88R10685 TSS-D
 
  By: Davis H.B. No. 4988
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to national criminal history reviews of a member of a board
  of trustees of an independent school district; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Sections 11.0561 and 11.067 to read as follows:
         Sec. 11.0561.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION
  REVIEW OF MEMBER OF BOARD OF TRUSTEES.  (a) In this section,
  "national criminal history record information" has the meaning
  assigned by Section 22.081.
         (b)  A member of a board of trustees of a school district must
  submit to a national criminal history record information review
  under this section.
         (c)  A school district shall send, or ensure that each member
  of the board of trustees sends, to the Department of Public Safety
  information that is required by the department for obtaining
  national criminal history record information, which may include
  fingerprints and photographs.
         (d)  The department shall obtain the member's national
  criminal history record information and report the results through
  the criminal history clearinghouse as provided by Section 411.0845,
  Government Code.
         (e)  Each school district shall obtain all criminal history
  record information of each person serving as a member of the board
  of trustees of the district through the criminal history
  clearinghouse as provided by Section 411.0845, Government Code, to
  confirm the person's eligibility for office under Sections 11.061
  and 11.066 and to determine whether the person is prohibited from
  engaging in certain conduct under Section 11.067. Notwithstanding
  Section 411.097(d), Government Code, a district shall maintain a
  record of information received under this section.
         (f)  A school district shall submit all criminal history
  record information obtained under Subsection (e) to the agency. The
  agency shall maintain a record of all information received under
  this subsection.
         (g)  A school district may require a person submitting to a
  national criminal history record information review under this
  section to pay a fee related to obtaining criminal history record
  information under this section.
         (h)  The commissioner may adopt rules to implement this
  section, including rules establishing deadlines after election for
  a school district to require a member of a board of trustees to
  submit fingerprints and photographs in compliance with this
  section.
         (i)  The agency, a school district, or an employee of the
  district's board is not civilly or criminally liable for making or
  receiving a report required under this section.
         Sec. 11.067.  CERTAIN CONDUCT PROHIBITED BY TRUSTEE
  CONVICTED OF CERTAIN OFFENSES. (a) This section applies to:
               (1)  an offense punishable as a misdemeanor under the
  following provisions of the Penal Code: 
                     (A)  Section 20.02 (unlawful restraint);
                     (B)  Section 21.07 (public lewdness);
                     (C)  Section 21.08 (indecent exposure);
                     (D)  Section 22.01(a)(1) (assault);
                     (E)  Section 22.012 (indecent assault);
                     (F)  Section 22.05 (deadly conduct); 
                     (G)  Section 25.04 (enticing a child);
                     (H)  Section 25.07 (violation of certain court
  orders or conditions of bond in a family violence, child abuse or
  neglect, sexual assault or abuse, indecent assault, stalking, or
  trafficking case); 
                     (I)  Section 43.22 (obscene display or
  distribution);
                     (J)  Section 43.23 (obscenity);
                     (K)  Section 43.24 (sale, distribution, or
  display of harmful material to minor); and
                     (L)  Section 43.261 (electronic transmission of
  certain visual material depicting minor); 
               (2)  an attempt or conspiracy to commit an offense
  described by Subdivision (1); and
               (3)  an offense involving family violence, as defined
  by Section 71.004, Family Code.
         (b)  A member of the board of trustees of a school district
  who has been convicted of an offense to which this section applies
  may not, while engaged in official duties as a member of the board
  of trustees, enter a campus of the district or attend an activity
  sponsored or sanctioned by the district. 
         SECTION 2.  Section 411.097, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A school district is entitled to obtain from the
  department criminal history record information maintained by the
  department that the district is required or authorized to obtain
  under Section 11.0561, Education Code, that relates to a member of
  the district's board of trustees.
         SECTION 3.  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.