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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of criminal history record information |
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regarding public school employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.082(2), Government Code, is amended |
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to read as follows: |
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(2) "Criminal history record information" means |
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information collected about a person by a criminal justice agency |
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that consists of identifiable descriptions and notations of |
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arrests, detentions, indictments, informations, and other formal |
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criminal charges and their dispositions, and any identification |
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information that could reveal the identity of a person about whom |
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criminal history record information is requested. The term does not |
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refer to any specific document produced to comply with this chapter |
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but to the information contained in a document, in whole or in part, |
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in the document's original form or any subsequent form or use. The |
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term does not include: |
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(A) identification information, including |
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fingerprint records, to the extent that the identification |
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information does not directly or indirectly indicate or imply |
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involvement of the person in the criminal justice system; or |
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(B) driving record information maintained by the |
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department under Subchapter C, Chapter 521, Transportation Code. |
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SECTION 2. Sections 411.090(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Criminal history record information obtained by the |
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board in the original form or any subsequent form [under Subsection
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(a)]: |
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(1) may be used only for a [any] purpose related to the |
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issuance, denial, suspension, or cancellation of a certificate |
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issued by the board; |
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(2) may not be released to any person except: |
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(A) the person who is the subject of the |
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information; |
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(B) the Texas Education Agency; |
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(C) a local or regional educational entity as |
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provided by Section 411.097; or |
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(D) by [on] court order [or with the consent of
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the applicant for a certificate]; [and] |
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(3) is not subject to disclosure as provided by |
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Chapter 552; and |
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(4) shall be destroyed by the board after the |
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information is used for the authorized purposes. |
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(c) The department shall notify the State Board for Educator |
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Certification of the arrest of any educator, as defined by Section |
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5.001, Education Code, who has fingerprints on file with the |
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department. Any record of the notification and any information |
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contained in the notification is criminal history record |
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information subject to Subsection (b). |
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SECTION 3. Section 411.0901, Government Code, is amended to |
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read as follows: |
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Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education |
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Agency is entitled to obtain criminal history record information |
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maintained by the department about a person who: |
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(1) is employed or is an applicant for employment by a |
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school district or open-enrollment charter school; |
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(2) is employed or is an applicant for employment by a |
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shared services arrangement, if the employee's or applicant's |
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duties are or will be performed on school property or at another |
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location where students are regularly present; or |
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(3) is employed or is an applicant for employment by an |
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entity that contracts with a school district, open-enrollment |
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charter school, or shared services arrangement if: |
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(A) the employee or applicant has or will have |
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continuing duties relating to the contracted services; and |
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(B) the employee or applicant has or will have |
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direct contact with students. |
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(b) Criminal history record information obtained by the |
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agency in the original form or any subsequent form: |
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(1) may be used only for a purpose authorized by the |
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Education Code; |
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(2) may not be released to any person except: |
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(A) the person who is the subject of the |
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information; |
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(B) the State Board for Educator Certification; |
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(C) a local or regional educational entity as |
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provided by Section 411.097; or |
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(D) by court order; |
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(3) is not subject to disclosure as provided by |
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Chapter 552; and |
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(4) shall be destroyed by the agency after the |
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information is used for the authorized purposes. |
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SECTION 4. Section 411.097, Government Code, is amended by |
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amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) Criminal history record information obtained by a |
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school district, charter school, private school, service center, |
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commercial transportation company, or shared services arrangement |
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in the original form or any subsequent form: |
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(1) [under Subsection (a), (b), or (c)] may not be |
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released [or disclosed] to any person except: |
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(A) [, other than] the individual who is the |
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subject of the information; |
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(B) [,] the Texas Education Agency; |
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(C) [,] the State Board for Educator |
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Certification; |
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(D) [, or] the chief personnel officer of the |
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transportation company, if the information is obtained under |
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Subsection (a)(2); or |
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(E) by court order; |
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(2) is not subject to disclosure as provided by |
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Chapter 552; and |
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(3) shall be destroyed by the school district, charter |
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school, private school, service center, commercial transportation |
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company, or shared services arrangement on the earlier of: |
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(A) the first anniversary of the date the |
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information was originally obtained; or |
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(B) the date the information is used for the |
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authorized purpose. |
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(f) An employee of a school district, charter school, |
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private school, regional education service center, commercial |
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transportation company, or education shared services arrangement |
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or an entity that contracts to provide services to a school |
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district, charter school, or shared services arrangement may |
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request from the employer a copy of any criminal history record |
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information relating to that employee that the employer has |
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obtained as provided by Subchapter C, Chapter 22, Education Code. |
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The employer may charge a fee to an employee requesting a copy of |
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the information in an amount not to exceed the actual cost of |
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copying the requested criminal history record information. |
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SECTION 5. Subchapter C, Chapter 22, Education Code, is |
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amended by adding Section 22.08391 to read as follows: |
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Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a) |
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Information collected about a person to comply with this |
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subchapter, including the person's name, address, phone number, |
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social security number, driver's license number, other |
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identification number, and fingerprint records: |
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(1) may not be released except: |
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(A) to comply with this subchapter; |
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(B) by court order; or |
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(C) with the consent of the person who is the |
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subject of the information; |
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(2) is not subject to disclosure as provided by |
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Chapter 552, Government Code; and |
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(3) shall be destroyed by the requestor or any |
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subsequent holder of the information not later than the first |
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anniversary of the date the information is received. |
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(b) Any criminal history record information received by the |
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State Board for Educator Certification as provided by this |
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subchapter is subject to Section 411.090(b), Government Code. |
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(c) Any criminal history record information received by the |
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agency as provided by this subchapter is subject to Section |
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411.0901(b), Government Code. |
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(d) Any criminal history record information received by a |
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school district, charter school, private school, regional |
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education service center, commercial transportation company, or |
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education shared services arrangement or an entity that contracts |
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to provide services to a school district, charter school, or shared |
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services arrangement as provided by this subchapter is subject to |
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Section 411.097(d), Government Code. |
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SECTION 6. The change in law made by this Act applies to |
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information collected, assembled, or maintained before, on, or |
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after the effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |