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.