| 1 | 1 | | 87R338 TSS-D |
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| 2 | 2 | | By: Canales H.B. No. 278 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of an individual to a school district |
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| 8 | 8 | | board of managers by the commissioner of education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 39A, Education Code, is |
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| 11 | 11 | | amended by adding Section 39A.2045 to read as follows: |
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| 12 | 12 | | Sec. 39A.2045. CRIMINAL HISTORY RECORD INFORMATION REVIEW: |
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| 13 | 13 | | BOARD OF MANAGERS. (a) Before the commissioner appoints a board of |
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| 14 | 14 | | managers under this chapter, the agency shall review the criminal |
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| 15 | 15 | | history record information that relates to each person to be |
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| 16 | 16 | | appointed by the commissioner to serve as a member of that board. |
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| 17 | 17 | | (b) The agency is authorized to obtain from the Department |
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| 18 | 18 | | of Public Safety criminal history record information maintained by |
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| 19 | 19 | | the department as necessary to comply with Subsection (a). |
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| 20 | 20 | | (c) In addition to the information the agency is authorized |
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| 21 | 21 | | to obtain under Section 411.0901, Government Code, and this |
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| 22 | 22 | | section, the agency is authorized to request and obtain criminal |
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| 23 | 23 | | history record information through the Federal Bureau of |
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| 24 | 24 | | Investigation as provided by Section 411.087, Government Code. |
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| 25 | 25 | | (d) The agency shall adopt rules as necessary to implement |
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| 26 | 26 | | this section. |
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| 27 | 27 | | SECTION 2. Section 411.0901(a), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (a) The Texas Education Agency is entitled to obtain |
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| 30 | 30 | | criminal history record information maintained by the department |
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| 31 | 31 | | about a person who: |
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| 32 | 32 | | (1) is employed or is an applicant for employment by a |
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| 33 | 33 | | school district or open-enrollment charter school; |
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| 34 | 34 | | (2) is employed or is an applicant for employment by a |
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| 35 | 35 | | shared services arrangement, if the employee's or applicant's |
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| 36 | 36 | | duties are or will be performed on school property or at another |
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| 37 | 37 | | location where students are regularly present; [or] |
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| 38 | 38 | | (3) is employed or is an applicant for employment by an |
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| 39 | 39 | | entity that contracts with a school district, open-enrollment |
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| 40 | 40 | | charter school, or shared services arrangement if: |
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| 41 | 41 | | (A) the employee or applicant has or will have |
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| 42 | 42 | | continuing duties relating to the contracted services; and |
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| 43 | 43 | | (B) the employee or applicant has or will have |
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| 44 | 44 | | direct contact with students; or |
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| 45 | 45 | | (4) is appointed or is to be appointed by the |
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| 46 | 46 | | commissioner of education to serve as a member of a board of |
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| 47 | 47 | | managers under Subchapter E, Chapter 39A, Education Code. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2021. |
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