88R10128 MLH-F
 
  By: Noble H.B. No. 3198
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal history record information and certain
  registry information accessible to certain educational and
  child-care entities and information required for employment in
  certain child-care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.0825(b), Education Code, is amended
  to read as follows:
         (b)  The agency shall subscribe to the criminal history
  clearinghouse as provided by Section 411.0845, Government Code, and
  may obtain from any law enforcement or criminal justice agency all
  criminal history record information and all records contained in
  any closed criminal investigation file that relate to a specific
  applicant for employment or current or former employee of a school
  district, district of innovation, open-enrollment charter school,
  other charter entity, private school that is accredited by an
  accrediting agency that is a member of the Texas Private School
  Accreditation Commission, regional education service center, or
  shared services arrangement.
         SECTION 2.  Section 22.083, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A private school that is accredited by an accrediting
  agency that is a member of the Texas Private School Accreditation
  Commission may obtain the criminal history record information
  described by Subsection (b) from the agency.
         SECTION 3.  Section 22.092(d), Education Code, is amended to
  read as follows:
         (d)  The agency shall provide equivalent access to the
  registry maintained under this section to:
               (1)  private schools;
               (2)  public schools; [and]
               (3)  child-care facilities and family homes licensed,
  certified, registered, or listed under Chapter 42, Human Resources
  Code; and
               (4)  nonprofit teacher organizations approved by the
  commissioner for the purpose of participating in the tutoring
  program established under Section 33.913.
         SECTION 4.  Section 261.002, Family Code, is amended by
  amending Subsection (b) and adding Subsections (d), (e), and (f) to
  read as follows:
         (b)  The executive commissioner shall adopt rules necessary
  to carry out this section.  The rules shall:
               (1)  prohibit the department from making a finding of
  abuse or neglect against a person in a case in which the department
  is named managing conservator of a child who has a severe emotional
  disturbance only because the child's family is unable to obtain
  mental health services for the child;
               (2)  establish guidelines for reviewing the records in
  the registry and removing those records in which the department was
  named managing conservator of a child who has a severe emotional
  disturbance only because the child's family was unable to obtain
  mental health services for the child;
               (3)  require the department to remove a person's name
  from the central registry maintained under this section not later
  than the 10th business day after the date the department receives
  notice that a finding of abuse and neglect against the person is
  overturned in:
                     (A)  an administrative review or an appeal of the
  review conducted under Section 261.309(c);
                     (B)  a review or an appeal of the review conducted
  by the office of consumer affairs of the department; or
                     (C)  a hearing or an appeal conducted by the State
  Office of Administrative Hearings; [and]
               (4)  require the department to update any relevant
  department files to reflect an overturned finding of abuse or
  neglect against a person not later than the 10th business day after
  the date the finding is overturned in a review, hearing, or appeal
  described by Subdivision (3); and
               (5)  establish guidelines for providing access to the
  registry to entities as required by Subsection (d).
         (d)  The department shall provide access to the central
  registry maintained under this section to:
               (1)  a facility, home, or agency:
                     (A)  licensed, certified, registered, or listed
  under Chapter 42, Human Resources Code; or
                     (B)  exempt from the licensing requirements under
  Section 42.041(b), Human Resources Code;
               (2)  an independent school district;
               (3)  an open-enrollment charter school; and
               (4)  a private school accredited by an organization
  recognized by:
                     (A)  the Texas Education Agency; or
                     (B)  the Texas Private School Accreditation
  Commission.
         (e)  A state agency that maintains records of abuse and
  neglect findings, including the Texas Education Agency, shall:
               (1)  provide a copy of the records to the department not
  later than the 10th day after the date the state agency receives the
  records; or
               (2)  if the state agency makes a finding of abuse or
  neglect, provide a copy of the record to the department not later
  than the 10th day after the date the agency makes the finding.
         (f)  The department shall include information from a record
  provided under Subsection (e) in the central registry under this
  section.
         SECTION 5.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0563 to read as follows:
         Sec. 42.0563.  PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant
  for a position with a child-care facility must submit, using a form
  adopted by the department, a pre-employment affidavit disclosing
  whether the applicant has ever been charged with, adjudicated for,
  or convicted of having an inappropriate relationship with a minor.
         (b)  An applicant who answers affirmatively concerning an
  inappropriate relationship with a minor must disclose in the
  affidavit all relevant facts pertaining to the charge,
  adjudication, or conviction, including, for a charge, whether the
  charge was determined to be true or false.
         (c)  An applicant is not precluded from being employed based
  on a disclosed charge if the employing entity determines based on
  the information disclosed in the affidavit that the charge was
  false.
         (d)  A determination that an employee failed to disclose
  information required to be disclosed by an applicant under this
  section is grounds for termination of employment.
         SECTION 6.  Section 411.0901(a), Government Code, is amended
  to read as follows:
         (a)  The Texas Education Agency is entitled to obtain
  criminal history record information maintained by the department
  about a person who:
               (1)  is employed or is an applicant for employment by a
  school district, [or] open-enrollment charter school, or private
  school that is accredited by an accrediting agency that is a member
  of the Texas Private School Accreditation Commission;
               (2)  is employed or is an applicant for employment by a
  shared services arrangement, if the employee's or applicant's
  duties are or will be performed on school property or at another
  location where students are regularly present; or
               (3)  is employed or is an applicant for employment by an
  entity that contracts with a school district, open-enrollment
  charter school, or shared services arrangement if:
                     (A)  the employee or applicant has or will have
  continuing duties relating to the contracted services; and
                     (B)  the employee or applicant has or will have
  direct contact with students.
         SECTION 7.  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, 2023.