88R10128 MLH-F
By: Noble H.B. No. 3198
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information and certain
registry information accessible to certain educational and
child-care entities and information required for employment in
certain child-care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.0825(b), Education Code, is amended
to read as follows:
(b) The agency shall subscribe to the criminal history
clearinghouse as provided by Section 411.0845, Government Code, and
may obtain from any law enforcement or criminal justice agency all
criminal history record information and all records contained in
any closed criminal investigation file that relate to a specific
applicant for employment or current or former employee of a school
district, district of innovation, open-enrollment charter school,
other charter entity, private school that is accredited by an
accrediting agency that is a member of the Texas Private School
Accreditation Commission, regional education service center, or
shared services arrangement.
SECTION 2. Section 22.083, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A private school that is accredited by an accrediting
agency that is a member of the Texas Private School Accreditation
Commission may obtain the criminal history record information
described by Subsection (b) from the agency.
SECTION 3. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) child-care facilities and family homes licensed,
certified, registered, or listed under Chapter 42, Human Resources
Code; and
(4) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913.
SECTION 4. Section 261.002, Family Code, is amended by
amending Subsection (b) and adding Subsections (d), (e), and (f) to
read as follows:
(b) The executive commissioner shall adopt rules necessary
to carry out this section. The rules shall:
(1) prohibit the department from making a finding of
abuse or neglect against a person in a case in which the department
is named managing conservator of a child who has a severe emotional
disturbance only because the child's family is unable to obtain
mental health services for the child;
(2) establish guidelines for reviewing the records in
the registry and removing those records in which the department was
named managing conservator of a child who has a severe emotional
disturbance only because the child's family was unable to obtain
mental health services for the child;
(3) require the department to remove a person's name
from the central registry maintained under this section not later
than the 10th business day after the date the department receives
notice that a finding of abuse and neglect against the person is
overturned in:
(A) an administrative review or an appeal of the
review conducted under Section 261.309(c);
(B) a review or an appeal of the review conducted
by the office of consumer affairs of the department; or
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings; [and]
(4) require the department to update any relevant
department files to reflect an overturned finding of abuse or
neglect against a person not later than the 10th business day after
the date the finding is overturned in a review, hearing, or appeal
described by Subdivision (3); and
(5) establish guidelines for providing access to the
registry to entities as required by Subsection (d).
(d) The department shall provide access to the central
registry maintained under this section to:
(1) a facility, home, or agency:
(A) licensed, certified, registered, or listed
under Chapter 42, Human Resources Code; or
(B) exempt from the licensing requirements under
Section 42.041(b), Human Resources Code;
(2) an independent school district;
(3) an open-enrollment charter school; and
(4) a private school accredited by an organization
recognized by:
(A) the Texas Education Agency; or
(B) the Texas Private School Accreditation
Commission.
(e) A state agency that maintains records of abuse and
neglect findings, including the Texas Education Agency, shall:
(1) provide a copy of the records to the department not
later than the 10th day after the date the state agency receives the
records; or
(2) if the state agency makes a finding of abuse or
neglect, provide a copy of the record to the department not later
than the 10th day after the date the agency makes the finding.
(f) The department shall include information from a record
provided under Subsection (e) in the central registry under this
section.
SECTION 5. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0563 to read as follows:
Sec. 42.0563. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant
for a position with a child-care facility must submit, using a form
adopted by the department, a pre-employment affidavit disclosing
whether the applicant has ever been charged with, adjudicated for,
or convicted of having an inappropriate relationship with a minor.
(b) An applicant who answers affirmatively concerning an
inappropriate relationship with a minor must disclose in the
affidavit all relevant facts pertaining to the charge,
adjudication, or conviction, including, for a charge, whether the
charge was determined to be true or false.
(c) An applicant is not precluded from being employed based
on a disclosed charge if the employing entity determines based on
the information disclosed in the affidavit that the charge was
false.
(d) A determination that an employee failed to disclose
information required to be disclosed by an applicant under this
section is grounds for termination of employment.
SECTION 6. 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, or private
school that is accredited by an accrediting agency that is a member
of the Texas Private School Accreditation Commission;
(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.
SECTION 7. 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, 2023.