Texas 2009 - 81st Regular

Texas House Bill HB2491 Compare Versions

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1	1	By: Patrick H.B. No. 2491
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to disclosure of certain personal information of
7	7	applicants for employment with and current and former employees of
8	8	public school entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 22, Education Code, is
11	11	amended by adding Section 22.010 to read as follows:
12	12	Sec. 22.010. DISCLOSURE OF PERSONAL INFORMATION. (a) This
13	13	section applies to information in the custody of a school district,
14	14	open-enrollment charter school, or shared services arrangement
15	15	that concerns an applicant for employment with or a person
16	16	currently or formerly employed by the district, school, or shared
17	17	services arrangement, including a substitute teacher or student
18	18	teacher, and that:
19	19	(1) relates to the applicant's or employee's:
20	20	(A) home address;
21	21	(B) home telephone number;
22	22	(C) personal cellular phone number;
23	23	(D) day and month of birth;
24	24	(E) criminal history record information;
25	25	(F) driver's license number;
26	26	(G) personal electronic mail address; or
27	27	(H) social security number;
28	28	(2) reveals whether the applicant or employee has
29	29	family members; or
30	30	(3) reveals whether the district, school, or shared
31	31	services arrangement has obtained criminal history record
32	32	information on the applicant or employee.
33	33	(b) Information described by Subsection (a):
34	34	(1) is not considered public information under Chapter
35	35	552, Government Code; and
36	36	(2) may be made accessible to the public by a school
37	37	district, open-enrollment charter school, or shared services
38	38	arrangement only if the applicant or employee to whom the
39	39	information applies:
40	40	(A) provides written notice to the district,
41	41	school, or shared services arrangement of the applicant's or
42	42	employee's election to authorize public access to the information;
43	43	and
44	44	(B) does not provide written rescission of the
45	45	authorization.
46	46	(c) If a school district, open-enrollment charter school,
47	47	or shared services arrangement receives a request under Chapter
48	48	552, Government Code, for access to information described by
49	49	Subsection (a) and the applicant or employee to whom the
50	50	information applies has not authorized public access to the
51	51	information in accordance with Subsections (b)(2)(A) and (B), the
52	52	district, school, or shared services arrangement is not required to
53	53	accept or comply with the request or to seek an opinion from the
54	54	attorney general under Subchapter G, Chapter 552, Government Code.
55	55	(d) This section does not apply to information filed with a
56	56	county or district clerk.
57	57	(e) This section does not prohibit the State Board for
58	58	Educator Certification, the agency, the Department of Public
59	59	Safety, or another entity authorized under Subchapter C from
60	60	conducting a criminal history record information review in
61	61	accordance with that subchapter.
62	62	(f) Section 552.024, Government Code, does not apply to an
63	63	applicant or employee to whom this section applies.
64	64	(g) On receipt of a request under Chapter 552, Government
65	65	Code, for information indicating whether a criminal history record
66	66	information review of a school employee or applicant has revealed
67	67	that the employee or applicant has been convicted of an offense
68	68	described by Section 21.058(a) or 22.085(a), the school district,
69	69	open-enrollment charter school, or shared services arrangement
70	70	shall disclose the requested information.
71	71	SECTION 2. Section 552.024, Government Code, is amended by
72	72	adding Subsection (g) to read as follows:
73	73	(g) This section does not apply to a person to whom Section
74	74	22.010, Education Code, applies.
75	75	SECTION 3. This Act takes effect immediately if it receives
76	76	a vote of two-thirds of all the members elected to each house, as
77	77	provided by Section 39, Article III, Texas Constitution. If this
78	78	Act does not receive the vote necessary for immediate effect, this
79	79	Act takes effect September 1, 2009.