| 1 | 1 | | 88R24398 ANG-D |
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| 2 | 2 | | By: Noble, Walle, Wilson, et al. H.B. No. 3202 |
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| 3 | 3 | | Substitute the following for H.B. No. 3202: |
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| 4 | 4 | | By: Buckley C.S.H.B. No. 3202 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to access by the Texas Education Agency and private |
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| 10 | 10 | | schools to certain criminal history records. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 22.0825(b), Education Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (b) The agency shall subscribe to the criminal history |
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| 15 | 15 | | clearinghouse as provided by Section 411.0845, Government Code, and |
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| 16 | 16 | | may obtain from any law enforcement or criminal justice agency all |
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| 17 | 17 | | criminal history record information and all records contained in |
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| 18 | 18 | | any closed criminal investigation file that relate to a specific |
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| 19 | 19 | | applicant for employment or current or former employee of a school |
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| 20 | 20 | | district, district of innovation, open-enrollment charter school, |
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| 21 | 21 | | other charter entity, private school that is accredited by an |
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| 22 | 22 | | accrediting agency that is a member of the Texas Private School |
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| 23 | 23 | | Accreditation Commission, regional education service center, or |
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| 24 | 24 | | shared services arrangement. |
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| 25 | 25 | | SECTION 2. Subchapter C, Chapter 22, Education Code, is |
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| 26 | 26 | | amended by adding Section 22.08361 to read as follows: |
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| 27 | 27 | | Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD |
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| 28 | 28 | | INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In |
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| 29 | 29 | | this section, "qualified private school" has the meaning assigned |
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| 30 | 30 | | by Section 411.0972, Government Code. |
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| 31 | 31 | | (b) This section applies to a person who is an employee of or |
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| 32 | 32 | | an applicant for employment at a qualified private school. |
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| 33 | 33 | | (c) A qualified private school may require a person to whom |
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| 34 | 34 | | this section applies to submit to a national criminal history |
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| 35 | 35 | | record information review under this section before being employed |
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| 36 | 36 | | by the school. |
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| 37 | 37 | | (d) Before or immediately after securing the services of a |
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| 38 | 38 | | person to whom this section applies, a qualified private school may |
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| 39 | 39 | | submit or require the person to whom this section applies to submit |
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| 40 | 40 | | to the department information that is required by the department |
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| 41 | 41 | | for obtaining national criminal history record information, which |
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| 42 | 42 | | may include fingerprints and photographs. |
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| 43 | 43 | | (e) On receipt of the information under Subsection (c), the |
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| 44 | 44 | | department shall obtain the person's national criminal history |
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| 45 | 45 | | record information and report the results through the criminal |
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| 46 | 46 | | history clearinghouse as provided by Section 411.0845, Government |
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| 47 | 47 | | Code. |
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| 48 | 48 | | (f) Each qualified private school may obtain all criminal |
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| 49 | 49 | | history record information that relates to a person to whom this |
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| 50 | 50 | | section applies through the criminal history clearinghouse as |
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| 51 | 51 | | provided by Section 411.0845, Government Code, and may subscribe to |
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| 52 | 52 | | the criminal history record information of the person. |
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| 53 | 53 | | (g) A qualified private school may require a person to pay |
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| 54 | 54 | | any fees related to obtaining criminal history record information |
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| 55 | 55 | | under this section. |
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| 56 | 56 | | (h) If a qualified private school requires a person to whom |
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| 57 | 57 | | this section applies to submit to a national criminal history |
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| 58 | 58 | | record information review, the school shall provide the agency with |
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| 59 | 59 | | the name and information described by Subsection (d). The agency |
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| 60 | 60 | | shall facilitate the submission of information to the department to |
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| 61 | 61 | | allow the school to obtain all criminal history record information |
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| 62 | 62 | | that relates to the person to whom this section applies through the |
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| 63 | 63 | | criminal history clearinghouse as provided by Section 411.0845, |
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| 64 | 64 | | Government Code. |
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| 65 | 65 | | (i) The department, in coordination with the commissioner, |
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| 66 | 66 | | may adopt rules as necessary to implement this section. |
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| 67 | 67 | | SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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| 68 | 68 | | amended by adding Section 411.0972 to read as follows: |
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| 69 | 69 | | Sec. 411.0972. ACCESS TO CRIMINAL HISTORY RECORD |
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| 70 | 70 | | INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section, |
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| 71 | 71 | | "qualified private school" means a school that: |
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| 72 | 72 | | (1) offers a course of instruction for students in |
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| 73 | 73 | | this state in one or more grades from prekindergarten through grade |
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| 74 | 74 | | 12; |
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| 75 | 75 | | (2) is accredited by an organization recognized by the |
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| 76 | 76 | | Texas Education Agency or the Texas Private School Accreditation |
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| 77 | 77 | | Commission; and |
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| 78 | 78 | | (3) is determined to be eligible by the department |
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| 79 | 79 | | under Subsection (b). |
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| 80 | 80 | | (b) On request by a private school, the department shall |
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| 81 | 81 | | determine whether the school is eligible under the National Child |
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| 82 | 82 | | Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal |
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| 83 | 83 | | history record information that relates to an employee or an |
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| 84 | 84 | | applicant for employment. |
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| 85 | 85 | | (c) A qualified private school may obtain state criminal |
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| 86 | 86 | | history record information from the department. |
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| 87 | 87 | | (d) Except as provided by Subsection (f), criminal history |
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| 88 | 88 | | record information obtained by a qualified private school in the |
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| 89 | 89 | | original form or any subsequent form: |
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| 90 | 90 | | (1) may not be released to any person except the person |
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| 91 | 91 | | who is the subject of the information; |
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| 92 | 92 | | (2) is not subject to disclosure as provided by |
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| 93 | 93 | | Chapter 552; and |
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| 94 | 94 | | (3) shall be destroyed by the school after the |
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| 95 | 95 | | information is used for the authorized purpose. |
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| 96 | 96 | | (e) A qualified private school may obtain criminal history |
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| 97 | 97 | | record information from the Federal Bureau of Investigation |
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| 98 | 98 | | identification division in accordance with Section 411.087. |
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| 99 | 99 | | (f) Criminal history record information obtained from the |
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| 100 | 100 | | Federal Bureau of Investigation may not be released or disclosed |
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| 101 | 101 | | except on court order. |
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| 102 | 102 | | SECTION 4. This Act takes effect immediately if it receives |
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| 103 | 103 | | a vote of two-thirds of all the members elected to each house, as |
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| 104 | 104 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 105 | 105 | | Act does not receive the vote necessary for immediate effect, this |
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| 106 | 106 | | Act takes effect September 1, 2023. |
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