By Wise H.B. No. 361
77R1918 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history records of and disclosure of certain
1-3 conduct by employees, volunteers, and prospective employees and
1-4 volunteers of certain educational entities.
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 may 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. Subchapter C, Chapter 22, Education Code, is
1-20 amended by adding Section 22.0821 to read as follows:
1-21 Sec. 22.0821. AFFIDAVIT BY POTENTIAL EMPLOYEE OR VOLUNTEER
1-22 CONCERNING CRIMINAL HISTORY AND OTHER CONDUCT. (a) A school
1-23 district, open-enrollment charter school, private school, regional
1-24 education service center, or shared services arrangement shall
2-1 require an affidavit that complies with this section from each
2-2 person who:
2-3 (1) has applied for employment in any capacity with
2-4 the district, school, service center, or shared services
2-5 arrangement; or
2-6 (2) has indicated, in writing, an intention to serve
2-7 as a volunteer with the district, school, service center, or shared
2-8 services arrangement.
2-9 (b) An affidavit under this section must be in the following
2-10 form:
2-11 AFFIDAVIT
2-12 I, ___________, swear or affirm under oath and penalty of
2-13 perjury that, except as listed below, I have not at any time,
2-14 either as an adult or juvenile:
2-15 (1) been convicted of an offense posing a risk of harm
2-16 to children, including:
2-17 (A) a felony;
2-18 (B) rape or sexual assault;
2-19 (C) physical, sexual, or emotional abuse or
2-20 neglect of a minor;
2-21 (D) incest;
2-22 (E) exploitation, including sexual exploitation,
2-23 of a minor;
2-24 (F) sexual misconduct with a minor;
2-25 (G) molestation of a child;
2-26 (H) lewdness or indecent exposure;
2-27 (I) lewd or lascivious behavior;
3-1 (J) possession, distribution, or sale of obscene
3-2 or pornographic literature, photographs, or videotapes;
3-3 (K) assault, battery, or any violent offense
3-4 involving a minor;
3-5 (L) endangerment of a child;
3-6 (M) a misdemeanor or other offense involving a
3-7 minor or to which a minor was a witness;
3-8 (N) removing a child from a state or concealing
3-9 a child in violation of a court order; or
3-10 (O) any type of child abduction;
3-11 (2) pleaded guilty to an offense listed in item (1) of
3-12 this paragraph, regardless of whether the plea resulted in a
3-13 conviction;
3-14 (3) pleaded nolo contendere or no contest to an
3-15 offense listed in item (1) of this paragraph;
3-16 (4) admitted engaging in conduct constituting an
3-17 offense listed in item (1) of this paragraph;
3-18 (5) had any judgment or order entered against me, by
3-19 default or otherwise, in connection with:
3-20 (A) an offense listed in item (1) of this
3-21 paragraph;
3-22 (B) conduct constituting an offense listed in
3-23 item (1) of this paragraph;
3-24 (C) a finding of unfitness as a parent or
3-25 custodian; or
3-26 (D) a restriction or limitation on contact or
3-27 visitation with children or minors;
4-1 (6) entered into a settlement of an action or claim in
4-2 connection with an offense, conduct, or an order described by item
4-3 (5) of this paragraph;
4-4 (7) had a license or certification suspended or
4-5 revoked in connection with an offense, conduct, or an order
4-6 described by item (5) of this paragraph;
4-7 (8) had employment or a position as a volunteer
4-8 suspended, terminated, or adversely affected in connection with an
4-9 offense, conduct, or an order described by item (5) of this
4-10 paragraph;
4-11 (9) resigned under threat of termination of employment
4-12 or of a position as a volunteer in connection with an offense,
4-13 conduct, or an order described by item (5) of this paragraph;
4-14 (10) been diagnosed as having or been treated for any
4-15 mental or emotional condition in connection with an offense,
4-16 conduct, or an order described by item (5) of this paragraph; or
4-17 (11) had a report of child abuse or neglect made or
4-18 substantiated against me.
4-19 I further swear or affirm that, except as listed below, I do
4-20 not now have any pending criminal charges against me in this or any
4-21 other jurisdiction for an offense listed in item (1) of the
4-22 preceding paragraph.
4-23 EXCEPTIONS: (list each incident, including location,
4-24 description, and date; if none, write "None")
4-25 Signed________________________ Date__________________
4-26 Subscribed and sworn to or affirmed before me on the _____
4-27 day of ______________, ______.
5-1 (Signature and seal of notary public)
5-2 SECTION 3. Section 22.083, Education Code, is amended by
5-3 amending Subsection (a) and adding Subsection (d) to read as
5-4 follows:
5-5 (a) A school district, open-enrollment charter school,
5-6 private school, regional education service center, or shared
5-7 services arrangement shall [may] obtain from the Federal Bureau of
5-8 Investigation and any other law enforcement or criminal justice
5-9 agency, as necessary, all national and state criminal history
5-10 record information that relates to a person:
5-11 (1) whom the district, school, service center, or
5-12 shared services arrangement intends to employ in any capacity,
5-13 unless the person was initially certified by the State Board for
5-14 Educator Certification in the year preceding the initial date of
5-15 prospective employment; or
5-16 (2) who has indicated, in writing, an intention to
5-17 serve as a volunteer with the district, school, service center, or
5-18 shared services arrangement.
5-19 (d) A school district, open-enrollment charter school,
5-20 private school, regional education service center, or shared
5-21 services arrangement may collect a fee from the person whose
5-22 criminal history record information is obtained. The amount of the
5-23 fee may not exceed the cost of obtaining that information.
5-24 SECTION 4. (a) Beginning September 1, 2001, the State Board
5-25 for Educator Certification shall obtain, in compliance with Section
5-26 22.082(a), Education Code, as amended by this Act, national and
5-27 state criminal history record information relating to each person
6-1 who submits an application for a certificate issued under
6-2 Subchapter B, Chapter 21, Education Code, on or after that date.
6-3 (b) Beginning September 1, 2001, a school district,
6-4 open-enrollment charter school, private school, regional education
6-5 service center, or shared services arrangement shall obtain, in
6-6 compliance with Section 22.0821, Education Code, as added by this
6-7 Act, an affidavit concerning criminal history and other conduct
6-8 from each prospective employee or volunteer.
6-9 (c) Not later than October 1, 2001, a school district,
6-10 open-enrollment charter school, private school, regional education
6-11 service center, or shared services arrangement shall obtain an
6-12 affidavit concerning criminal history and other conduct that
6-13 complies with Section 22.0821, Education Code, as added by this
6-14 Act, from each employee or volunteer serving the district, school,
6-15 service center, or shared services arrangement before September 1,
6-16 2001.
6-17 (d) Beginning September 1, 2001, a school district,
6-18 open-enrollment charter school, private school, regional education
6-19 service center, or shared services arrangement shall obtain, in
6-20 compliance with Section 22.083(a), Education Code, as amended by
6-21 this Act, national and state criminal history record information
6-22 relating to each prospective employee or volunteer.
6-23 (e) Not later than January 1, 2002, a school district shall
6-24 obtain national and state criminal history record information
6-25 relating to each person initially employed by the district on or
6-26 after May 15, 1999, and before September 1, 2001, and to each
6-27 person initially serving as a volunteer with the district before
7-1 September 1, 2001. This subsection does not require a district to
7-2 obtain:
7-3 (1) criminal history record information relating to a
7-4 person who will not be employed by or serving as a volunteer with
7-5 the district after January 1, 2002; or
7-6 (2) updated criminal history record information
7-7 relating to a person employed by the district if the district
7-8 obtained information at the time the person was initially employed
7-9 and the person has been continuously employed by the district.
7-10 SECTION 5. This Act takes effect September 1, 2001.