1 | 1 | | 89R1966 MEW-D |
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2 | 2 | | By: Bettencourt, et al. S.B. No. 571 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the eligibility of certain contract employees to |
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10 | 10 | | provide services to a public school and access to the registry of |
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11 | 11 | | persons who are not eligible for employment at public schools. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 22.0834(a) and (o), Education Code, are |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | (a) This [Except as provided by Subsection (a-1), this] |
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16 | 16 | | subsection applies to a person who is not an applicant for or holder |
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17 | 17 | | of a certificate under Subchapter B, Chapter 21, and who is offered |
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18 | 18 | | employment by an entity or a subcontractor of an entity that |
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19 | 19 | | contracts with a school district, open-enrollment charter school, |
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20 | 20 | | or shared services arrangement to provide services, if[: |
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21 | 21 | | [(1)] the employee or applicant has or will have |
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22 | 22 | | [continuing] duties related to the contracted services that require |
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23 | 23 | | the employee or applicant to be physically present at an |
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24 | 24 | | instructional facility[; and |
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25 | 25 | | [(2) the employee or applicant has or will have direct |
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26 | 26 | | contact with students]. |
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27 | 27 | | (o) A school district, charter school, regional education |
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28 | 28 | | service center, commercial transportation company, education |
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29 | 29 | | shared services arrangement, or qualified school contractor, |
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30 | 30 | | contracting entity, or subcontracting entity may not permit an |
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31 | 31 | | employee to whom Subsection (a) applies to provide services at a |
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32 | 32 | | school if the employee: |
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33 | 33 | | (1) has been convicted of a felony or misdemeanor |
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34 | 34 | | offense that would prevent a person from being employed under |
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35 | 35 | | Section 22.085(a); or |
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36 | 36 | | (2) is identified as having engaged in misconduct |
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37 | 37 | | described by Section 22.093(c)(1)(A) or (B) using the interagency |
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38 | 38 | | reportable conduct search engine established under Chapter 810, |
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39 | 39 | | Health and Safety Code. |
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40 | 40 | | SECTION 2. Section 22.092(d), Education Code, is amended to |
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41 | 41 | | read as follows: |
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42 | 42 | | (d) The agency shall provide equivalent access to the |
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43 | 43 | | registry maintained under this section to: |
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44 | 44 | | (1) private schools; |
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45 | 45 | | (2) public schools; [and] |
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46 | 46 | | (3) nonprofit teacher organizations approved by the |
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47 | 47 | | commissioner for the purpose of participating in the tutoring |
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48 | 48 | | program established under Section 33.913; and |
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49 | 49 | | (4) entities and subcontractors of entities that |
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50 | 50 | | contract with a school district, open-enrollment charter school, or |
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51 | 51 | | shared services arrangement to provide services. |
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52 | 52 | | SECTION 3. The following provisions of the Education Code |
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53 | 53 | | are repealed: |
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54 | 54 | | (1) Sections 22.0834(a-1) and (l); and |
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55 | 55 | | (2) Section 22.0834(p)(2). |
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56 | 56 | | SECTION 4. Section 22.0834, Education Code, as amended by |
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57 | 57 | | this Act, applies only to a contract entered into on or after the |
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58 | 58 | | effective date of this Act. |
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59 | 59 | | SECTION 5. This Act takes effect immediately if it receives |
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60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 63 | | Act takes effect September 1, 2025. |
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