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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. Subchapter C, Chapter 22, Education Code, is |
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amended by adding Section 22.08361 to read as follows: |
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Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD |
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INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In |
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this section, "qualified private school" has the meaning assigned |
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by Section 411.0972, Government Code. |
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(b) This section applies to a person who is an employee of or |
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an applicant for employment at a qualified private school. |
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(c) A qualified private school may require a person to whom |
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this section applies to submit to a national criminal history |
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record information review under this section before being employed |
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by the school. |
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(d) Before or immediately after securing the services of a |
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person to whom this section applies, a qualified private school may |
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submit or require the person to whom this section applies to submit |
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to the department information that is required by the department |
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for obtaining national criminal history record information, which |
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may include fingerprints and photographs. |
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(e) On receipt of the information under Subsection (c), the |
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department shall obtain the person's national criminal history |
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record information and report the results through the criminal |
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history clearinghouse as provided by Section 411.0845, Government |
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Code. |
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(f) Each qualified private school may obtain all criminal |
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history record information that relates to a person to whom this |
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section applies through the criminal history clearinghouse as |
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provided by Section 411.0845, Government Code, and may subscribe to |
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the criminal history record information of the person. |
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(g) A qualified private school may require a person to pay |
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any fees related to obtaining criminal history record information |
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under this section. |
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(h) If a qualified private school requires a person to whom |
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this section applies to submit to a national criminal history |
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record information review, the school shall provide the agency with |
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the name and information described by Subsection (d). The agency |
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shall facilitate the submission of information to the department to |
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allow the school to obtain all criminal history record information |
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that relates to the person to whom this section applies through the |
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criminal history clearinghouse as provided by Section 411.0845, |
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Government Code. |
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(i) The department, in coordination with the commissioner, |
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may adopt rules as necessary to implement this section. |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0972 to read as follows: |
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Sec. 411.0972. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section, |
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"qualified private school" means a school that: |
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(1) offers a course of instruction for students in |
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this state in one or more grades from prekindergarten through grade |
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12; |
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(2) is accredited by an organization recognized by the |
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Texas Education Agency or the Texas Private School Accreditation |
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Commission; and |
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(3) is determined to be eligible by the department |
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under Subsection (b). |
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(b) On request by a private school, the department shall |
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determine whether the school is eligible under the National Child |
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Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal |
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history record information that relates to an employee or an |
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applicant for employment. |
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(c) A qualified private school may obtain state criminal |
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history record information from the department. |
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(d) Except as provided by Subsection (f), criminal history |
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record information obtained by a qualified private school in the |
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original form or any subsequent form: |
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(1) may not be released to any person except the person |
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who is the subject of the information; |
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(2) is not subject to disclosure as provided by |
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Chapter 552; and |
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(3) shall be destroyed by the school after the |
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information is used for the authorized purpose. |
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(e) A qualified private school may obtain criminal history |
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record information from the Federal Bureau of Investigation |
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identification division in accordance with Section 411.087. |
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(f) Criminal history record information obtained from the |
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Federal Bureau of Investigation may not be released or disclosed |
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except on court order. |
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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. |
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