88R24398 ANG-D
 
  By: Noble, Walle, Wilson, et al. H.B. No. 3202
 
  Substitute the following for H.B. No. 3202:
 
  By:  Buckley C.S.H.B. No. 3202
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access by the Texas Education Agency and private
  schools to certain criminal history records.
         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.  Subchapter C, Chapter 22, Education Code, is
  amended by adding Section 22.08361 to read as follows:
         Sec. 22.08361.  NATIONAL CRIMINAL HISTORY RECORD
  INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In
  this section, "qualified private school" has the meaning assigned
  by Section 411.0972, Government Code.
         (b)  This section applies to a person who is an employee of or
  an applicant for employment at a qualified private school.
         (c)  A qualified private school may require a person to whom
  this section applies to submit to a national criminal history
  record information review under this section before being employed
  by the school. 
         (d)  Before or immediately after securing the services of a
  person to whom this section applies, a qualified private school may
  submit or require the person to whom this section applies to submit
  to the department information that is required by the department
  for obtaining national criminal history record information, which
  may include fingerprints and photographs.
         (e)  On receipt of the information under Subsection (c), the
  department shall obtain the person's national criminal history
  record information and report the results through the criminal
  history clearinghouse as provided by Section 411.0845, Government
  Code.
         (f)  Each qualified private school may obtain all criminal
  history record information that relates to a person to whom this
  section applies through the criminal history clearinghouse as
  provided by Section 411.0845, Government Code, and may subscribe to
  the criminal history record information of the person.
         (g)  A qualified private school may require a person to pay
  any fees related to obtaining criminal history record information
  under this section.
         (h)  If a qualified private school requires a person to whom
  this section applies to submit to a national criminal history
  record information review, the school shall provide the agency with
  the name and information described by Subsection (d). The agency
  shall facilitate the submission of information to the department to
  allow the school to obtain all criminal history record information
  that relates to the person to whom this section applies through the
  criminal history clearinghouse as provided by Section 411.0845,
  Government Code.
         (i)  The department, in coordination with the commissioner,
  may adopt rules as necessary to implement this section.
         SECTION 3.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.0972 to read as follows:
         Sec. 411.0972.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section,
  "qualified private school" means a school that:
               (1)  offers a course of instruction for students in
  this state in one or more grades from prekindergarten through grade
  12;
               (2)  is accredited by an organization recognized by the
  Texas Education Agency or the Texas Private School Accreditation
  Commission; and
               (3)  is determined to be eligible by the department
  under Subsection (b).
         (b)  On request by a private school, the department shall
  determine whether the school is eligible under the National Child
  Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal
  history record information that relates to an employee or an
  applicant for employment.
         (c)  A qualified private school may obtain state criminal
  history record information from the department.
         (d)  Except as provided by Subsection (f), criminal history
  record information obtained by a qualified private school in the
  original form or any subsequent form:
               (1)  may not be released to any person except the person
  who is the subject of the information;
               (2)  is not subject to disclosure as provided by
  Chapter 552; and
               (3)  shall be destroyed by the school after the
  information is used for the authorized purpose.
         (e)  A qualified private school may obtain criminal history
  record information from the Federal Bureau of Investigation
  identification division in accordance with Section 411.087.
         (f)  Criminal history record information obtained from the
  Federal Bureau of Investigation may not be released or disclosed
  except on court order.
         SECTION 4.  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.