81R9116 CAS-D
By: Castro H.B. No. 4368
A BILL TO BE ENTITLED
AN ACT
relating to the ineligibility for employment by a school district,
open-enrollment charter school, or shared services arrangement of
persons convicted of certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.085(a) and (c), Education Code, are
amended to read as follows:
(a) A school district, open-enrollment charter school, or
shared services arrangement shall discharge or refuse to hire an
employee or applicant for employment, including a person who is
under 18 years of age or is enrolled in a public school, if the
district, school, or shared services arrangement obtains
information through a criminal history record information review or
other means that:
(1) the employee or applicant has been convicted of:
(A) a felony offense under Title 5, Penal Code;
or
(B) [an offense on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure; or
[(C)] an offense under the laws of another state
or federal law that is equivalent to an offense under Paragraph (A)
[or (B)]; and
(2) the employee or applicant for employment is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure, or at the time the offense occurred, the victim
of the offense described by Subdivision (1) was under 18 years of
age or was enrolled in a public school.
(c) A school district, open-enrollment charter school, or
shared services arrangement may not allow a person who is an
employee of or applicant for employment by an entity that contracts
with the district, school, or shared services arrangement to serve
at the district or school or for the shared services arrangement if
the district, school, or shared services arrangement obtains
information described by Subsection (a) through a criminal history
record information review or other means concerning the employee or
applicant. A school district, open-enrollment charter school, or
shared services arrangement must ensure that an entity that the
district, school, or shared services arrangement contracts with for
services has obtained all criminal history record information as
required by Section 22.0834.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.