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A BILL TO BE ENTITLED
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AN ACT
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relating to access by the Texas Education Agency and private |
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schools to certain criminal history records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.0825(b), Education Code, is amended |
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to read as follows: |
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(b) The agency shall subscribe to the criminal history |
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clearinghouse as provided by Section 411.0845, Government Code, and |
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may obtain from any law enforcement or criminal justice agency all |
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criminal history record information and all records contained in |
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any closed criminal investigation file that relate to a specific |
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applicant for employment or current or former employee of a school |
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district, district of innovation, open-enrollment charter school, |
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other charter entity, private school that is accredited by an |
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accrediting agency that is a member of the Texas Private School |
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Accreditation Commission, regional education service center, or |
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shared services arrangement. |
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SECTION 2. Section 22.083, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A private school that is accredited by an accrediting |
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agency that is a member of the Texas Private School Accreditation |
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Commission may obtain the criminal history record information |
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described by Subsection (b) from the agency. |
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SECTION 3. Section 411.0901(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas Education Agency is entitled to obtain |
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criminal history record information maintained by the department |
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about a person who: |
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(1) is employed or is an applicant for employment by a |
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school district, [or] open-enrollment charter school, or private |
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school that is accredited by an accrediting agency that is a member |
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of the Texas Private School Accreditation Commission; |
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(2) is employed or is an applicant for employment by a |
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shared services arrangement, if the employee's or applicant's |
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duties are or will be performed on school property or at another |
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location where students are regularly present; or |
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(3) is employed or is an applicant for employment by an |
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entity that contracts with a school district, open-enrollment |
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charter school, or shared services arrangement if: |
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(A) the employee or applicant has or will have |
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continuing duties relating to the contracted services; and |
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(B) the employee or applicant has or will have |
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direct contact with students. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |