Texas 2025 - 89th Regular

Texas House Bill HB5344 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12908 JG-D
2	2	By: Villalobos H.B. No. 5344
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility of certain persons to provide services
10	10	as an employee, volunteer, or contractor for certain agencies,
11	11	including public school contractors, and access to the registry of
12	12	persons who are not eligible for employment at public schools.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Chapter 810, Health and Safety
15	15	Code, is amended to read as follows:
16	16	CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE;
17	17	REQUIRED DETERMINATION OF REPORTABLE CONDUCT
18	18	SECTION 2. Chapter 810, Health and Safety Code, is amended
19	19	by adding Section 810.0055 to read as follows:
20	20	Sec. 810.0055. REQUIRED DETERMINATION OF REPORTABLE
21	21	CONDUCT. (a) Notwithstanding any other law, a participating state
22	22	agency:
23	23	(1) shall ensure an investigation is conducted and a
24	24	determination is issued for each allegation of reportable conduct
25	25	against an agency employee, volunteer, or contractor, regardless of
26	26	whether the employee, volunteer, or contractor voluntarily resigns
27	27	or surrenders a license or certification the employee, volunteer,
28	28	or contractor would otherwise be ineligible to hold as a result of
29	29	the determination; and
30	30	(2) may not authorize the dismissal of an appeal or
31	31	enter into a settlement agreement, through mediation or other
32	32	means, related to an allegation of reportable conduct against an
33	33	agency employee, volunteer, or contractor if the dismissal or
34	34	agreement would prevent issuance of a determination on the
35	35	allegation.
36	36	(b) A participating state agency shall ensure each
37	37	individual the agency determines has engaged in reportable conduct
38	38	in accordance with this section is included in the search engine as
39	39	required by this chapter.
40	40	SECTION 3. Sections 22.0834(a) and (o), Education Code, are
41	41	amended to read as follows:
42	42	(a) This [Except as provided by Subsection (a-1), this]
43	43	subsection applies to a person who is not an applicant for or holder
44	44	of a certificate under Subchapter B, Chapter 21, and who is offered
45	45	employment by an entity or a subcontractor of an entity that
46	46	contracts with a school district, open-enrollment charter school,
47	47	or shared services arrangement to provide services, if:
48	48	(1) the employee or applicant has or will have
49	49	continuing duties related to the contracted services; and
50	50	(2) the employee or applicant has or will have direct
51	51	contact with students.
52	52	(o) A school district, charter school, regional education
53	53	service center, commercial transportation company, education
54	54	shared services arrangement, or qualified school contractor,
55	55	contracting entity, or subcontracting entity may not permit an
56	56	employee to whom Subsection (a) applies to provide services at a
57	57	school if the employee:
58	58	(1) has been convicted of a felony or misdemeanor
59	59	offense that would prevent a person from being employed under
60	60	Section 22.085(a); or
61	61	(2) is identified as having engaged in misconduct
62	62	described by Section 22.093(c)(1)(A) or (B) using the interagency
63	63	reportable conduct search engine established under Chapter 810,
64	64	Health and Safety Code.
65	65	SECTION 4. Section 22.092(d), Education Code, is amended to
66	66	read as follows:
67	67	(d) The agency shall provide equivalent access to the
68	68	registry maintained under this section to:
69	69	(1) private schools;
70	70	(2) public schools; [and]
71	71	(3) nonprofit teacher organizations approved by the
72	72	commissioner for the purpose of participating in the tutoring
73	73	program established under Section 33.913; and
74	74	(4) entities and subcontractors of entities that
75	75	contract with a school district, open-enrollment charter school, or
76	76	shared services arrangement to provide services.
77	77	SECTION 5. The following provisions of the Education Code
78	78	are repealed:
79	79	(1) Sections 22.0834(a-1) and (l); and
80	80	(2) Section 22.0834(p)(2).
81	81	SECTION 6. Section 22.0834, Education Code, as amended by
82	82	this Act, applies only to a contract entered into on or after the
83	83	effective date of this Act.
84	84	SECTION 7. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2025.