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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information and certain |
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registry information accessible to certain educational and |
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child-care entities and information required for employment in |
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certain child-care facilities. |
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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 22.092(d), Education Code, is amended to |
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read as follows: |
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(d) The agency shall provide equivalent access to the |
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registry maintained under this section to: |
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(1) private schools; |
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(2) public schools; [and] |
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(3) child-care facilities and family homes licensed, |
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certified, registered, or listed under Chapter 42, Human Resources |
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Code; and |
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(4) nonprofit teacher organizations approved by the |
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commissioner for the purpose of participating in the tutoring |
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program established under Section 33.913. |
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SECTION 4. Section 261.002, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(b) The executive commissioner shall adopt rules necessary |
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to carry out this section. The rules shall: |
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(1) prohibit the department from making a finding of |
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abuse or neglect against a person in a case in which the department |
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is named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family is unable to obtain |
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mental health services for the child; |
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(2) establish guidelines for reviewing the records in |
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the registry and removing those records in which the department was |
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named managing conservator of a child who has a severe emotional |
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disturbance only because the child's family was unable to obtain |
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mental health services for the child; |
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(3) require the department to remove a person's name |
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from the central registry maintained under this section not later |
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than the 10th business day after the date the department receives |
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notice that a finding of abuse and neglect against the person is |
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overturned in: |
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(A) an administrative review or an appeal of the |
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review conducted under Section 261.309(c); |
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(B) a review or an appeal of the review conducted |
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by the office of consumer affairs of the department; or |
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(C) a hearing or an appeal conducted by the State |
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Office of Administrative Hearings; [and] |
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(4) require the department to update any relevant |
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department files to reflect an overturned finding of abuse or |
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neglect against a person not later than the 10th business day after |
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the date the finding is overturned in a review, hearing, or appeal |
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described by Subdivision (3); and |
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(5) establish guidelines for providing access to the |
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registry to entities as required by Subsection (d). |
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(d) The department shall provide access to the central |
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registry maintained under this section to: |
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(1) a facility, home, or agency: |
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(A) licensed, certified, registered, or listed |
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under Chapter 42, Human Resources Code; or |
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(B) exempt from the licensing requirements under |
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Section 42.041(b), Human Resources Code; |
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(2) an independent school district; |
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(3) an open-enrollment charter school; and |
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(4) a private school accredited by an organization |
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recognized by: |
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(A) the Texas Education Agency; or |
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(B) the Texas Private School Accreditation |
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Commission. |
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(e) A state agency that maintains records of abuse and |
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neglect findings, including the Texas Education Agency, shall: |
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(1) provide a copy of the records to the department not |
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later than the 10th day after the date the state agency receives the |
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records; or |
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(2) if the state agency makes a finding of abuse or |
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neglect, provide a copy of the record to the department not later |
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than the 10th day after the date the agency makes the finding. |
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(f) The department shall include information from a record |
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provided under Subsection (e) in the central registry under this |
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section. |
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SECTION 5. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0563 to read as follows: |
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Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant |
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for a position with a child-care facility must submit, using a form |
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adopted by the department, a pre-employment affidavit disclosing |
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whether the applicant has ever been charged with, adjudicated for, |
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or convicted of having an inappropriate relationship with a minor. |
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(b) An applicant who answers affirmatively concerning an |
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inappropriate relationship with a minor must disclose in the |
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affidavit all relevant facts pertaining to the charge, |
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adjudication, or conviction, including, for a charge, whether the |
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charge was determined to be true or false. |
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(c) An applicant is not precluded from being employed based |
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on a disclosed charge if the employing entity determines based on |
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the information disclosed in the affidavit that the charge was |
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false. |
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(d) A determination that an employee failed to disclose |
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information required to be disclosed by an applicant under this |
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section is grounds for termination of employment. |
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SECTION 6. 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 7. 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. |