|
|
|
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. |