By: Wise H.B. No. 78
A BILL TO BE ENTITLED
AN ACT
relating to criminal history records of and disclosure of certain
conduct by employees, volunteers, and prospective employees and
volunteers of certain educational entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.082, Education Code, is amended to
read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
Educator Certification shall obtain from the Federal Bureau of
Investigation and any other law enforcement or criminal justice
agency, as necessary, all national and state criminal history
record information that relates to an applicant for or holder of a
certificate issued under Subchapter B, Chapter 21.
(b) The board may collect a fee from the person whose
criminal history record information is obtained. The amount of the
fee may not exceed the cost to the board of obtaining that
information.
SECTION 2. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.0821 to read as follows:
Sec. 22.0821. AFFIDAVIT BY POTENTIAL EMPLOYEE OR VOLUNTEER
CONCERNING CRIMINAL HISTORY AND OTHER CONDUCT. (a) A school
district, open-enrollment charter school, private school, regional
education service center, or shared services arrangement shall
require an affidavit that complies with this section from each
person who:
(1) has applied for employment in any capacity with
the district, school, service center, or shared services
arrangement; or
(2) has indicated, in writing, an intention to serve
as a volunteer with the district, school, service center, or shared
services arrangement.
(b) An affidavit under this section must be in the following
form:
AFFIDAVIT
I, ___________, swear or affirm under oath and penalty of
perjury that, except as listed below, I have not at any time, either
as an adult or juvenile:
(1) been convicted of an offense posing a risk of harm
to children, including:
(A) a felony;
(B) rape or sexual assault;
(C) physical, sexual, or emotional abuse or
neglect of a minor;
(D) incest;
(E) exploitation, including sexual exploitation,
of a minor;
(F) sexual misconduct with a minor;
(G) molestation of a child;
(H) lewdness or indecent exposure;
(I) lewd or lascivious behavior;
(J) possession, distribution, or sale of obscene
or pornographic literature, photographs, or videotapes;
(K) assault, battery, or any violent offense
involving a minor;
(L) endangerment of a child;
(M) a misdemeanor or other offense involving a
minor or to which a minor was a witness;
(N) removing a child from a state or concealing a
child in violation of a court order; or
(O) any type of child abduction;
(2) pleaded guilty to an offense listed in item (1) of
this paragraph, regardless of whether the plea resulted in a
conviction;
(3) pleaded nolo contendere or no contest to an
offense listed in item (1) of this paragraph;
(4) admitted engaging in conduct constituting an
offense listed in item (1) of this paragraph;
(5) had any judgment or order entered against me, by
default or otherwise, in connection with:
(A) an offense listed in item (1) of this
paragraph;
(B) conduct constituting an offense listed in
item (1) of this paragraph;
(C) a finding of unfitness as a parent or
custodian; or
(D) a restriction or limitation on contact or
visitation with children or minors;
(6) entered into a settlement of an action or claim in
connection with an offense, conduct, or an order described by item
(5) of this paragraph;
(7) had a license or certification suspended or
revoked in connection with an offense, conduct, or an order
described by item (5) of this paragraph;
(8) had employment or a position as a volunteer
suspended, terminated, or adversely affected in connection with an
offense, conduct, or an order described by item (5) of this
paragraph;
(9) resigned under threat of termination of employment
or of a position as a volunteer in connection with an offense,
conduct, or an order described by item (5) of this paragraph;
(10) been diagnosed as having or been treated for any
mental or emotional condition in connection with an offense,
conduct, or an order described by item (5) of this paragraph; or
(11) had a report of child abuse or neglect made or
substantiated against me.
I further swear or affirm that, except as listed below, I do
not now have any pending criminal charges against me in this or any
other jurisdiction for an offense listed in item (1) of the
preceding paragraph.
EXCEPTIONS: (list each incident, including location,
description, and date; if none, write "None")
Signed________________________ Date__________________
Subscribed and sworn to or affirmed before me on the _____ day
of ______________, ______.
(Signature and seal of notary public)
SECTION 3. Section 22.083, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement shall [may] obtain from the Federal Bureau of
Investigation and any other law enforcement or criminal justice
agency, as necessary, all national and state criminal history
record information that relates to a person:
(1) whom the district, school, service center, or
shared services arrangement intends to employ in any capacity,
unless the person was initially certified by the State Board for
Educator Certification in the year preceding the initial date of
prospective employment; or
(2) who has indicated, in writing, an intention to
serve as a volunteer with the district, school, service center, or
shared services arrangement.
(d) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may collect a fee from the person whose
criminal history record information is obtained. The amount of the
fee may not exceed the cost of obtaining that information.
SECTION 4. (a) Beginning September 1, 2003, the State
Board for Educator Certification shall obtain, in compliance with
Section 22.082(a), Education Code, as amended by this Act, national
and state criminal history record information relating to each
person who submits an application for a certificate issued under
Subchapter B, Chapter 21, Education Code, on or after that date.
(b) Beginning September 1, 2003, a school district,
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall obtain, in
compliance with Section 22.0821, Education Code, as added by this
Act, an affidavit concerning criminal history and other conduct
from each prospective employee or volunteer.
(c) Not later than October 1, 2003, a school district,
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall obtain an
affidavit concerning criminal history and other conduct that
complies with Section 22.0821, Education Code, as added by this
Act, from each employee or volunteer serving the district, school,
service center, or shared services arrangement before September 1,
2001.
(d) Beginning September 1, 2003, a school district,
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall obtain, in
compliance with Section 22.083(a), Education Code, as amended by
this Act, national and state criminal history record information
relating to each prospective employee or volunteer.
(e) Not later than January 1, 2004, a school district shall
obtain national and state criminal history record information
relating to each person initially employed by the district on or
after May 15, 1999, and before September 1, 2003, and to each person
initially serving as a volunteer with the district before September
1, 2003. This subsection does not require a district to obtain:
(1) criminal history record information relating to a
person who will not be employed by or serving as a volunteer with
the district after January 1, 2004; or
(2) updated criminal history record information
relating to a person employed by the district if the district
obtained information at the time the person was initially employed
and the person has been continuously employed by the district.
SECTION 5. This Act takes effect September 1, 2003.