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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal background checks for certain persons employed |
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by certain public school contractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.0834, Education Code, is amended by |
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amending Subsections (a-1) and (k) and adding Subsection (g-1) to |
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read as follows: |
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(a-1) Except as provided by Subsection (g-1), this [This] |
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section does not apply to: |
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(1) a contracting entity, subcontracting entity, or |
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other person subject to Section 22.08341; |
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(2) a contracting entity or a subcontractor of that |
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entity that contracts with a school district, open-enrollment |
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charter school, or shared services arrangement to provide |
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off-campus instructional services to students, including: |
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(A) internships; |
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(B) externships; |
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(C) service learning programs; and |
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(D) industry or career certification programs; |
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or |
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(3) a public junior college that contracts directly |
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with a school district, open-enrollment charter school, or shared |
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services arrangement to provide dual credit courses to district or |
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school students. |
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(g-1) An entity described by Subsection (a-1)(2) or (3) |
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shall provide the school district, open-enrollment charter school, |
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or shared services arrangement with which it has contracted written |
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confirmation that the entity has obtained criminal history record |
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information from a law enforcement or criminal justice agency or a |
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private entity that is a consumer reporting agency governed by the |
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Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) relating |
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to each employee that: |
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(1) has continuing duties related to the contracted |
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services; and |
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(2) has direct contact with students. |
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(k) Except as provided by Subsection (a-1), the [The] |
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requirements of this section apply to an entity that contracts |
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directly with a school district, open-enrollment charter school, or |
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shared services arrangement and any subcontractor of the entity. |
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SECTION 2. Section 22.0834, Education Code, as amended by |
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this Act, applies only to a contract executed on or after the |
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effective date of this Act. A contract executed before the |
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effective date of this Act is governed by the law in effect on the |
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date the contract was executed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |