S.B. No. 1471
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. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.08361 to read as follows:
Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD
INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In
this section, "qualified private school" has the meaning assigned
by Section 411.0972, Government Code.
(b) This section applies to a person who is an employee of or
an applicant for employment at a qualified private school.
(c) A qualified private school may require a person to whom
this section applies to submit to a national criminal history
record information review under this section before being employed
by the school.
(d) Before or immediately after securing the services of a
person to whom this section applies, a qualified private school may
submit or require the person to whom this section applies to submit
to the department information that is required by the department
for obtaining national criminal history record information, which
may include fingerprints and photographs.
(e) On receipt of the information under Subsection (c), the
department shall obtain the person's national criminal history
record information and report the results through the criminal
history clearinghouse as provided by Section 411.0845, Government
Code.
(f) Each qualified private school may obtain all criminal
history record information that relates to a person to whom this
section applies through the criminal history clearinghouse as
provided by Section 411.0845, Government Code, and may subscribe to
the criminal history record information of the person.
(g) A qualified private school may require a person to pay
any fees related to obtaining criminal history record information
under this section.
(h) If a qualified private school requires a person to whom
this section applies to submit to a national criminal history
record information review, the school shall provide the agency with
the name and information described by Subsection (d). The agency
shall facilitate the submission of information to the department to
allow the school to obtain all criminal history record information
that relates to the person to whom this section applies through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code.
(i) The department, in coordination with the commissioner,
may adopt rules as necessary to implement this section.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0972 to read as follows:
Sec. 411.0972. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section,
"qualified private school" means a school that:
(1) offers a course of instruction for students in
this state in one or more grades from prekindergarten through grade
12;
(2) is accredited by an organization recognized by the
Texas Education Agency or the Texas Private School Accreditation
Commission; and
(3) is determined to be eligible by the department
under Subsection (b).
(b) On request by a private school, the department shall
determine whether the school is eligible under the National Child
Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal
history record information that relates to an employee or an
applicant for employment.
(c) A qualified private school may obtain state criminal
history record information from the department.
(d) Except as provided by Subsection (f), criminal history
record information obtained by a qualified private school in the
original form or any subsequent form:
(1) may not be released to any person except the person
who is the subject of the information;
(2) is not subject to disclosure as provided by
Chapter 552; and
(3) shall be destroyed by the school after the
information is used for the authorized purpose.
(e) A qualified private school may obtain criminal history
record information from the Federal Bureau of Investigation
identification division in accordance with Section 411.087.
(f) Criminal history record information obtained from the
Federal Bureau of Investigation may not be released or disclosed
except on court order.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1471 passed the Senate on
May 3, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1471 passed the House on
May 19, 2023, by the following vote: Yeas 143, Nays 0,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor