Texas 2023 - 88th Regular

Texas House Bill HB4988 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10685 TSS-D
2	2	By: Davis H.B. No. 4988
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to national criminal history reviews of a member of a board
8	8	of trustees of an independent school district; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 11, Education Code, is
11	11	amended by adding Sections 11.0561 and 11.067 to read as follows:
12	12	Sec. 11.0561. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
13	13	REVIEW OF MEMBER OF BOARD OF TRUSTEES. (a) In this section,
14	14	"national criminal history record information" has the meaning
15	15	assigned by Section 22.081.
16	16	(b) A member of a board of trustees of a school district must
17	17	submit to a national criminal history record information review
18	18	under this section.
19	19	(c) A school district shall send, or ensure that each member
20	20	of the board of trustees sends, to the Department of Public Safety
21	21	information that is required by the department for obtaining
22	22	national criminal history record information, which may include
23	23	fingerprints and photographs.
24	24	(d) The department shall obtain the member's national
25	25	criminal history record information and report the results through
26	26	the criminal history clearinghouse as provided by Section 411.0845,
27	27	Government Code.
28	28	(e) Each school district shall obtain all criminal history
29	29	record information of each person serving as a member of the board
30	30	of trustees of the district through the criminal history
31	31	clearinghouse as provided by Section 411.0845, Government Code, to
32	32	confirm the person's eligibility for office under Sections 11.061
33	33	and 11.066 and to determine whether the person is prohibited from
34	34	engaging in certain conduct under Section 11.067. Notwithstanding
35	35	Section 411.097(d), Government Code, a district shall maintain a
36	36	record of information received under this section.
37	37	(f) A school district shall submit all criminal history
38	38	record information obtained under Subsection (e) to the agency. The
39	39	agency shall maintain a record of all information received under
40	40	this subsection.
41	41	(g) A school district may require a person submitting to a
42	42	national criminal history record information review under this
43	43	section to pay a fee related to obtaining criminal history record
44	44	information under this section.
45	45	(h) The commissioner may adopt rules to implement this
46	46	section, including rules establishing deadlines after election for
47	47	a school district to require a member of a board of trustees to
48	48	submit fingerprints and photographs in compliance with this
49	49	section.
50	50	(i) The agency, a school district, or an employee of the
51	51	district's board is not civilly or criminally liable for making or
52	52	receiving a report required under this section.
53	53	Sec. 11.067. CERTAIN CONDUCT PROHIBITED BY TRUSTEE
54	54	CONVICTED OF CERTAIN OFFENSES. (a) This section applies to:
55	55	(1) an offense punishable as a misdemeanor under the
56	56	following provisions of the Penal Code:
57	57	(A) Section 20.02 (unlawful restraint);
58	58	(B) Section 21.07 (public lewdness);
59	59	(C) Section 21.08 (indecent exposure);
60	60	(D) Section 22.01(a)(1) (assault);
61	61	(E) Section 22.012 (indecent assault);
62	62	(F) Section 22.05 (deadly conduct);
63	63	(G) Section 25.04 (enticing a child);
64	64	(H) Section 25.07 (violation of certain court
65	65	orders or conditions of bond in a family violence, child abuse or
66	66	neglect, sexual assault or abuse, indecent assault, stalking, or
67	67	trafficking case);
68	68	(I) Section 43.22 (obscene display or
69	69	distribution);
70	70	(J) Section 43.23 (obscenity);
71	71	(K) Section 43.24 (sale, distribution, or
72	72	display of harmful material to minor); and
73	73	(L) Section 43.261 (electronic transmission of
74	74	certain visual material depicting minor);
75	75	(2) an attempt or conspiracy to commit an offense
76	76	described by Subdivision (1); and
77	77	(3) an offense involving family violence, as defined
78	78	by Section 71.004, Family Code.
79	79	(b) A member of the board of trustees of a school district
80	80	who has been convicted of an offense to which this section applies
81	81	may not, while engaged in official duties as a member of the board
82	82	of trustees, enter a campus of the district or attend an activity
83	83	sponsored or sanctioned by the district.
84	84	SECTION 2. Section 411.097, Government Code, is amended by
85	85	adding Subsection (b-1) to read as follows:
86	86	(b-1) A school district is entitled to obtain from the
87	87	department criminal history record information maintained by the
88	88	department that the district is required or authorized to obtain
89	89	under Section 11.0561, Education Code, that relates to a member of
90	90	the district's board of trustees.
91	91	SECTION 3. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2023.