By Culberson H.B. No. 1803
76R5240 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history record information of persons who
1-3 apply to work or who work at schools or in certain school-related
1-4 settings.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 22.082-22.085, Education Code, are
1-7 amended to read as follows:
1-8 Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
1-9 BOARD FOR EDUCATOR CERTIFICATION AND AGENCY. (a) The State Board
1-10 for Educator Certification shall obtain from the Federal Bureau of
1-11 Investigation identification division and any other law enforcement
1-12 or criminal justice agency, as necessary, all national and state
1-13 criminal history record information that relates to an applicant
1-14 for or holder of a certificate issued under Subchapter B, Chapter
1-15 21. The board shall:
1-16 (1) maintain and annually update the information the
1-17 board obtains under this subsection; and
1-18 (2) maintain and update as often as necessary the
1-19 information the board obtains under Section 22.083(c) or 22.0851.
1-20 (b) The agency shall obtain from each school district,
1-21 open-enrollment charter school, private school, regional education
1-22 service center, or shared services arrangement all information the
1-23 district, school, service center, or shared services arrangement
1-24 obtains under Section 22.083(a)(1) or obtains under Section
2-1 22.083(b) from any law enforcement or criminal justice agency. The
2-2 agency shall:
2-3 (1) maintain and annually update the information the
2-4 agency obtains from a district, school, service center, or shared
2-5 services arrangement that the district, school, service center, or
2-6 shared services arrangement obtains under Section 22.083(b) from
2-7 any law enforcement or criminal justice agency; and
2-8 (2) maintain and update as often as necessary the
2-9 information the agency obtains from a district, school, service
2-10 center, or shared services arrangement that the district, school,
2-11 service center, or shared services arrangement obtains under
2-12 Section 22.083(a)(1) or (c) or 22.0851.
2-13 (c) The State Board for Educator Certification may collect a
2-14 fee from the person whose criminal history record information the
2-15 board obtains. The board may collect a fee for updating criminal
2-16 history record information in accordance with Subsection (a)(1).
2-17 The amount of a fee under this subsection may not exceed the cost
2-18 to the board of obtaining that information.
2-19 (d) The State Board for Educator Certification may propose
2-20 and the agency may adopt rules as necessary to implement this
2-21 section.
2-22 Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND
2-23 REGIONAL EDUCATION AUTHORITIES. (a) A school district,
2-24 open-enrollment charter school, private school, regional education
2-25 service center, or shared services arrangement shall [may] obtain
2-26 from:
2-27 (1) the Federal Bureau of Investigation identification
3-1 division and any other law enforcement or criminal justice agency,
3-2 as necessary, all national and state criminal history record
3-3 information that relates to a person, other than the applicant for
3-4 or holder of a certificate issued under Subchapter B, Chapter 21,[:]
3-5 [(1)] whom the district, school, service center, or
3-6 shared services arrangement intends to employ in any capacity or
3-7 who has indicated, in writing, an intention to serve as a
3-8 volunteer; [or]
3-9 (2) the State Board for Educator Certification all
3-10 information the board is required to maintain under Section 22.082
3-11 that relates to an applicant for or holder of a certificate issued
3-12 under Subchapter B, Chapter 21, whom the district, school, service
3-13 center, or shared services arrangement intends to employ or, if
3-14 appropriate, who has indicated, in writing, an intention to serve
3-15 as a volunteer; and
3-16 (3) the agency all information the agency is required
3-17 to maintain under Section 22.082 that relates to a person, other
3-18 than an applicant for or holder of a certificate issued under
3-19 Subchapter B, Chapter 21, whom the district, school, service
3-20 center, or shared services arrangement intends to employ or, if
3-21 appropriate, who has indicated, in writing, an intention to serve
3-22 as a volunteer [with the district, school, service center, or
3-23 shared services arrangement].
3-24 (b) A school district, open-enrollment charter school,
3-25 private school, regional education service center, or shared
3-26 services arrangement shall [may] obtain from the Federal Bureau of
3-27 Investigation identification division and any other law enforcement
4-1 or criminal justice agency annually and may obtain from the agency
4-2 or the State Board for Educator Certification, as appropriate, all
4-3 national and state criminal history record information or other
4-4 information maintained under Section 22.082 that relates to:
4-5 (1) a volunteer or employee of the district, school,
4-6 service center, or shared services arrangement; or
4-7 (2) an employee of or applicant for employment by a
4-8 person that contracts with the district, school, service center, or
4-9 shared services arrangement to provide services, if:
4-10 (A) the employee or applicant has or will have
4-11 continuing duties related to the contracted services; and
4-12 (B) the duties are or will be performed on
4-13 school property or at another location where students are regularly
4-14 present.
4-15 (c) The superintendent of a district or the director of an
4-16 open-enrollment charter school, private school, regional education
4-17 service center, or shared services arrangement shall [promptly]
4-18 notify the State Board for Educator Certification in writing not
4-19 later than the seventh day after the date [if] the person obtains
4-20 [or has knowledge of] information [showing] that an applicant for
4-21 or holder of a certificate issued under Subchapter B, Chapter 21,
4-22 has a reported criminal history or allegedly has engaged in
4-23 misconduct involving moral turpitude against a student. The
4-24 superintendent of a district or the director of an open-enrollment
4-25 charter school, private school, regional education service center,
4-26 or shared services arrangement shall notify the agency in writing
4-27 not later than the seventh day after the date the person obtains
5-1 information that an applicant for employment or to serve as a
5-2 volunteer or an employee or volunteer, other than an applicant for
5-3 or holder of a certificate issued under Subchapter B, Chapter 21,
5-4 has a reported criminal history or allegedly has engaged in
5-5 misconduct involving moral turpitude against a student. The
5-6 principal of each public school shall provide the superintendent of
5-7 the district with information necessary for the superintendent to
5-8 carry out the superintendent's duties under this subsection not
5-9 later than the second school day after the date the principal
5-10 obtains the information.
5-11 (d) A school district, open-enrollment charter school,
5-12 private school, regional education service center, or shared
5-13 services arrangement shall place in the personnel file of each
5-14 person the district, school, service center, or shared services
5-15 arrangement employs in any capacity a verification of obtaining
5-16 criminal history record information in accordance with this
5-17 section.
5-18 Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL
5-19 BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided
5-20 by Subsections (c) and (d), a school district, open-enrollment
5-21 charter school, private school, regional education service center,
5-22 or shared services arrangement that contracts with a person for
5-23 transportation services shall obtain from the agency and any law
5-24 enforcement or criminal justice agency all criminal history record
5-25 information that relates to:
5-26 (1) a person employed by the person as a bus driver;
5-27 or
6-1 (2) a person the person intends to employ as a bus
6-2 driver.
6-3 (b) Except as provided by Subsections (c) and (d), a person
6-4 that contracts with a school district, open-enrollment charter
6-5 school, private school, regional education service center, or
6-6 shared services arrangement to provide transportation services
6-7 shall submit to the district, school, service center, or shared
6-8 services arrangement the name and other identification data
6-9 required to obtain criminal history record information of each
6-10 person described by Subsection (a). If the district, school,
6-11 service center, or shared services arrangement obtains information
6-12 that a person described by Subsection (a) has been convicted of a
6-13 felony or a misdemeanor involving moral turpitude, the district,
6-14 school, service center, or shared services arrangement shall inform
6-15 the chief personnel officer of the person with whom the district,
6-16 school, service center, or shared services arrangement has
6-17 contracted, and the person may not employ that person to drive a
6-18 bus on which students are transported [without the permission of
6-19 the board of trustees of the district or service center, the
6-20 governing body of the open-enrollment charter school, or the chief
6-21 executive officer of the private school or shared services
6-22 arrangement].
6-23 (c) A commercial transportation company that contracts with
6-24 a school district, open-enrollment charter school, private school,
6-25 regional education service center, or shared services arrangement
6-26 to provide transportation services shall [may] obtain from the
6-27 agency and any law enforcement or criminal justice agency all
7-1 criminal history record information that relates to:
7-2 (1) a person employed by the commercial transportation
7-3 company as a bus driver, bus monitor, or bus aide; or
7-4 (2) a person the commercial transportation company
7-5 intends to employ as a bus driver, bus monitor, or bus aide.
7-6 (d) If the commercial transportation company obtains
7-7 information that a person employed or to be employed by the company
7-8 has been convicted of a felony or a misdemeanor involving moral
7-9 turpitude, the company may not employ that person to drive or to
7-10 serve as a bus monitor or bus aide on a bus on which students are
7-11 transported [without the permission of the board of trustees of the
7-12 district or service center, the governing body of the
7-13 open-enrollment charter school, or the chief executive officer of
7-14 the private school or shared services arrangement]. Subsections
7-15 (a) and (b) do not apply if information is obtained as provided by
7-16 Subsection (c).
7-17 Sec. 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES.
7-18 A school district, open-enrollment charter school, private school,
7-19 regional education service center, or shared services arrangement
7-20 shall [may] discharge an employee if the district or school obtains
7-21 information of the employee's conviction of a felony or of a
7-22 misdemeanor involving moral turpitude [that the employee did not
7-23 disclose to the State Board for Educator Certification or the
7-24 district, school, service center, or shared services arrangement].
7-25 An employee discharged under this section is considered to have
7-26 been discharged for misconduct for purposes of Section 207.044,
7-27 Labor Code.
8-1 SECTION 2. Subchapter C, Chapter 22, Education Code, is
8-2 amended by adding Section 22.0851 to read as follows:
8-3 Sec. 22.0851. INVESTIGATION AND DOCUMENTATION OF ALLEGATION
8-4 OF CERTAIN MISCONDUCT. (a) The superintendent of a school
8-5 district or the director of an open-enrollment charter school,
8-6 private school, regional education service center, or shared
8-7 services arrangement who obtains information that an employee or
8-8 volunteer has allegedly engaged in misconduct involving moral
8-9 turpitude against a student shall:
8-10 (1) immediately remove the person from any situation
8-11 in which the person is likely to have contact with a student;
8-12 (2) investigate the allegation;
8-13 (3) document the allegation and each aspect of the
8-14 investigation in the person's personnel file, in the case of an
8-15 employee;
8-16 (4) report the matter in accordance with Subchapter B,
8-17 Chapter 261, Family Code; and
8-18 (5) report to the State Board for Educator
8-19 Certification or the agency, as appropriate, the information
8-20 documented under Subdivision (3).
8-21 (b) An employee who is charged with a criminal offense for
8-22 conduct that is the subject of an investigation under this section
8-23 shall be suspended without pay from employment until there is a
8-24 final disposition of the charges in the case.
8-25 SECTION 3. Section 22.086, Education Code, is amended to
8-26 read as follows:
8-27 Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The State
9-1 Board for Educator Certification, the agency, a school district, an
9-2 open-enrollment charter school, a private school, a regional
9-3 education service center, a shared services arrangement, or an
9-4 employee of the board, district, school, service center, or shared
9-5 services arrangement is not civilly or criminally liable for making
9-6 a report required under this subchapter.
9-7 SECTION 4. Subchapter B, Chapter 21, Education Code, is
9-8 amended by adding Section 21.0461 to read as follows:
9-9 Sec. 21.0461. SUSPENSION OR REVOCATION OF CERTIFICATION AS
9-10 SUPERINTENDENT OR PRINCIPAL. The board may suspend or revoke the
9-11 certification of a person as a superintendent or principal who
9-12 fails to carry out duties under Section 22.083(c) or 22.0851.
9-13 SECTION 5. Section 521.022(f), Transportation Code, is
9-14 repealed.
9-15 SECTION 6. Beginning September 1, 1999, the State Board for
9-16 Educator Certification shall obtain, in compliance with Section
9-17 22.082(a), Education Code, as amended by this Act, national and
9-18 state criminal history record information relating to each person
9-19 who holds a certificate issued under Subchapter B, Chapter 21,
9-20 Education Code, and each person who submits an application for a
9-21 certificate under that subchapter on or after that date.
9-22 SECTION 7. (a) Beginning September 1, 1999, a school
9-23 district, open-enrollment charter school, private school, regional
9-24 education service center, or shared services arrangement shall
9-25 obtain, in compliance with Section 22.083(a), Education Code, as
9-26 amended by this Act, national and state criminal history record
9-27 information relating to each person the district, school, service
10-1 center, or shared services arrangement intends to employ in any
10-2 capacity and each person who has indicated in writing an intention
10-3 to serve as a volunteer.
10-4 (b) Not later than January 1, 2000, a school district,
10-5 open-enrollment charter school, private school, regional education
10-6 service center, or shared services arrangement shall obtain
10-7 national and state criminal history record information relating to
10-8 each person initially employed by the district, school, service
10-9 center, or shared services arrangement before September 1, 1999,
10-10 other than a person who is the holder of a certificate issued under
10-11 Subchapter B, Chapter 21, Education Code, or who submits an
10-12 application for a certificate under that subchapter on or after
10-13 September 1, 1999. The district, school, service center, or shared
10-14 services arrangement shall provide the information to the Texas
10-15 Education Agency as soon as practicable after obtaining the
10-16 information.
10-17 SECTION 8. This Act takes effect September 1, 1999.
10-18 SECTION 9. The importance of this legislation and the
10-19 crowded condition of the calendars in both houses create an
10-20 emergency and an imperative public necessity that the
10-21 constitutional rule requiring bills to be read on three several
10-22 days in each house be suspended, and this rule is hereby suspended.