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A BILL TO BE ENTITLED
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AN ACT
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relating to the ineligibility for employment by a school district, |
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open-enrollment charter school, or shared services arrangement of |
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persons convicted of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.085(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) A school district, open-enrollment charter school, or |
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shared services arrangement shall discharge or refuse to hire an |
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employee or applicant for employment, including a person who is |
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under 18 years of age or is enrolled in a public school, if the |
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district, school, or shared services arrangement obtains |
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information through a criminal history record information review or |
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other means that: |
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(1) the employee or applicant has been convicted of: |
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(A) a felony offense under Title 5, Penal Code; |
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or |
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(B) [an offense on conviction of which a
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defendant is required to register as a sex offender under Chapter
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62, Code of Criminal Procedure; or
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[(C)] an offense under the laws of another state |
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or federal law that is equivalent to an offense under Paragraph (A) |
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[or (B)]; and |
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(2) the employee or applicant for employment is |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure, or at the time the offense occurred, the victim |
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of the offense described by Subdivision (1) was under 18 years of |
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age or was enrolled in a public school. |
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(c) A school district, open-enrollment charter school, or |
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shared services arrangement may not allow a person who is an |
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employee of or applicant for employment by an entity that contracts |
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with the district, school, or shared services arrangement to serve |
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at the district or school or for the shared services arrangement if |
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the district, school, or shared services arrangement obtains |
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information described by Subsection (a) through a criminal history |
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record information review or other means concerning the employee or |
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applicant. A school district, open-enrollment charter school, or |
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shared services arrangement must ensure that an entity that the |
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district, school, or shared services arrangement contracts with for |
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services has obtained all criminal history record information as |
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required by Section 22.0834. |
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SECTION 2. 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. |