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.