| 1 | 1 | | 81R9116 CAS-D |
|---|
| 2 | 2 | | By: Castro H.B. No. 4368 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the ineligibility for employment by a school district, |
|---|
| 8 | 8 | | open-enrollment charter school, or shared services arrangement of |
|---|
| 9 | 9 | | persons convicted of certain offenses. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Sections 22.085(a) and (c), Education Code, are |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (a) A school district, open-enrollment charter school, or |
|---|
| 14 | 14 | | shared services arrangement shall discharge or refuse to hire an |
|---|
| 15 | 15 | | employee or applicant for employment, including a person who is |
|---|
| 16 | 16 | | under 18 years of age or is enrolled in a public school, if the |
|---|
| 17 | 17 | | district, school, or shared services arrangement obtains |
|---|
| 18 | 18 | | information through a criminal history record information review or |
|---|
| 19 | 19 | | other means that: |
|---|
| 20 | 20 | | (1) the employee or applicant has been convicted of: |
|---|
| 21 | 21 | | (A) a felony offense under Title 5, Penal Code; |
|---|
| 22 | 22 | | or |
|---|
| 23 | 23 | | (B) [an offense on conviction of which a |
|---|
| 24 | 24 | | defendant is required to register as a sex offender under Chapter |
|---|
| 25 | 25 | | 62, Code of Criminal Procedure; or |
|---|
| 26 | 26 | | [(C)] an offense under the laws of another state |
|---|
| 27 | 27 | | or federal law that is equivalent to an offense under Paragraph (A) |
|---|
| 28 | 28 | | [or (B)]; and |
|---|
| 29 | 29 | | (2) the employee or applicant for employment is |
|---|
| 30 | 30 | | required to register as a sex offender under Chapter 62, Code of |
|---|
| 31 | 31 | | Criminal Procedure, or at the time the offense occurred, the victim |
|---|
| 32 | 32 | | of the offense described by Subdivision (1) was under 18 years of |
|---|
| 33 | 33 | | age or was enrolled in a public school. |
|---|
| 34 | 34 | | (c) A school district, open-enrollment charter school, or |
|---|
| 35 | 35 | | shared services arrangement may not allow a person who is an |
|---|
| 36 | 36 | | employee of or applicant for employment by an entity that contracts |
|---|
| 37 | 37 | | with the district, school, or shared services arrangement to serve |
|---|
| 38 | 38 | | at the district or school or for the shared services arrangement if |
|---|
| 39 | 39 | | the district, school, or shared services arrangement obtains |
|---|
| 40 | 40 | | information described by Subsection (a) through a criminal history |
|---|
| 41 | 41 | | record information review or other means concerning the employee or |
|---|
| 42 | 42 | | applicant. A school district, open-enrollment charter school, or |
|---|
| 43 | 43 | | shared services arrangement must ensure that an entity that the |
|---|
| 44 | 44 | | district, school, or shared services arrangement contracts with for |
|---|
| 45 | 45 | | services has obtained all criminal history record information as |
|---|
| 46 | 46 | | required by Section 22.0834. |
|---|
| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 51 | 51 | | Act takes effect September 1, 2009. |
|---|