By Gray                                                H.B. No. 513
         76R714 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)  An [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)  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 a person who has indicated, in writing, an
2-20     intention to serve as a volunteer with the district, school,
2-21     service center, or shared services arrangement.
2-22           (d) [(b)]  A school district, open-enrollment charter school,
2-23     private school, regional education service center, or shared
2-24     services arrangement may obtain from any law enforcement or
2-25     criminal justice agency all criminal history record information
2-26     that relates to:
2-27                 (1)  a volunteer or employee of the district, school,
 3-1     service center, or shared services arrangement; or
 3-2                 (2)  an employee of or applicant for employment by a
 3-3     person that contracts with the district, school, service center, or
 3-4     shared services arrangement to provide services, if:
 3-5                       (A)  the employee or applicant has or will have
 3-6     continuing duties related to the contracted services; and
 3-7                       (B)  the duties are or will be performed on
 3-8     school property or at another location where students are regularly
 3-9     present.
3-10           (e) [(c)]  The superintendent of a district or the director
3-11     of an open-enrollment charter school, private school, regional
3-12     education service center, or shared services arrangement shall
3-13     promptly notify the State Board for Educator Certification in
3-14     writing if the person obtains or has knowledge of information
3-15     showing that an applicant for or holder of a certificate issued
3-16     under Subchapter B, Chapter 21, has a reported criminal history.
3-17           (f)  A school district, open-enrollment charter school,
3-18     private school, regional education service center, or shared
3-19     services arrangement may collect a fee from the person whose
3-20     criminal history record information is obtained.  The amount of the
3-21     fee may not exceed the cost of obtaining that information.
3-22           SECTION 3.  Beginning September 1, 1999, the State Board for
3-23     Educator Certification shall obtain, in compliance with Section
3-24     22.082(a), Education Code, as amended by this Act, national and
3-25     state criminal history record information relating to each person
3-26     who submits an application for a certificate issued under
3-27     Subchapter B, Chapter 21, Education Code, on or after that date.
 4-1           SECTION 4.  (a)  Beginning September 1, 1999, a school
 4-2     district shall obtain, in compliance with Section 22.083(a),
 4-3     Education Code, as amended by this Act, national and state criminal
 4-4     history record information relating to each person the district
 4-5     intends to employ in any capacity.
 4-6           (b)  Notwithstanding Section 22.083(d), Education Code, not
 4-7     later than January 1, 2000, a school district shall obtain national
 4-8     and state criminal history record information relating to each
 4-9     person initially employed by the district on or after May 15, 1997,
4-10     and before September 1, 1999.  This subsection does not require a
4-11     district to obtain:
4-12                 (1)  criminal history record information relating to a
4-13     person who will not be employed by the district after January 1,
4-14     2000; or
4-15                 (2)  updated criminal history record information
4-16     relating to a person if the district obtained information at the
4-17     time the person was initially employed and the person has been
4-18     continuously employed by the district.
4-19           SECTION 5.  This Act takes effect September 1, 1999.
4-20           SECTION 6.  The importance of this legislation and the
4-21     crowded condition of the calendars in both houses create an
4-22     emergency and an imperative public necessity that the
4-23     constitutional rule requiring bills to be read on three several
4-24     days in each house be suspended, and this rule is hereby suspended.