83R974 ATP-D
By: Marquez H.B. No. 342
A BILL TO BE ENTITLED
AN ACT
relating to employees of or applicants for employment with school
districts who have been convicted of or pled guilty to certain
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.085, Education Code, is amended by
amending Subsection (a) and adding Subsection (g) 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 if the district, school, or
shared services arrangement obtains information:
(1) through a criminal history record information
review that:
(A) [(1)] the employee or applicant has been
convicted of:
(i) [(A)] a felony offense under Title 5,
Penal Code;
(ii) [(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
(iii) [(C)] an offense under the laws of
another state or federal law that is equivalent to an offense under
Subparagraph (i) or (ii) [Paragraph (A) or (B)]; and
(B) [(2)] at the time the offense occurred, the
victim of the offense described by Paragraph (A) [Subdivision (1)]
was under 18 years of age or was enrolled in a public school; or
(2) through a criminal history record information
review or from a disclosure made by the employee or applicant that
the employee or applicant has been convicted of or pled guilty to:
(A) an offense under Title 8, Penal Code;
(B) an offense under Chapter 31 or 32, Penal
Code; or
(C) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A) or
(B).
(g) An employee of or applicant for employment with a school
district, open-enrollment charter school, or shared services
arrangement shall notify the district, school, or shared services
arrangement if the employee or applicant has been convicted of or
pled guilty to an offense under Title 8, Penal Code, or Chapter 31
or 32, Penal Code, or an offense under the laws of another state or
federal law that is equivalent to such an offense. An applicant
shall make the notification required by this subsection at the time
the applicant applies for employment. An employee shall make the
notification required by this subsection as soon as practicable
after the final conviction or the date the plea is entered.
SECTION 2. This Act takes effect September 1, 2013.