HBA-PDH H.B. 669 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 669
By: Wise
Public Education
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain education providers are required to obtain criminal
background checks on employees and prospective employees.  H.B. 669 adds
volunteers and prospective volunteers to the list of people who must be
screened before employment with certain education providers, emphasizes a
national background check rather than an in-state check, and requires an
affidavit or statement from an employee or volunteer indicating whether the
employee or volunteer has been convicted of a sex crime and a disclosure of
information about any such conviction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.082, Education Code, as follows:

Sec. 22.082.  ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR
EDUCATOR CERTIFICATION.  Specifically includes the Federal Bureau of
Investigation among law enforcement or criminal justice agencies from which
the State Board for Educator Certification (board) is required to obtain
all necessary national and state criminal history record information that
relates to an applicant for or holder of a certificate issued under
Subchapter B (Certification of Educators), Chapter 21 (Educators).
Authorizes the board to collect a fee from the person whose criminal
history record information is obtained.  Prohibits the board from
collecting a fee in excess of the amount paid to obtain the information. 

SECTION 2.  Amends Subchapter C, Chapter 22, Education Code, by adding
Section 22.0821, as follows: 

Sec. 22.0821.  AFFIDAVIT BY POTENTIAL EMPLOYEE OR VOLUNTEER CONCERNING
CRIMINAL HISTORY AND OTHER CONDUCT.  Requires a school district,
open-enrollment charter school, private school, regional education service
center, or shared services arrangement to require an affidavit in
compliance with this section from a person who has applied for employment
in any capacity with such an entity, or from a person who has indicated, in
writing, an intention to volunteer with a district, school, service center,
or shared services arrangement.  Provides the affidavit form that must be
followed to comply with this section. 

SECTION 3.  Amends Section 22.083, Education Code, by amending Subsection
(a) and adding Subsection (d), as follows:   

(a)  Requires, rather than authorizes, a district, school, service center,
or shared services arrangement to obtain from the Federal Bureau of
Investigation and any other law enforcement or criminal justice agency all
necessary national and state criminal history record information that
relates to a person that a district, school, service center, or shared
services arrangement intends to employ in any capacity, unless the person
was initially certified by the board in the year preceding the initial date
of prospective employment. 
 
(d)  Authorizes a district, school, service center, or shared services
arrangement to collect a fee from the person whose criminal history record
information is obtained.  Prohibits a district, school, service center, or
shared services arrangement from collecting a fee in excess of the amount
paid to obtain the information. 

SECTION 4.  Makes application of this Act prospective regarding an
applicant for a certificate issued by the board and for a prospective
employee or volunteer of a district, school, service center, or shared
services arrangement.  Establishes October 1, 1999, as the deadline for a
district, school, service center, or shared services arrangement to obtain
an affidavit from each employee or volunteer already serving the district,
school, service center, or shared services arrangement as of September 1,
1999.  Establishes January 1, 2000, as the deadline for a district, school,
service center, or shared services arrangement to obtain criminal history
information for employees hired between May 15, 1997, and September 1,
1999, and for volunteers serving prior to September 1, 1999.  Provides that
this does not apply to a person who will not be serving after January 1,
2000, or a person whose criminal history was obtained upon hiring and who
has been continuously employed. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.