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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain persons to provide services |
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as an employee, volunteer, or contractor for certain agencies, |
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including public school contractors, and access to the registry of |
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persons who are not eligible for employment at public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 810, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE; |
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REQUIRED DETERMINATION OF REPORTABLE CONDUCT |
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SECTION 2. Chapter 810, Health and Safety Code, is amended |
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by adding Section 810.0055 to read as follows: |
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Sec. 810.0055. REQUIRED DETERMINATION OF REPORTABLE |
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CONDUCT. (a) Notwithstanding any other law, a participating state |
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agency: |
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(1) shall ensure an investigation is conducted and a |
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determination is issued for each allegation of reportable conduct |
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against an agency employee, volunteer, or contractor, regardless of |
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whether the employee, volunteer, or contractor voluntarily resigns |
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or surrenders a license or certification the employee, volunteer, |
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or contractor would otherwise be ineligible to hold as a result of |
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the determination; and |
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(2) may not authorize the dismissal of an appeal or |
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enter into a settlement agreement, through mediation or other |
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means, related to an allegation of reportable conduct against an |
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agency employee, volunteer, or contractor if the dismissal or |
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agreement would prevent issuance of a determination on the |
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allegation. |
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(b) A participating state agency shall ensure each |
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individual the agency determines has engaged in reportable conduct |
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in accordance with this section is included in the search engine as |
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required by this chapter. |
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SECTION 3. Sections 22.0834(a) and (o), Education Code, are |
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amended to read as follows: |
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(a) This [Except as provided by Subsection (a-1), this] |
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subsection applies to a person who is not an applicant for or holder |
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of a certificate under Subchapter B, Chapter 21, and who is offered |
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employment by an entity or a subcontractor of an entity that |
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contracts with a school district, open-enrollment charter school, |
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or shared services arrangement to provide services, if: |
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(1) the employee or applicant has or will have |
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continuing duties related to the contracted services; and |
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(2) the employee or applicant has or will have direct |
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contact with students. |
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(o) A school district, charter school, regional education |
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service center, commercial transportation company, education |
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shared services arrangement, or qualified school contractor, |
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contracting entity, or subcontracting entity may not permit an |
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employee to whom Subsection (a) applies to provide services at a |
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school if the employee: |
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(1) has been convicted of a felony or misdemeanor |
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offense that would prevent a person from being employed under |
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Section 22.085(a); or |
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(2) is identified as having engaged in misconduct |
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described by Section 22.093(c)(1)(A) or (B) using the interagency |
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reportable conduct search engine established under Chapter 810, |
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Health and Safety Code. |
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SECTION 4. 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) 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; and |
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(4) entities and subcontractors of entities that |
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contract with a school district, open-enrollment charter school, or |
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shared services arrangement to provide services. |
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SECTION 5. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 22.0834(a-1) and (l); and |
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(2) Section 22.0834(p)(2). |
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SECTION 6. Section 22.0834, Education Code, as amended by |
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this Act, applies only to a contract entered into on or after the |
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effective date of this Act. |
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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, 2025. |