| 1 | 1 | | 81R9794 JD-D |
|---|
| 2 | 2 | | By: Farrar H.B. No. 4302 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the confidentiality of criminal history record |
|---|
| 8 | 8 | | information and related information that is obtained by a school |
|---|
| 9 | 9 | | district and that relates to an employee of the district. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter C, Chapter 22, Education Code, is |
|---|
| 12 | 12 | | amended by adding Section 22.088 to read as follows: |
|---|
| 13 | 13 | | Sec. 22.088. CONFIDENTIALITY OF CRIMINAL HISTORY RECORD |
|---|
| 14 | 14 | | INFORMATION AND RELATED INFORMATION. (a) Criminal history record |
|---|
| 15 | 15 | | information obtained by a school district under this subchapter or |
|---|
| 16 | 16 | | under Section 411.087, 411.0845, or 411.097, Government Code, that |
|---|
| 17 | 17 | | relates to an employee of the district is confidential and not |
|---|
| 18 | 18 | | subject to disclosure under Chapter 552, Government Code. A book, |
|---|
| 19 | 19 | | paper, letter, or document or any other form of media, including |
|---|
| 20 | 20 | | data held in computer memory, that is collected, assembled, or |
|---|
| 21 | 21 | | maintained by a school district and that either contains or was |
|---|
| 22 | 22 | | created from criminal history record information that relates to an |
|---|
| 23 | 23 | | employee of the district or that tends to confirm the existence or |
|---|
| 24 | 24 | | nonexistence of criminal history record information that relates to |
|---|
| 25 | 25 | | the employee is confidential and not subject to disclosure under |
|---|
| 26 | 26 | | Chapter 552, Government Code, regardless of whether the medium |
|---|
| 27 | 27 | | contains other information, including information that would |
|---|
| 28 | 28 | | otherwise be subject to disclosure under Chapter 552, Government |
|---|
| 29 | 29 | | Code. |
|---|
| 30 | 30 | | (b) A school district may not confirm the existence or |
|---|
| 31 | 31 | | nonexistence of criminal history record information that relates to |
|---|
| 32 | 32 | | an employee of the district to any person that is not entitled to |
|---|
| 33 | 33 | | obtain the criminal history record information from the department |
|---|
| 34 | 34 | | or the Federal Bureau of Investigation, as applicable. |
|---|
| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|