| |
| |
|
|
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) date 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. |
|
|
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. |