89R1966 MEW-D
By: Bettencourt, et al. S.B. No. 571
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain contract employees to
provide services to a public school and access to the registry of
persons who are not eligible for employment at public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.0834(a) and (o), Education Code, are
amended to read as follows:
(a) This [Except as provided by Subsection (a-1), this]
subsection applies to a person who is not an applicant for or holder
of a certificate under Subchapter B, Chapter 21, and who is offered
employment by an entity or a subcontractor of an entity that
contracts with a school district, open-enrollment charter school,
or shared services arrangement to provide services, if[:
[(1)] the employee or applicant has or will have
[continuing] duties related to the contracted services that require
the employee or applicant to be physically present at an
instructional facility[; and
[(2) the employee or applicant has or will have direct
contact with students].
(o) A school district, charter school, regional education
service center, commercial transportation company, education
shared services arrangement, or qualified school contractor,
contracting entity, or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee:
(1) has been convicted of a felony or misdemeanor
offense that would prevent a person from being employed under
Section 22.085(a); or
(2) is identified as having engaged in misconduct
described by Section 22.093(c)(1)(A) or (B) using the interagency
reportable conduct search engine established under Chapter 810,
Health and Safety Code.
SECTION 2. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) entities and subcontractors of entities that
contract with a school district, open-enrollment charter school, or
shared services arrangement to provide services.
SECTION 3. The following provisions of the Education Code
are repealed:
(1) Sections 22.0834(a-1) and (l); and
(2) Section 22.0834(p)(2).
SECTION 4. Section 22.0834, Education Code, as amended by
this Act, applies only to a contract entered into on or after the
effective date of this Act.
SECTION 5. 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, 2025.