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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of an individual to a school district |
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board of managers by the commissioner of education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 39A, Education Code, is |
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amended by adding Section 39A.2045 to read as follows: |
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Sec. 39A.2045. CRIMINAL HISTORY RECORD INFORMATION REVIEW: |
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BOARD OF MANAGERS. (a) Before the commissioner appoints a board of |
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managers under this chapter, the agency shall review the criminal |
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history record information that relates to each person to be |
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appointed by the commissioner to serve as a member of that board. |
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(b) The agency is authorized to obtain from the Department |
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of Public Safety criminal history record information maintained by |
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the department as necessary to comply with Subsection (a). |
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(c) In addition to the information the agency is authorized |
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to obtain under Section 411.0901, Government Code, and this |
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section, the agency is authorized to request and obtain criminal |
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history record information through the Federal Bureau of |
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Investigation as provided by Section 411.087, Government Code. |
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(d) The agency shall adopt rules as necessary to implement |
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this section. |
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SECTION 2. Section 411.0901(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas Education Agency is entitled to obtain |
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criminal history record information maintained by the department |
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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; or |
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(4) is appointed or is to be appointed by the |
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commissioner of education to serve as a member of a board of |
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managers under Subchapter E, Chapter 39A, Education Code. |
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SECTION 3. 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, 2021. |