommodate more than 10 passengers, including the
12-25 operator; or
12-26 (B) a motor vehicle, other than a taxicab,
12-27 designed and used to transport persons for compensation.
13-1 (12) "Passenger car" means a motor vehicle, other than
13-2 a motorcycle, used to transport persons and designed to accommodate
13-3 10 or fewer passengers, including the operator.
13-4 (15) "School bus" means a bus designed to transport
13-5 more than 15 passengers, including the operator, and used for
13-6 purposes that include regularly transporting students to and from
13-7 school or school-related events. The term does not include a
13-8 school-chartered bus or a bus operated by a mass transit authority,
13-9 as those terms are defined by Section 34.0005, Education Code
13-10 [motor vehicle, other than a bus used in an urban area by a common
13-11 carrier to transport schoolchildren, that:]
13-12 [(A) is being used to transport children to or
13-13 from a school or school-related activity; and]
13-14 [(B) complies with the color and identification
13-15 requirements provided in the most recent edition of standards
13-16 produced and sponsored by the National Education Association's
13-17 National Commission on Safety Education].
13-18 SECTION 11. Section 545.066, Transportation Code, is amended
13-19 by amending Subsection (a) and adding Subsection (f) to read as
13-20 follows:
13-21 (a) An operator on a highway, when approaching from either
13-22 direction a school bus stopped on the highway to receive or
13-23 discharge a student [schoolchild]:
13-24 (1) shall stop before reaching the school bus when the
13-25 bus is operating a visual signal as required by Section 547.701;
13-26 and
13-27 (2) may not proceed until:
14-1 (A) the school bus resumes motion;
14-2 (B) the operator is signaled by the bus driver
14-3 to proceed; or
14-4 (C) the visual signal is no longer actuated.
14-5 (f) For the purposes of this section:
14-6 (1) a highway is considered to have separate roadways
14-7 only if the highway has roadways separated by an intervening space
14-8 on which operation of vehicles is not permitted, a physical
14-9 barrier, or a clearly indicated dividing section constructed to
14-10 impede vehicular traffic; and
14-11 (2) a highway is not considered to have separate
14-12 roadways if the highway has roadways separated only by a left turn
14-13 lane.
14-14 SECTION 12. Section 545.253(a), Transportation Code, is
14-15 amended to read as follows:
14-16 (a) Except as provided by Subsection (c), the operator of a
14-17 motor bus carrying passengers for hire [or of a school bus carrying
14-18 a schoolchild], before crossing a railroad grade crossing:
14-19 (1) shall stop the vehicle not closer than 15 feet or
14-20 farther than 50 feet from the nearest rail of the railroad;
14-21 (2) while stopped, shall listen and look in both
14-22 directions along the track for an approaching train and signals
14-23 indicating the approach of a train; and
14-24 (3) may not proceed until it is safe to do so.
14-25 SECTION 13. Subchapter F, Chapter 545, Transportation Code,
14-26 is amended by adding Section 545.2535 to read as follows:
14-27 Sec. 545.2535. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE
15-1 CROSSINGS. (a) Except as provided by Subsection (c), the operator
15-2 of a school bus, before crossing a track at a railroad grade
15-3 crossing:
15-4 (1) shall stop the vehicle not closer than 15 feet or
15-5 farther than 50 feet from the track;
15-6 (2) while stopped, shall listen and look in both
15-7 directions along the track for an approaching train and signals
15-8 indicating the approach of a train; and
15-9 (3) may not proceed until it is safe to do so.
15-10 (b) After stopping as required by Subsection (a), the
15-11 operator may proceed in a gear that permits the vehicle to complete
15-12 the crossing without a change of gears. The operator may not shift
15-13 gears while crossing the track.
15-14 (c) An operator is not required to stop at:
15-15 (1) an abandoned railroad grade crossing that is
15-16 marked with a sign reading "tracks out of service"; or
15-17 (2) an industrial or spur line railroad grade crossing
15-18 that is marked with a sign reading "exempt."
15-19 (d) A sign under Subsection (c) may be erected only by or
15-20 with the consent of the appropriate state or local governmental
15-21 official.
15-22 SECTION 14. Subchapter I, Chapter 545, Transportation Code,
15-23 is amended by adding Section 545.424 to read as follows:
15-24 Sec. 545.424. ITEMS TRANSPORTED ON CERTAIN BUSES USED TO
15-25 TRANSPORT STUDENTS. (a) This section applies only to a school bus
15-26 or a bus that is used to transport students.
15-27 (b) Baggage or another item transported in the passenger
16-1 compartment of a bus to which this section applies must be stored
16-2 so that the aisles of the bus remain clear and each door and
16-3 emergency exit of the bus remains accessible while the bus is
16-4 transporting students.
16-5 SECTION 15. Section 547.701, Transportation Code, is amended
16-6 by amending Subsections (b) and (c) and adding Subsection (d) to
16-7 read as follows:
16-8 (b) A school bus may be equipped with:
16-9 (1) rooftop warning lamps:
16-10 (A) that conform to and are placed on the bus in
16-11 accordance with specifications adopted under Section 547.7015
16-12 [11.12, Education Code]; and
16-13 (B) that [which] may be operated only during
16-14 inclement weather when the bus is stopping or is stopped to load or
16-15 unload students [schoolchildren]; and
16-16 (2) movable stop arms:
16-17 (A) that conform to regulations adopted under
16-18 Section 547.7015 [11.12, Education Code]; and
16-19 (B) that [which] may be operated only when the
16-20 bus is stopped to load or unload students [schoolchildren].
16-21 (c) When a school bus is being stopped or is stopped on a
16-22 highway to permit students to board or exit the bus, the operator
16-23 of the bus shall activate all flashing warning signal lights and
16-24 other equipment on the bus designed to warn other drivers that the
16-25 bus is stopping to load or unload children. A person may not
16-26 operate such a light or other equipment except when the bus is
16-27 being stopped or is stopped on a highway to permit students to
17-1 board or exit the bus [A school bus operator shall activate the
17-2 warning equipment designed to warn other vehicle operators that the
17-3 bus is stopping to load or unload children, including flashing
17-4 warning signal lamps, when the bus is stopping or stopped to load
17-5 or unload schoolchildren. A person may not activate the warning
17-6 equipment at any other time].
17-7 (d) The exterior of a school bus may not bear advertising or
17-8 another paid announcement directed at the public if the advertising
17-9 or announcement distracts from the effectiveness of required safety
17-10 warning equipment. The department shall adopt rules to implement
17-11 this subsection. A school bus that violates this section or rules
17-12 adopted under this section shall be placed out of service until it
17-13 complies.
17-14 SECTION 16. Subchapter L, Chapter 547, Transportation Code,
17-15 is amended by adding Section 547.7015 to read as follows:
17-16 Sec. 547.7015. RULES RELATING TO SCHOOL BUSES. (a) The
17-17 department, with the advice of the General Services Commission and
17-18 the Texas Education Agency, shall adopt, and the department shall
17-19 enforce, rules regarding safety standards for school buses
17-20 governing the design, color, lighting and other equipment,
17-21 construction, and operation of a school bus for the transportation
17-22 of students that is:
17-23 (1) owned and operated by a school district in this
17-24 state; or
17-25 (2) privately owned and operated under a contract with
17-26 a school district in this state.
17-27 (b) In adopting rules under this section, the department
18-1 shall emphasize:
18-2 (1) safety features; and
18-3 (2) long-range, maintenance-free factors.
18-4 (c) Rules adopted under this section:
18-5 (1) apply to each school district, the officers and
18-6 employees of a district, and each person employed under contract by
18-7 a school district; and
18-8 (2) shall by reference be made a part of any contract
18-9 that is entered into by a school district in this state for the
18-10 transportation of students on a privately owned school bus.
18-11 (d) A school bus must continue to meet or exceed the safety
18-12 standards applicable to the bus for the year it was manufactured.
18-13 The department may inspect a school bus to determine and enforce
18-14 compliance with the safety standards. A bus that does not comply
18-15 with the safety standards shall be placed out of service until it
18-16 complies.
18-17 SECTION 17. Section 411.097, Government Code, is amended to
18-18 read as follows:
18-19 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
18-20 SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION
18-21 SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION
18-22 SHARED SERVICES ARRANGEMENT. (a) A school district, charter
18-23 school, private school, regional education service center,
18-24 commercial transportation company, or education shared services
18-25 arrangement is entitled to obtain from the department criminal
18-26 history record information maintained by the department that the
18-27 district, school, service center, or shared services arrangement is
19-1 required or authorized to obtain under Subchapter C, Chapter 22,
19-2 Education Code, that relates to a person who is:
19-3 (1) an applicant for employment by the district,
19-4 school, service center, or shared services arrangement; or
19-5 (2) an employee of or an applicant for employment with
19-6 a public or commercial transportation company that contracts with
19-7 the district, school, service center, or shared services
19-8 arrangement to provide transportation services if the employee
19-9 drives or the applicant will drive a bus in which students are
19-10 transported or is employed or is seeking employment as a bus
19-11 monitor or bus aide on a bus in which students are transported.
19-12 (b) A school district, charter school, private school,
19-13 regional education service center, or education shared services
19-14 arrangement is entitled to obtain from the department, no more than
19-15 twice each year, criminal history record information maintained by
19-16 the department that the district, school, service center, or shared
19-17 services arrangement is required or authorized to obtain under
19-18 Subchapter C, Chapter 22, Education Code, that relates to a person
19-19 who is a volunteer or employee of the district, school, service
19-20 center, or shared services arrangement.
19-21 (c) Criminal history record information obtained by a school
19-22 district, charter school, private school, service center,
19-23 commercial transportation company, or shared services arrangement
19-24 under Subsection (a) or (b) may not be released or disclosed to any
19-25 person, other than the individual who is the subject of the
19-26 information, the Texas Education Agency, the State Board for
19-27 Educator Certification, or the chief personnel officer of the
20-1 transportation company, if the information is obtained under
20-2 Subsection (a)(2).
20-3 (d) If a regional education service center or commercial
20-4 transportation company that receives criminal history record
20-5 information from the department under this section requests the
20-6 information by providing to the department a list, including the
20-7 name, date of birth, and any other personal descriptive information
20-8 required by the department for each person, through electronic
20-9 means, magnetic tape, or disk, as specified by the department, the
20-10 department may not charge the service center or commercial
20-11 transportation company more than the lesser of:
20-12 (1) the department's cost for providing the
20-13 information; or
20-14 (2) the amount prescribed by another law.
20-15 SECTION 18. (a) In addition to the substantive changes in
20-16 law made by this Act, this Act conforms the Transportation Code to
20-17 changes in law made by Sections 55 and 56, Chapter 260, and Section
20-18 25, Chapter 1009, Acts of the 74th Legislature, Regular Session,
20-19 1995.
20-20 (b) To the extent of any conflict, this Act prevails over
20-21 another Act of the 75th Legislature, Regular Session, 1997,
20-22 relating to nonsubstantive additions to and corrections in enacted
20-23 codes.
20-24 SECTION 19. This Act takes effect September 1, 1997.
20-25 SECTION 20. The importance of this legislation and the
20-26 crowded condition of the calendars in both houses create an
20-27 emergency and an imperative public necessity that the
21-1 constitutional rule requiring bills to be read on three several
21-2 days in each house be suspended, and this rule is hereby suspended.