87R338 TSS-D
By: Canales H.B. No. 278
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an individual to a school district
board of managers by the commissioner of education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 39A, Education Code, is
amended by adding Section 39A.2045 to read as follows:
Sec. 39A.2045. CRIMINAL HISTORY RECORD INFORMATION REVIEW:
BOARD OF MANAGERS. (a) Before the commissioner appoints a board of
managers under this chapter, the agency shall review the criminal
history record information that relates to each person to be
appointed by the commissioner to serve as a member of that board.
(b) The agency is authorized to obtain from the Department
of Public Safety criminal history record information maintained by
the department as necessary to comply with Subsection (a).
(c) In addition to the information the agency is authorized
to obtain under Section 411.0901, Government Code, and this
section, the agency is authorized to request and obtain criminal
history record information through the Federal Bureau of
Investigation as provided by Section 411.087, Government Code.
(d) The agency shall adopt rules as necessary to implement
this section.
SECTION 2. Section 411.0901(a), Government Code, is amended
to read as follows:
(a) The Texas Education Agency is entitled to obtain
criminal history record information maintained by the department
about a person who:
(1) is employed or is an applicant for employment by a
school district or open-enrollment charter school;
(2) is employed or is an applicant for employment by a
shared services arrangement, if the employee's or applicant's
duties are or will be performed on school property or at another
location where students are regularly present; [or]
(3) is employed or is an applicant for employment by an
entity that contracts with a school district, open-enrollment
charter school, or shared services arrangement if:
(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
(B) the employee or applicant has or will have
direct contact with students; or
(4) is appointed or is to be appointed by the
commissioner of education to serve as a member of a board of
managers under Subchapter E, Chapter 39A, Education Code.
SECTION 3. 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, 2021.