1-1 By: Shapleigh S.B. No. 1380
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Education; May 3, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 5, Nays 0; May 3, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1380 By: Zaffirini
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to review of criminal history record information of
1-10 certified public school educators, persons admitted to educator
1-11 preparation programs, and persons seeking educator certification
1-12 and to designation of State Board for Educator Certification
1-13 investigators as peace officers.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 21.040, Education Code, is amended to
1-16 read as follows:
1-17 Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. (a) The
1-18 board shall:
1-19 (1) supervise the executive director's performance;
1-20 (2) approve an operating budget for the board and make
1-21 a request for appropriations;
1-22 (3) appoint the members of any advisory committee to
1-23 the board;
1-24 (4) for each class of educator certificate, appoint an
1-25 advisory committee composed of members of that class to recommend
1-26 standards for that class to the board;
1-27 (5) provide to its members and employees, as often as
1-28 necessary, information regarding their qualifications for office or
1-29 employment under this chapter and their responsibilities under
1-30 applicable laws relating to standards of conduct for state officers
1-31 or employees;
1-32 (6) develop and implement policies that clearly define
1-33 the respective responsibilities of the board and the board's staff;
1-34 (7) file annually with the governor and the presiding
1-35 officer of each house of the legislature a complete and detailed
1-36 written report, in the form and within the time provided by the
1-37 General Appropriations Act, accounting for all funds received and
1-38 disbursed by the board during the preceding fiscal year; and
1-39 (8) execute interagency contracts to perform routine
1-40 administrative functions.
1-41 (b) The board may commission investigators employed by the
1-42 board as peace officers for the limited purpose of assisting the
1-43 board in administering this subchapter.
1-44 SECTION 2. Section 22.082, Education Code, is amended to
1-45 read as follows:
1-46 Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
1-47 BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
1-48 Educator Certification shall obtain from the Department of Public
1-49 Safety of the State of Texas, the Federal Bureau of Investigation,
1-50 and any other law enforcement or criminal justice agency, as
1-51 necessary, all national and state criminal history record
1-52 information that relates to:
1-53 (1) a person admitted into an educator preparation
1-54 program approved under Section 21.045; or
1-55 (2) an applicant for or holder of a certificate issued
1-56 under Subchapter B, Chapter 21.
1-57 (b) To enable the board to obtain the information required
1-58 by this section, each person described by Subsection (a) shall
1-59 provide the board with:
1-60 (1) the person's full legal name and any other names
1-61 used by the person;
1-62 (2) the person's sex, ethnicity, and date of birth;
1-63 and
1-64 (3) a complete set of the person's fingerprints,
2-1 provided under procedures approved by the board.
2-2 (c) The board shall collect a fee from the person whose
2-3 criminal history record information is obtained. The amount of the
2-4 fee may not exceed the cost to the board of obtaining that
2-5 information.
2-6 SECTION 3. Subsection (c), Section 22.083, Education Code,
2-7 is amended to read as follows:
2-8 (c) The superintendent of a district or the director of an
2-9 open-enrollment charter school, private school, regional education
2-10 service center, or shared services arrangement shall [promptly]
2-11 notify the State Board for Educator Certification in writing not
2-12 later than the seventh day after the date [if] the person obtains
2-13 [or has knowledge of] information [showing] that an applicant for
2-14 or holder of a certificate issued under Subchapter B, Chapter 21,
2-15 has a reported criminal history.
2-16 SECTION 4. Article 2.12, Code of Criminal Procedure, is
2-17 amended to read as follows:
2-18 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
2-19 officers:
2-20 (1) sheriffs and their deputies;
2-21 (2) constables and deputy constables;
2-22 (3) marshals or police officers of an incorporated
2-23 city, town, or village;
2-24 (4) rangers and officers commissioned by the Public
2-25 Safety Commission and the Director of the Department of Public
2-26 Safety;
2-27 (5) investigators of the district attorneys', criminal
2-28 district attorneys', and county attorneys' offices;
2-29 (6) law enforcement agents of the Texas Alcoholic
2-30 Beverage Commission;
2-31 (7) each member of an arson investigating unit
2-32 commissioned by a city, a county, or the state;
2-33 (8) officers commissioned under Section 37.081,
2-34 Education Code, or Subchapter E, Chapter 51, Education Code;
2-35 (9) officers commissioned by the General Services
2-36 Commission;
2-37 (10) law enforcement officers commissioned by the
2-38 Parks and Wildlife Commission;
2-39 (11) airport police officers commissioned by a city
2-40 with a population of more than one million, according to the most
2-41 recent federal census, that operates an airport that serves
2-42 commercial air carriers;
2-43 (12) airport security personnel commissioned as peace
2-44 officers by the governing body of any political subdivision of this
2-45 state, other than a city described by Subdivision (11), that
2-46 operates an airport that serves commercial air carriers;
2-47 (13) municipal park and recreational patrolmen and
2-48 security officers;
2-49 (14) security officers commissioned as peace officers
2-50 by the comptroller;
2-51 (15) officers commissioned by a water control and
2-52 improvement district under Section 49.216, Water Code;
2-53 (16) officers commissioned by a board of trustees
2-54 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-55 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-56 (17) investigators commissioned by the Texas State
2-57 Board of Medical Examiners;
2-58 (18) officers commissioned by the board of managers of
2-59 the Dallas County Hospital District, the Tarrant County Hospital
2-60 District, or the Bexar County Hospital District under Section
2-61 281.057, Health and Safety Code;
2-62 (19) county park rangers commissioned under Subchapter
2-63 E, Chapter 351, Local Government Code;
2-64 (20) investigators employed by the Texas Racing
2-65 Commission;
2-66 (21) officers commissioned by the State Board of
2-67 Pharmacy;
2-68 (22) officers commissioned by the governing body of a
2-69 metropolitan rapid transit authority under Section 451.108,
3-1 Transportation Code, or by a regional transportation authority
3-2 under Section 452.110, Transportation Code;
3-3 (23) investigators commissioned by the attorney
3-4 general under Section 402.009, Government Code;
3-5 (24) security officers and investigators commissioned
3-6 as peace officers under Chapter 466, Government Code;
3-7 (25) an officer employed by the Texas Department of
3-8 Health under Section 431.2471, Health and Safety Code;
3-9 (26) officers appointed by an appellate court under
3-10 Subchapter F, Chapter 53, Government Code;
3-11 (27) officers commissioned by the state fire marshal
3-12 under Chapter 417, Government Code;
3-13 (28) an investigator commissioned by the commissioner
3-14 of insurance under Article 1.10D, Insurance Code; [and]
3-15 (29) apprehension specialists commissioned by the
3-16 Texas Youth Commission as officers under Section 61.0931, Human
3-17 Resources Code; and
3-18 (30) investigators commissioned by the State Board for
3-19 Educator Certification under Section 21.040(b), Education Code.
3-20 SECTION 5. Section 411.090, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
3-23 STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
3-24 Educator Certification is entitled to obtain from the department
3-25 any criminal history record information maintained by the
3-26 department about a person who has been admitted into an educator
3-27 preparation program approved under Section 21.045, Education Code,
3-28 or who has applied to the board for or holds a certificate under
3-29 Subchapter B, Chapter 21, Education Code. After providing initial
3-30 criminal history record information to the board about a person
3-31 described by this subsection, the department shall retain the
3-32 person's fingerprints and other identifying data and shall notify
3-33 the board if the department subsequently receives criminal history
3-34 record information about the person.
3-35 (b) Criminal history record information obtained by the
3-36 board under Subsection (a):
3-37 (1) may be used for any purpose related to the
3-38 issuance, denial, suspension, or cancellation of a certificate
3-39 issued by the board;
3-40 (2) may not be released to any person except on court
3-41 order or with the consent of the person who is the subject of the
3-42 information [applicant for a certificate]; and
3-43 (3) shall be destroyed by the board after the
3-44 information is used for the authorized purposes.
3-45 SECTION 6. The State Board for Educator Certification, the
3-46 Texas Education Agency, and the Department of Public Safety of the
3-47 State of Texas shall conduct a joint study of the methods and costs
3-48 associated with requiring superintendents of school districts and
3-49 directors of open-enrollment charter schools, private schools,
3-50 regional education service centers, and shared services
3-51 arrangements to obtain state and national criminal history record
3-52 information for all current and new employees and volunteers. Not
3-53 later than June 1, 2000, those agencies shall submit a joint report
3-54 of the results of the study to the lieutenant governor, the speaker
3-55 of the house of representatives, and the presiding officers of the
3-56 senate standing committees on education and finance and the house
3-57 standing committees on public education and appropriations.
3-58 SECTION 7. Beginning January 1, 2000, the State Board for
3-59 Educator Certification shall obtain, in compliance with Subsection
3-60 (a), Section 22.082, Education Code, as amended by this Act,
3-61 national and state criminal history record information relating to
3-62 each person who, on or after that date:
3-63 (1) submits an application for a certificate issued
3-64 under Subchapter B, Chapter 21, Education Code; or
3-65 (2) is admitted into an educator preparation program
3-66 approved under Section 21.045, Education Code.
3-67 SECTION 8. This Act takes effect September 1, 1999.
3-68 SECTION 9. The importance of this legislation and the
3-69 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
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