By:  Shapleigh                                        S.B. No. 1380
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to review of criminal history record information of
 1-2     certified public school educators, persons admitted to educator
 1-3     preparation programs, and persons seeking educator certification
 1-4     and to designation of State Board for Educator Certification
 1-5     investigators as peace officers.
 1-7           SECTION 1.  Section 21.040, Education Code, is amended to
 1-8     read as follows:
 1-9           Sec. 21.040.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The
1-10     board shall:
1-11                 (1)  supervise the executive director's performance;
1-12                 (2)  approve an operating budget for the board and make
1-13     a request for appropriations;
1-14                 (3)  appoint the members of any advisory committee to
1-15     the board;
1-16                 (4)  for each class of educator certificate, appoint an
1-17     advisory committee composed of members of that class to recommend
1-18     standards for that class to the board;
1-19                 (5)  provide to its members and employees, as often as
1-20     necessary, information regarding their qualifications for office or
1-21     employment under this chapter and their responsibilities under
1-22     applicable laws relating to standards of conduct for state officers
1-23     or employees;
1-24                 (6)  develop and implement policies that clearly define
 2-1     the respective responsibilities of the board and the board's staff;
 2-2                 (7)  file annually with the governor and the presiding
 2-3     officer of each house of the legislature a complete and detailed
 2-4     written report, in the form and within the time provided by the
 2-5     General Appropriations Act, accounting for all funds received and
 2-6     disbursed by the board during the preceding fiscal year; and
 2-7                 (8)  execute interagency contracts to perform routine
 2-8     administrative functions.
 2-9           (b)  The board may commission investigators employed by the
2-10     board as peace officers for the limited purpose of assisting the
2-11     board in administering this subchapter.
2-12           SECTION 2.  Section 22.082, Education Code, is amended to
2-13     read as follows:
2-15     BOARD FOR EDUCATOR CERTIFICATION.  (a)  The State Board for
2-16     Educator Certification shall obtain from the Department of Public
2-17     Safety of the State of Texas, the Federal Bureau of Investigation,
2-18     and any other law enforcement or criminal justice agency, as
2-19     necessary, all national and state criminal history record
2-20     information that relates to:
2-21                 (1)  a person admitted into an educator preparation
2-22     program approved under Section 21.045; or
2-23                 (2)  an applicant for or holder of a certificate issued
2-24     under Subchapter B, Chapter 21.
2-25           (b)  To enable the board to obtain the information required
2-26     by this section, each person described by Subsection (a) shall
 3-1     provide the board with:
 3-2                 (1)  the person's full legal name and any other names
 3-3     used by the person;
 3-4                 (2)  the person's sex, ethnicity, and date of birth;
 3-5     and
 3-6                 (3)  a complete set of the person's fingerprints,
 3-7     provided under procedures approved by the board.
 3-8           (c)  The board shall collect a fee from the person whose
 3-9     criminal history record information is obtained.  The amount of the
3-10     fee may not exceed the cost to the board of obtaining that
3-11     information.
3-12           SECTION 3.  Subsection (c), Section 22.083, Education Code,
3-13     is amended to read as follows:
3-14           (c)  The superintendent of a district or the director of an
3-15     open-enrollment charter school, private school, regional education
3-16     service center, or shared services arrangement shall [promptly]
3-17     notify the State Board for Educator Certification in writing not
3-18     later than the seventh day after the date [if] the person obtains
3-19     [or has knowledge of] information [showing] that an applicant for
3-20     or holder of a certificate issued under Subchapter B, Chapter 21,
3-21     has a reported criminal history.
3-22           SECTION 4.  Article 2.12, Code of Criminal Procedure, is
3-23     amended to read as follows:
3-24           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
3-25     officers:
3-26                 (1)  sheriffs and their deputies;
 4-1                 (2)  constables and deputy constables;
 4-2                 (3)  marshals or police officers of an incorporated
 4-3     city, town, or village;
 4-4                 (4)  rangers and officers commissioned by the Public
 4-5     Safety Commission and the Director of the Department of Public
 4-6     Safety;
 4-7                 (5)  investigators of the district attorneys', criminal
 4-8     district attorneys', and county attorneys' offices;
 4-9                 (6)  law enforcement agents of the Texas Alcoholic
4-10     Beverage Commission;
4-11                 (7)  each member of an arson investigating unit
4-12     commissioned by a city, a county, or the state;
4-13                 (8)  officers commissioned under Section 37.081,
4-14     Education Code, or Subchapter E, Chapter 51, Education Code;
4-15                 (9)  officers commissioned by the General Services
4-16     Commission;
4-17                 (10)  law enforcement officers commissioned by the
4-18     Parks and Wildlife Commission;
4-19                 (11)  airport police officers commissioned by a city
4-20     with a population of more than one million, according to the most
4-21     recent federal census, that operates an airport that serves
4-22     commercial air carriers;
4-23                 (12)  airport security personnel commissioned as peace
4-24     officers by the governing body of any political subdivision of this
4-25     state, other than a city described by Subdivision (11), that
4-26     operates an airport that serves commercial air carriers;
 5-1                 (13)  municipal park and recreational patrolmen and
 5-2     security officers;
 5-3                 (14)  security officers commissioned as peace officers
 5-4     by the comptroller;
 5-5                 (15)  officers commissioned by a water control and
 5-6     improvement district under Section 49.216, Water Code;
 5-7                 (16)  officers commissioned by a board of trustees
 5-8     under Chapter 341, Acts of the 57th Legislature, Regular Session,
 5-9     1961 (Article 1187f, Vernon's Texas Civil Statutes);
5-10                 (17)  investigators commissioned by the Texas State
5-11     Board of Medical Examiners;
5-12                 (18)  officers commissioned by the board of managers of
5-13     the Dallas County Hospital District, the Tarrant County Hospital
5-14     District, or the Bexar County Hospital District under Section
5-15     281.057, Health and Safety Code;
5-16                 (19)  county park rangers commissioned under Subchapter
5-17     E, Chapter 351, Local Government Code;
5-18                 (20)  investigators employed by the Texas Racing
5-19     Commission;
5-20                 (21)  officers commissioned by the State Board of
5-21     Pharmacy;
5-22                 (22)  officers commissioned by the governing body of a
5-23     metropolitan rapid transit authority under Section 451.108,
5-24     Transportation Code, or by a regional transportation authority
5-25     under Section 452.110, Transportation Code;
5-26                 (23)  investigators commissioned by the attorney
 6-1     general under Section 402.009, Government Code;
 6-2                 (24)  security officers and investigators commissioned
 6-3     as peace officers under Chapter 466, Government Code;
 6-4                 (25)  an officer employed by the Texas Department of
 6-5     Health under Section 431.2471, Health and Safety Code;
 6-6                 (26)  officers appointed by an appellate court under
 6-7     Subchapter F, Chapter 53, Government Code;
 6-8                 (27)  officers commissioned by the state fire marshal
 6-9     under Chapter 417, Government Code;
6-10                 (28)  an investigator commissioned by the commissioner
6-11     of insurance under Article 1.10D, Insurance Code; [and]
6-12                 (29)  apprehension specialists commissioned by the
6-13     Texas Youth Commission as officers under Section 61.0931, Human
6-14     Resources Code; and
6-15                 (30)  investigators commissioned by the State Board for
6-16     Educator Certification under Section 21.040(b), Education Code.
6-17           SECTION 5.  Section 411.090, Government Code, is amended to
6-18     read as follows:
6-20     STATE BOARD FOR EDUCATOR CERTIFICATION.  (a)  The State Board for
6-21     Educator Certification is entitled to obtain from the department
6-22     any criminal history record information maintained by the
6-23     department about a person who has been admitted into an educator
6-24     preparation program approved under Section 21.045, Education Code,
6-25     or who has applied to the board for or holds a certificate under
6-26     Subchapter B, Chapter 21, Education Code.  After providing initial
 7-1     criminal history record information to the board about a person
 7-2     described by this subsection, the department shall retain the
 7-3     person's fingerprints and other identifying data and shall notify
 7-4     the board if the department subsequently receives criminal history
 7-5     record information about the person.
 7-6           (b)  Criminal history record information obtained by the
 7-7     board under Subsection (a):
 7-8                 (1)  may be used for any purpose related to the
 7-9     issuance, denial, suspension, or cancellation of a certificate
7-10     issued by the board;
7-11                 (2)  may not be released to any person except on court
7-12     order or with the consent of the person who is the subject of the
7-13     information [applicant for a certificate]; and
7-14                 (3)  shall be destroyed by the board after the
7-15     information is used for the authorized purposes.
7-16           SECTION 6.  The State Board for Educator Certification, the
7-17     Texas Education Agency, and the Department of Public Safety of the
7-18     State of Texas shall conduct a joint study of the methods and costs
7-19     associated with requiring superintendents of school districts and
7-20     directors of open-enrollment charter schools, private schools,
7-21     regional education service centers, and shared services
7-22     arrangements to obtain state and national criminal history record
7-23     information for all current and new employees and volunteers.  Not
7-24     later than June 1, 2000, those agencies shall submit a joint report
7-25     of the results of the study to the lieutenant governor, the speaker
7-26     of the house of representatives, and the presiding officers of the
 8-1     senate standing committees on education and finance and the house
 8-2     standing committees on public education and appropriations.
 8-3           SECTION 7.  Beginning January 1, 2000, the State Board for
 8-4     Educator Certification shall obtain, in compliance with Subsection
 8-5     (a), Section 22.082, Education Code, as amended by this Act,
 8-6     national and state criminal history record information relating to
 8-7     each person who, on or after that date:
 8-8                 (1)  submits an application for a certificate issued
 8-9     under Subchapter B, Chapter 21, Education Code; or
8-10                 (2)  is admitted into an educator preparation program
8-11     approved under Section 21.045, Education Code.
8-12           SECTION 8.  Except as provided by Section 9 of this Act, this
8-13     Act takes effect September 1, 1999.
8-14           SECTION 9.  This Act takes effect only if a specific
8-15     appropriation for the implementation of this Act is provided in
8-16     H.B. No. 1 (General Appropriations Act), Acts of the 76th
8-17     Legislature, Regular Session, 1999.  If no specific appropriation
8-18     is provided in H.B. No. 1, the General Appropriations Act, this Act
8-19     has no effect.
8-20           SECTION 10.  The importance of this legislation and the
8-21     crowded condition of the calendars in both houses create an
8-22     emergency and an imperative public necessity that the
8-23     constitutional rule requiring bills to be read on three several
8-24     days in each house be suspended, and this rule is hereby suspended.
8-25                          COMMITTEE AMENDMENT NO. 1
8-26           Amend S.B. No. 1380 as follows:
 9-1           (1)  In SECTION 2 of the bill, in amended Section 22.082(a),
 9-2     Education Code (engrossed version, page 2, line 22), strike "or".
 9-3           (2)  In SECTION 2 of the bill, in amended Section 22.082(a),
 9-4     Education Code (engrossed version, page 2, lines 23 and 24), strike
 9-5     Subdivision (2) and substitute the following:
 9-6                 (2)  an applicant for [or holder of] a certificate
 9-7     issued under Subchapter B, Chapter 21; or
 9-8                 (3)  a holder of a certificate issued under Subchapter
 9-9     B, Chapter 21, who is the subject of an investigation under Section
9-10     21.041(b)(7).
9-11           and amend S.B. 1380 as follows:
9-12           In Section 2 of the bill, line 8, page 3, strike the word
9-13     shall, and insert may.
9-14                                                                Oliveira