By Wise                                                H.B. No. 669
         76R2327 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to criminal history records of and disclosure of certain
 1-3     conduct by employees, volunteers, and prospective employees and
 1-4     volunteers of certain educational entities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 22.082, Education Code, is amended to
 1-7     read as follows:
 1-8           Sec. 22.082.  ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
 1-9     BOARD FOR EDUCATOR CERTIFICATION.  (a)  The State Board for
1-10     Educator Certification shall obtain from the Federal Bureau of
1-11     Investigation and any other law enforcement or criminal justice
1-12     agency, as necessary, all national and state criminal history
1-13     record information that relates to an applicant for or holder of a
1-14     certificate issued under Subchapter B, Chapter 21.
1-15           (b)  The board may collect a fee from the person whose
1-16     criminal history record information is obtained.  The amount of the
1-17     fee may not exceed the cost to the board of obtaining that
1-18     information.
1-19           SECTION 2.  Subchapter C, Chapter 22, Education Code, is
1-20     amended by adding Section 22.0821 to read as follows:
1-21           Sec. 22.0821.  AFFIDAVIT BY POTENTIAL EMPLOYEE OR VOLUNTEER
1-22     CONCERNING CRIMINAL HISTORY AND OTHER CONDUCT.  (a)  A school
1-23     district, open-enrollment charter school, private school, regional
1-24     education service center, or shared services arrangement shall
 2-1     require an affidavit that complies with this section from each
 2-2     person who:
 2-3                 (1)  has applied for employment in any capacity with
 2-4     the district, school, service center, or shared services
 2-5     arrangement; or
 2-6                 (2)  has indicated, in writing, an intention to serve
 2-7     as a volunteer with the district, school, service center, or shared
 2-8     services arrangement.
 2-9           (b)  An affidavit under this section must be in the following
2-10     form:
2-11                                  AFFIDAVIT
2-12           I, ___________, swear or affirm under oath and penalty of
2-13     perjury that, except as listed below, I have not at any time,
2-14     either as an adult or juvenile:
2-15                 (1)  been convicted of an offense posing a risk of harm
2-16     to children, including:
2-17                       (A)  a felony;
2-18                       (B)  rape or sexual assault;
2-19                       (C)  physical, sexual, or emotional abuse or
2-20     neglect of a minor;
2-21                       (D)  incest;
2-22                       (E)  exploitation, including sexual exploitation,
2-23     of a minor;
2-24                       (F)  sexual misconduct with a minor;
2-25                       (G)  molestation of a child;
2-26                       (H)  lewdness or indecent exposure;
2-27                       (I)  lewd or lascivious behavior;
 3-1                       (J)  possession, distribution, or sale of obscene
 3-2     or pornographic literature, photographs, or videotapes;
 3-3                       (K)  assault, battery, or any violent offense
 3-4     involving a minor;
 3-5                       (L)  endangerment of a child;
 3-6                       (M)  a misdemeanor or other offense involving a
 3-7     minor or to which a minor was a witness;
 3-8                       (N)  removing a child from a state or concealing
 3-9     a child in violation of a court order; or
3-10                       (O)  any type of child abduction;
3-11                 (2)  pleaded guilty to an offense listed in item (1) of
3-12     this paragraph, regardless of whether the plea resulted in a
3-13     conviction;
3-14                 (3)  pleaded nolo contendere or no contest to an
3-15     offense listed in item (1) of this paragraph;
3-16                 (4)  admitted engaging in conduct constituting an
3-17     offense listed in item (1) of this paragraph;
3-18                 (5)  had any judgment or order entered against me, by
3-19     default or otherwise, in connection with:
3-20                       (A)  an offense listed in item (1) of this
3-21     paragraph;
3-22                       (B)  conduct constituting an offense listed in
3-23     item (1) of this paragraph;
3-24                       (C)  a finding of unfitness as a parent or
3-25     custodian; or
3-26                       (D)  a restriction or limitation on contact or
3-27     visitation with children or minors;
 4-1                 (6)  entered into a settlement of an action or claim in
 4-2     connection with an offense, conduct, or an order described by item
 4-3     (5) of this paragraph;
 4-4                 (7)  had a license or certification suspended or
 4-5     revoked in connection with an offense, conduct, or an order
 4-6     described by item (5) of this paragraph;
 4-7                 (8)  had employment or a position as a volunteer
 4-8     suspended, terminated, or adversely affected in connection with an
 4-9     offense, conduct, or an order described by item (5) of this
4-10     paragraph;
4-11                 (9)  resigned under threat of termination of employment
4-12     or of a position as a volunteer in connection with an offense,
4-13     conduct, or an order described by item (5) of this paragraph;
4-14                 (10)  been diagnosed as having or been treated for any
4-15     mental or emotional condition in connection with an offense,
4-16     conduct, or an order described by item (5) of this paragraph; or
4-17                 (11)  had a report of child abuse or neglect made or
4-18     substantiated against me.
4-19           I further swear or affirm that, except as listed below, I do
4-20     not now have any pending criminal charges against me in this or any
4-21     other jurisdiction for an offense listed in item (1) of the
4-22     preceding paragraph.
4-23           EXCEPTIONS:  (list each incident, including location,
4-24     description, and date; if none, write "None")
4-25           Signed________________________  Date__________________
4-26           Subscribed and sworn to or affirmed before me on the _____
4-27     day of ______________, ______.
 5-1           (Signature and seal of notary public)
 5-2           SECTION 3.  Section 22.083, Education Code, is amended by
 5-3     amending Subsection (a) and adding Subsection (d) to read as
 5-4     follows:
 5-5           (a)  A school district, open-enrollment charter school,
 5-6     private school, regional education service center, or shared
 5-7     services arrangement shall [may] obtain from the Federal Bureau of
 5-8     Investigation and any other law enforcement or criminal justice
 5-9     agency, as necessary, all criminal history record information that
5-10     relates to a person:
5-11                 (1)  whom the district, school, service center, or
5-12     shared services arrangement intends to employ in any capacity,
5-13     unless the person was initially certified by the State Board for
5-14     Educator Certification in the year preceding the initial date of
5-15     prospective employment; or
5-16                 (2)  who has indicated, in writing, an intention to
5-17     serve as a volunteer with the district, school, service center, or
5-18     shared services arrangement.
5-19           (d)  A school district, open-enrollment charter school,
5-20     regional education service center, or shared services arrangement
5-21     may collect a fee from the person whose criminal history record
5-22     information is obtained.  The amount of the fee may not exceed the
5-23     cost of obtaining that information.
5-24           SECTION 4.  (a)  Beginning September 1, 1999, the State Board
5-25     for Educator Certification shall obtain, in compliance with Section
5-26     22.082(a), Education Code, as amended by this Act, national and
5-27     state criminal history record information relating to each person
 6-1     who submits an application for a certificate issued under
 6-2     Subchapter B, Chapter 21, Education Code, on or after that date.
 6-3           (b)  Beginning September 1, 1999, a school district,
 6-4     open-enrollment charter school, private school, regional education
 6-5     service center, or shared services arrangement shall obtain, in
 6-6     compliance with Section 22.0821, Education Code, as added by this
 6-7     Act, an affidavit concerning criminal history and other conduct
 6-8     from each prospective employee or volunteer.
 6-9           (c)  Not later than October 1, 1999, a school district,
6-10     open-enrollment charter school, private school, regional education
6-11     service center, or shared services arrangement shall obtain an
6-12     affidavit concerning criminal history and other conduct that
6-13     complies with Section 22.0821, Education Code, as added by this
6-14     Act, from each employee or volunteer serving the district, school,
6-15     service center, or shared services arrangement before September 1,
6-16     1999.
6-17           (d)  Beginning September 1, 1999, a school district,
6-18     open-enrollment charter school, private school, regional education
6-19     service center, or shared services arrangement shall obtain, in
6-20     compliance with Section 22.083(a), Education Code, as amended by
6-21     this Act, national and state criminal history record information
6-22     relating to each prospective employee or volunteer.
6-23           (e)  Not later than January 1, 2000, a school district shall
6-24     obtain national and state criminal history record information
6-25     relating to each person initially employed by the district on or
6-26     after May 15, 1997, and before September 1, 1999, and to each
6-27     person initially serving as a volunteer with the district before
 7-1     September 1, 1999.  This subsection does not require a district to
 7-2     obtain:
 7-3                 (1)  criminal history record information relating to a
 7-4     person who will not be employed by or serving as a volunteer with
 7-5     the district after January 1, 2000; or
 7-6                 (2)  updated criminal history record information
 7-7     relating to a person employed by the district if the district
 7-8     obtained information at the time the person was initially employed
 7-9     and the person has been continuously employed by the district.
7-10           SECTION 5.  This Act takes effect September 1, 1999.
7-11           SECTION 6.  The importance of this legislation and the
7-12     crowded condition of the calendars in both houses create an
7-13     emergency and an imperative public necessity that the
7-14     constitutional rule requiring bills to be read on three several
7-15     days in each house be suspended, and this rule is hereby suspended.