Texas 2023 - 88th Regular

Texas Senate Bill SB1471 Compare Versions

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1	1	S.B. No. 1471
2	2
3	3
4	4	AN ACT
5	5	relating to access by the Texas Education Agency and private
6	6	schools to certain criminal history records.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 22.0825(b), Education Code, is amended
9	9	to read as follows:
10	10	(b) The agency shall subscribe to the criminal history
11	11	clearinghouse as provided by Section 411.0845, Government Code, and
12	12	may obtain from any law enforcement or criminal justice agency all
13	13	criminal history record information and all records contained in
14	14	any closed criminal investigation file that relate to a specific
15	15	applicant for employment or current or former employee of a school
16	16	district, district of innovation, open-enrollment charter school,
17	17	other charter entity, private school that is accredited by an
18	18	accrediting agency that is a member of the Texas Private School
19	19	Accreditation Commission, regional education service center, or
20	20	shared services arrangement.
21	21	SECTION 2. Subchapter C, Chapter 22, Education Code, is
22	22	amended by adding Section 22.08361 to read as follows:
23	23	Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD
24	24	INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In
25	25	this section, "qualified private school" has the meaning assigned
26	26	by Section 411.0972, Government Code.
27	27	(b) This section applies to a person who is an employee of or
28	28	an applicant for employment at a qualified private school.
29	29	(c) A qualified private school may require a person to whom
30	30	this section applies to submit to a national criminal history
31	31	record information review under this section before being employed
32	32	by the school.
33	33	(d) Before or immediately after securing the services of a
34	34	person to whom this section applies, a qualified private school may
35	35	submit or require the person to whom this section applies to submit
36	36	to the department information that is required by the department
37	37	for obtaining national criminal history record information, which
38	38	may include fingerprints and photographs.
39	39	(e) On receipt of the information under Subsection (c), the
40	40	department shall obtain the person's national criminal history
41	41	record information and report the results through the criminal
42	42	history clearinghouse as provided by Section 411.0845, Government
43	43	Code.
44	44	(f) Each qualified private school may obtain all criminal
45	45	history record information that relates to a person to whom this
46	46	section applies through the criminal history clearinghouse as
47	47	provided by Section 411.0845, Government Code, and may subscribe to
48	48	the criminal history record information of the person.
49	49	(g) A qualified private school may require a person to pay
50	50	any fees related to obtaining criminal history record information
51	51	under this section.
52	52	(h) If a qualified private school requires a person to whom
53	53	this section applies to submit to a national criminal history
54	54	record information review, the school shall provide the agency with
55	55	the name and information described by Subsection (d). The agency
56	56	shall facilitate the submission of information to the department to
57	57	allow the school to obtain all criminal history record information
58	58	that relates to the person to whom this section applies through the
59	59	criminal history clearinghouse as provided by Section 411.0845,
60	60	Government Code.
61	61	(i) The department, in coordination with the commissioner,
62	62	may adopt rules as necessary to implement this section.
63	63	SECTION 3. Subchapter F, Chapter 411, Government Code, is
64	64	amended by adding Section 411.0972 to read as follows:
65	65	Sec. 411.0972. ACCESS TO CRIMINAL HISTORY RECORD
66	66	INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section,
67	67	"qualified private school" means a school that:
68	68	(1) offers a course of instruction for students in
69	69	this state in one or more grades from prekindergarten through grade
70	70	12;
71	71	(2) is accredited by an organization recognized by the
72	72	Texas Education Agency or the Texas Private School Accreditation
73	73	Commission; and
74	74	(3) is determined to be eligible by the department
75	75	under Subsection (b).
76	76	(b) On request by a private school, the department shall
77	77	determine whether the school is eligible under the National Child
78	78	Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal
79	79	history record information that relates to an employee or an
80	80	applicant for employment.
81	81	(c) A qualified private school may obtain state criminal
82	82	history record information from the department.
83	83	(d) Except as provided by Subsection (f), criminal history
84	84	record information obtained by a qualified private school in the
85	85	original form or any subsequent form:
86	86	(1) may not be released to any person except the person
87	87	who is the subject of the information;
88	88	(2) is not subject to disclosure as provided by
89	89	Chapter 552; and
90	90	(3) shall be destroyed by the school after the
91	91	information is used for the authorized purpose.
92	92	(e) A qualified private school may obtain criminal history
93	93	record information from the Federal Bureau of Investigation
94	94	identification division in accordance with Section 411.087.
95	95	(f) Criminal history record information obtained from the
96	96	Federal Bureau of Investigation may not be released or disclosed
97	97	except on court order.
98	98	SECTION 4. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2023.
103	103	______________________________ ______________________________
104	104	President of the Senate Speaker of the House
105	105	I hereby certify that S.B. No. 1471 passed the Senate on
106	106	May 3, 2023, by the following vote: Yeas 31, Nays 0.
107	107	______________________________
108	108	Secretary of the Senate
109	109	I hereby certify that S.B. No. 1471 passed the House on
110	110	May 19, 2023, by the following vote: Yeas 143, Nays 0,
111	111	one present not voting.
112	112	______________________________
113	113	Chief Clerk of the House
114	114	Approved:
115	115	______________________________
116	116	Date
117	117	______________________________
118	118	Governor