By Shapleigh S.B. No. 1380
76R7152 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 or persons
1-4 seeking to volunteer in a public school.
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 shall 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. Section 22.083, Education Code, is amended to
1-20 read as follows:
1-21 Sec. 22.083. Access to Criminal History Records by Local and
1-22 Regional Education Authorities. (a) A school district shall
1-23 obtain from the Federal Bureau of Investigation and any other law
1-24 enforcement or criminal justice agency, as necessary, all national
2-1 and state criminal history record information that relates to a
2-2 person the district intends to employ in any capacity, unless the
2-3 person was initially certified by the State Board for Educator
2-4 Certification in the year preceding the initial date of prospective
2-5 employment.
2-6 (b) An [A school district,] open-enrollment charter school,
2-7 private school, regional education service center, or shared
2-8 services arrangement may obtain from any law enforcement or
2-9 criminal justice agency all criminal history record information
2-10 that relates to a person[:]
2-11 [(1) whom] the [district,] school, service center, or
2-12 shared services arrangement intends to employ in any capacity[; or]
2-13 [(2) who has indicated, in writing, an intention to
2-14 serve as a volunteer with the district, school, service center, or
2-15 shared services arrangement].
2-16 (c) A school district, open-enrollment charter school,
2-17 private school, regional education service center, or shared
2-18 services arrangement may obtain from any law enforcement or
2-19 criminal justice agency all criminal history record information
2-20 that relates to a person who has indicated, in writing, an
2-21 intention to serve as a volunteer with the district, school,
2-22 service center, or shared services arrangement.
2-23 (d) [(b)] A school district, open-enrollment charter school,
2-24 private school, regional education service center, or shared
2-25 services arrangement may obtain from any law enforcement or
2-26 criminal justice agency all criminal history record information
2-27 that relates to:
3-1 (1) a volunteer or employee of the district, school,
3-2 service center, or shared services arrangement; or
3-3 (2) an employee of or applicant for employment by a
3-4 person that contracts with the district, school, service center, or
3-5 shared services arrangement to provide services, if:
3-6 (A) the employee or applicant has or will have
3-7 continuing duties related to the contracted services; and
3-8 (B) the duties are or will be performed on
3-9 school property or at another location where students are regularly
3-10 present.
3-11 (e) [(c)] The superintendent of a district or the director
3-12 of an open-enrollment charter school, private school, regional
3-13 education service center, or shared services arrangement shall
3-14 promptly notify the State Board for Educator Certification in
3-15 writing if the person obtains or has knowledge of information
3-16 showing that an applicant for or holder of a certificate issued
3-17 under Subchapter B, Chapter 21, has a reported criminal history.
3-18 (f) A school district, open-enrollment charter school,
3-19 private school, regional education service center, or shared
3-20 services arrangement shall collect a fee from an employee or
3-21 potential employee whose criminal history record information is
3-22 obtained. The amount of the fee may not exceed the cost of
3-23 obtaining that information.
3-24 (g) A school district, open-enrollment charter school,
3-25 private school, regional education service center, or shared
3-26 services arrangement may not collect a fee for the cost of
3-27 obtaining criminal history record information from a person serving
4-1 or intending to serve as a volunteer of the district, school,
4-2 service center, or shared services arrangement.
4-3 SECTION 3. Beginning September 1, 1999, the State Board for
4-4 Educator Certification shall obtain, in compliance with Section
4-5 22.082(a), Education Code, as amended by this Act, national and
4-6 state criminal history record information relating to each person
4-7 who submits an application for a certificate issued under
4-8 Subchapter B, Chapter 21, Education Code, on or after that date.
4-9 SECTION 4. (a) Beginning September 1, 1999, a school
4-10 district shall obtain, in compliance with Section 22.083(a),
4-11 Education Code, as amended by this Act, national and state criminal
4-12 history record information relating to each person the district
4-13 intends to employ in any capacity.
4-14 (b) Notwithstanding Section 22.083(d), Education Code, not
4-15 later than January 1, 2000, a school district shall obtain national
4-16 and state criminal history record information relating to each
4-17 person initially employed by the district on or after May 15, 1997,
4-18 and before September 1, 1999. This subsection does not require a
4-19 district to obtain:
4-20 (1) criminal history record information relating to a
4-21 person who will not be employed by the district after January 1,
4-22 2000; or
4-23 (2) updated criminal history record information
4-24 relating to a person if the district obtained information at the
4-25 time the person was initially employed and the person has been
4-26 continuously employed by the district.
4-27 SECTION 5. This Act takes effect September 1, 1999.
5-1 SECTION 6. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.