By: Patrick H.B. No. 2491

A BILL TO BE ENTITLED

AN ACT

relating to disclosure of certain personal information of applicants for employment with and current and former employees of public school entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 22, Education Code, is amended by adding Section 22.010 to read as follows:

Sec. 22.010. DISCLOSURE OF PERSONAL INFORMATION. (a) This section applies to information in the custody of a school district, open-enrollment charter school, or shared services arrangement that concerns an applicant for employment with or a person currently or formerly employed by the district, school, or shared services arrangement, including a substitute teacher or student teacher, and that:

(1) relates to the applicant's or employee's:

(A) home address;

(B) home telephone number;

(C) personal cellular phone number;

(D) day and month of birth;

(E) criminal history record information;

(F) driver's license number;

(G) personal electronic mail address; or

(H) social security number;

(2) reveals whether the applicant or employee has family members; or

(3) reveals whether the district, school, or shared services arrangement has obtained criminal history record information on the applicant or employee.

(b) Information described by Subsection (a):

(1) is not considered public information under Chapter 552, Government Code; and

(2) may be made accessible to the public by a school district, open-enrollment charter school, or shared services arrangement only if the applicant or employee to whom the information applies:

(A) provides written notice to the district, school, or shared services arrangement of the applicant's or employee's election to authorize public access to the information; and

(B) does not provide written rescission of the authorization.

(c) If a school district, open-enrollment charter school, or shared services arrangement receives a request under Chapter 552, Government Code, for access to information described by Subsection (a) and the applicant or employee to whom the information applies has not authorized public access to the information in accordance with Subsections (b)(2)(A) and (B), the district, school, or shared services arrangement is not required to accept or comply with the request or to seek an opinion from the attorney general under Subchapter G, Chapter 552, Government Code.

(d) This section does not apply to information filed with a county or district clerk.

(e) This section does not prohibit the State Board for Educator Certification, the agency, the Department of Public Safety, or another entity authorized under Subchapter C from conducting a criminal history record information review in accordance with that subchapter.

(f) Section 552.024, Government Code, does not apply to an applicant or employee to whom this section applies.

(g) On receipt of a request under Chapter 552, Government Code, for information indicating whether a criminal history record information review of a school employee or applicant has revealed that the employee or applicant has been convicted of an offense described by Section 21.058(a) or 22.085(a), the school district, open-enrollment charter school, or shared services arrangement shall disclose the requested information.

SECTION 2. Section 552.024, Government Code, is amended by adding Subsection (g) to read as follows:

(g) This section does not apply to a person to whom Section 22.010, Education Code, applies.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.