Texas Senate Bill SB1473

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.

Impact

The bill's implementation will have significant implications for state laws related to education and child-care services. By ensuring that private schools, public schools, and child-care facilities have access to criminal history records, it aligns employment procedures with the safety needs of children in these environments. The requirement for applicants in child-care facilities to disclose past charges related to inappropriate relationships with minors adds a layer of accountability and may prevent potential cases of abuse from entering these settings.

Summary

SB1473 introduces amendments to the Education Code and Family Code concerning the accessibility of criminal history record information for certain educational and child-care entities in Texas. The bill seeks to enhance the vetting process for individuals employed by schools and child-care facilities by allowing these entities to obtain criminal history records and other relevant registry information. This move aimes to bolster the safety of children within educational and child-care environments, as it establishes a standard for comprehensive background checks for applicants.

Sentiment

The sentiment surrounding SB1473 appears to be generally supportive among legislative members who prioritize child safety and welfare in educational settings. Advocates view the bill as a necessary step towards ensuring that only those with clean backgrounds are allowed to work in close proximity to children. However, there could be concerns from civil liberties groups regarding the balance of safety measures against potential overreach in employment background checks.

Contention

One notable point of contention may center around the degree of access to sensitive criminal history information by educational and child-care entities. While proponents advocate for extensive checks to protect children, critics may argue about privacy rights and the implications of shared criminal records without sufficient context for past charges or convictions. The process for handling applicants with past offenses deemed false also raises questions about due process and employment eligibility.

Texas Constitutional Statutes Affected

Education Code

• Chapter 22. School District Employees And Volunteers
  • Section: 0825
  • Section: New Section

Family Code

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: New Section

Human Resources Code

• Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
  • Section: New Section

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 0901