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