By Flores                                              H.B. No. 371
         76R2113 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to criminal history of school employees.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 21, Education Code, is
 1-5     amended by adding Section 21.057 to read as follows:
 1-6           Sec. 21.057.  ELIGIBILITY FOR CERTIFICATION OF PERSONS
 1-7     CONVICTED OF CHILD-RELATED CRIMINAL OFFENSES.  A person convicted
 1-8     of an offense under Chapter 21, 22, or 43, Penal Code, involving a
 1-9     child is ineligible for initial or continued certification under
1-10     this subchapter.
1-11           SECTION 2.  Sections 22.083(a) and (b), Education Code, are
1-12     amended to read as follows:
1-13           (a)  A school district, open-enrollment charter school,
1-14     private school, regional education service center, or shared
1-15     services arrangement shall [may] obtain from any law enforcement or
1-16     criminal justice agency all criminal history record information
1-17     that relates to a person:
1-18                 (1)  whom the district, school, service center, or
1-19     shared services arrangement intends to employ in any capacity,
1-20     unless the person was initially certified by the State Board for
1-21     Educator Certification in the year preceding the initial date of
1-22     prospective employment; or
1-23                 (2)  who has indicated, in writing, an intention to
1-24     serve as a volunteer with the district, school, service center, or
 2-1     shared services arrangement.
 2-2           (b)  A school district, open-enrollment charter school,
 2-3     private school, regional education service center, or shared
 2-4     services arrangement shall [may] obtain from any law enforcement or
 2-5     criminal justice agency all criminal history record information
 2-6     that relates to:
 2-7                 (1)  a volunteer or employee of the district, school,
 2-8     service center, or shared services arrangement; or
 2-9                 (2)  an employee of or applicant for employment by a
2-10     person that contracts with the district, school, service center, or
2-11     shared services arrangement to provide services, if:
2-12                       (A)  the employee or applicant has or will have
2-13     continuing duties related to the contracted services; and
2-14                       (B)  the duties are or will be performed on
2-15     school property or at another location where students are regularly
2-16     present.
2-17           SECTION 3.  This Act takes effect July 1, 1999.
2-18           SECTION 4.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended,
2-23     and that this Act take effect and be in force according to its
2-24     terms, and it is so enacted.