| 1 | 1 | | 87R7298 MWC-D |
|---|
| 2 | 2 | | By: Price H.B. No. 3776 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to criminal background checks for certain persons employed |
|---|
| 8 | 8 | | by certain public school contractors. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 22.0834, Education Code, is amended by |
|---|
| 11 | 11 | | amending Subsections (a-1) and (k) and adding Subsection (g-1) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a-1) Except as provided by Subsection (g-1), this [This] |
|---|
| 14 | 14 | | section does not apply to: |
|---|
| 15 | 15 | | (1) a contracting entity, subcontracting entity, or |
|---|
| 16 | 16 | | other person subject to Section 22.08341; |
|---|
| 17 | 17 | | (2) a contracting entity or a subcontractor of that |
|---|
| 18 | 18 | | entity that contracts with a school district, open-enrollment |
|---|
| 19 | 19 | | charter school, or shared services arrangement to provide |
|---|
| 20 | 20 | | off-campus instructional services to students, including: |
|---|
| 21 | 21 | | (A) internships; |
|---|
| 22 | 22 | | (B) externships; |
|---|
| 23 | 23 | | (C) service learning programs; and |
|---|
| 24 | 24 | | (D) industry or career certification programs; |
|---|
| 25 | 25 | | or |
|---|
| 26 | 26 | | (3) a public junior college that contracts directly |
|---|
| 27 | 27 | | with a school district, open-enrollment charter school, or shared |
|---|
| 28 | 28 | | services arrangement to provide dual credit courses to district or |
|---|
| 29 | 29 | | school students. |
|---|
| 30 | 30 | | (g-1) An entity described by Subsection (a-1)(2) or (3) |
|---|
| 31 | 31 | | shall provide the school district, open-enrollment charter school, |
|---|
| 32 | 32 | | or shared services arrangement with which it has contracted written |
|---|
| 33 | 33 | | confirmation that the entity has obtained criminal history record |
|---|
| 34 | 34 | | information from a law enforcement or criminal justice agency or a |
|---|
| 35 | 35 | | private entity that is a consumer reporting agency governed by the |
|---|
| 36 | 36 | | Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) relating |
|---|
| 37 | 37 | | to each employee that: |
|---|
| 38 | 38 | | (1) has continuing duties related to the contracted |
|---|
| 39 | 39 | | services; and |
|---|
| 40 | 40 | | (2) has direct contact with students. |
|---|
| 41 | 41 | | (k) Except as provided by Subsection (a-1), the [The] |
|---|
| 42 | 42 | | requirements of this section apply to an entity that contracts |
|---|
| 43 | 43 | | directly with a school district, open-enrollment charter school, or |
|---|
| 44 | 44 | | shared services arrangement and any subcontractor of the entity. |
|---|
| 45 | 45 | | SECTION 2. Section 22.0834, Education Code, as amended by |
|---|
| 46 | 46 | | this Act, applies only to a contract executed on or after the |
|---|
| 47 | 47 | | effective date of this Act. A contract executed before the |
|---|
| 48 | 48 | | effective date of this Act is governed by the law in effect on the |
|---|
| 49 | 49 | | date the contract was executed, and the former law is continued in |
|---|
| 50 | 50 | | effect for that purpose. |
|---|
| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|