88R2478 ANG-D
 
  By: Noble 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.  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 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 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.