87R7298 MWC-D
By: Price H.B. No. 3776
A BILL TO BE ENTITLED
AN ACT
relating to criminal background checks for certain persons employed
by certain public school contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.0834, Education Code, is amended by
amending Subsections (a-1) and (k) and adding Subsection (g-1) to
read as follows:
(a-1) Except as provided by Subsection (g-1), this [This]
section does not apply to:
(1) a contracting entity, subcontracting entity, or
other person subject to Section 22.08341;
(2) a contracting entity or a subcontractor of that
entity that contracts with a school district, open-enrollment
charter school, or shared services arrangement to provide
off-campus instructional services to students, including:
(A) internships;
(B) externships;
(C) service learning programs; and
(D) industry or career certification programs;
or
(3) a public junior college that contracts directly
with a school district, open-enrollment charter school, or shared
services arrangement to provide dual credit courses to district or
school students.
(g-1) An entity described by Subsection (a-1)(2) or (3)
shall provide the school district, open-enrollment charter school,
or shared services arrangement with which it has contracted written
confirmation that the entity has obtained criminal history record
information from a law enforcement or criminal justice agency or a
private entity that is a consumer reporting agency governed by the
Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) relating
to each employee that:
(1) has continuing duties related to the contracted
services; and
(2) has direct contact with students.
(k) Except as provided by Subsection (a-1), the [The]
requirements of this section apply to an entity that contracts
directly with a school district, open-enrollment charter school, or
shared services arrangement and any subcontractor of the entity.
SECTION 2. Section 22.0834, Education Code, as amended by
this Act, applies only to a contract executed on or after the
effective date of this Act. A contract executed before the
effective date of this Act is governed by the law in effect on the
date the contract was executed, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.