88R2478 ANG-D
By: Bettencourt S.B. No. 1471
A BILL TO BE ENTITLED
AN ACT
relating to access by the Texas Education Agency and private
schools to certain criminal history records.
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 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 4. 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.