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�	S.B.�No.�9

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�	AN ACT
�	relating to the disclosure or dissemination of criminal history
�	record information, child abuse investigation reports, and school
�	district audit working papers for certain purposes, including the
�	certification and employment of educators and other public school
�	employees who engage in certain misconduct.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Subchapter B, Chapter 8, Education Code, is
�	amended by adding Section 8.057 to read as follows:
�	�������Sec.�8.057.��ASSISTANCE WITH CRIMINAL HISTORY RECORD
�	INFORMATION. The agency may require a regional education service
�	center to assist in collecting information needed for a criminal
�	history record information review under Subchapter C, Chapter 22.
�	�������SECTION�2.��Subchapter D, Chapter 12, Education Code, is
�	amended by adding Section 12.1059 to read as follows:
�	�������Sec.�12.1059.��AGENCY APPROVAL REQUIRED FOR CERTAIN
�	EMPLOYEES. �A person may not be employed by or serve as a teacher,
�	librarian, educational aide, administrator, or counselor for an
�	open-enrollment charter school unless the person has been approved
�	by the agency following a review of the person's national criminal
�	history record information as provided by Section 22.0832.
�	�������SECTION�3.��Subchapter A, Chapter 21, Education Code, is
�	amended by adding Section 21.007 to read as follows:
�	�������Sec.�21.007.��NOTICE ON CERTIFICATION RECORD OF ALLEGED
�	MISCONDUCT. �(a)��In this section, "board"�means the State Board
�	for Educator Certification.
�	�������(b)��The board shall adopt a procedure for placing a notice
�	of alleged misconduct on an educator's public certification
�	records. �The procedure adopted by the board must provide for
�	immediate placement of a notice of alleged misconduct on an
�	educator's public certification records if the alleged misconduct
�	presents a risk to the health, safety, or welfare of a student or
�	minor as determined by the board.
�	�������(c)��The board must notify an educator in writing when
�	placing a notice of an alleged incident of misconduct on the public
�	certification records of the educator.
�	�������(d)��The board must provide an opportunity for an educator to
�	show cause why the notice should not be placed on the educator's
�	public certification records. The board shall propose rules
�	establishing the length of time that a notice may remain on the
�	educator's public certification records before the board must:
�	�������������(1)��initiate a proceeding to impose a sanction on the
�	educator on the basis of the alleged misconduct; or
�	�������������(2)��remove the notice from the educator's public
�	certification records.
�	�������(e)��If it is determined that the educator has not engaged in
�	the alleged incident of misconduct, the board shall immediately
�	remove the notice from the educator's public certification records.
�	�������(f)��The board shall propose rules necessary to administer
�	this section.
�	�������SECTION�4.��Section 21.048, Education Code, is amended by
�	adding Subsection (c-1) to read as follows:
�	�������(c-1)��The results of an examination administered under this
�	section are confidential and are not subject to disclosure under
�	Chapter 552, Government Code, unless:
�	�������������(1)��the disclosure is regarding notification to a
�	parent of the assignment of an uncertified teacher to a classroom as
�	required by Section 21.057; or
�	�������������(2)��the educator has failed the examination more than
�	five times.
�	�������SECTION�5.��Subchapter B, Chapter 21, Education Code, is
�	amended by adding Section 21.060 to read as follows:
�	�������Sec.�21.060.��ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN
�	OFFENSES. �The board may suspend or revoke the certificate or permit
�	held by a person under this subchapter, impose other sanctions
�	against the person, or refuse to issue a certificate or permit to a
�	person�under this subchapter if the person has�been convicted of a
�	felony or misdemeanor offense relating to the duties and
�	responsibilities of the education profession, including:
�	�������������(1)��an offense involving moral turpitude;
�	�������������(2)��an offense involving a form of sexual or physical
�	abuse of a minor or student or other illegal conduct in which the
�	victim is a minor or student;
�	�������������(3)��a felony offense involving the possession,
�	transfer, sale, or distribution of or conspiracy to possess,
�	transfer, sell, or distribute a controlled substance, as defined by
�	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
�	seq.;
�	�������������(4)��an offense involving the illegal transfer,
�	appropriation, or use of school district funds or other district
�	property; or
�	�������������(5)��an offense involving an attempt by fraudulent or
�	unauthorized means to obtain or alter a professional certificate or
�	license issued under this subchapter.
�	�������SECTION�6.��Sections 22.081 and 22.082, Education Code, are
�	amended to read as follows:
�	�������Sec.�22.081.��DEFINITIONS [DEFINITION]. �In this subchapter:
�	�������������(1)��"Department" means the Department of Public
�	Safety.
�	�������������(2)��"National criminal history record information"
�	means criminal history record information obtained from the
�	department under Subchapter F, Chapter 411, Government Code, and
�	from the Federal Bureau of Investigation under Section 411.087,
�	Government Code.
�	�������������(3)��"Private[, "private] school" means a school that:
�	�������������������(A)�[(1)]��offers a course of instruction for
�	students in one or more grades from prekindergarten through grade
�	12; and
�	�������������������(B)�[(2)]��is not operated by a governmental
�	entity.
�	�������Sec.�22.082.��ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
�	BOARD FOR EDUCATOR CERTIFICATION. �The State Board for Educator
�	Certification 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�[relates] to a
�	specific�[an] applicant for or holder of a certificate issued under
�	Subchapter B, Chapter 21.
�	�������SECTION�7.��The heading to Section 22.083, Education Code,
�	is amended to read as follows:
�	�������Sec.�22.083.��ACCESS TO CRIMINAL HISTORY RECORDS OF
�	EMPLOYEES�BY LOCAL AND REGIONAL EDUCATION AUTHORITIES.
�	�������SECTION�8.��Section 22.083, Education Code, is amended by
�	amending Subsections (a) and (b) and adding Subsections (a-1) and
�	(a-2) to read as follows:
�	�������(a)��A school district, open-enrollment charter school,
�	[private school, regional education service center,] or shared
�	services arrangement shall [may] obtain [from any � law enforcement
�	or criminal justice agency all] criminal history record information
�	that relates to a person who is not subject to a national criminal
�	history record information review under this subchapter and who is
�	an employee of:
�	�������������(1)��[whom] the district or[,] school[, service center,
�	or shared services arrangement intends to employ in any capacity];
�	or
�	�������������(2)��a shared services arrangement, if the employee's
�	duties are performed on school property or at another location
�	where students are regularly present�[who has indicated, in
�	writing, an intention to serve as a volunteer with the district,
�	school, service center, or shared services arrangement].
�	�������(a-1)��A school district, open-enrollment charter school, or
�	shared services arrangement may obtain the criminal history record
�	information from:
�	�������������(1)��the department;
�	�������������(2)��a law enforcement or criminal justice agency; or
�	�������������(3)��a private entity that is a consumer reporting
�	agency governed by the Fair Credit Reporting Act (15 U.S.C. Section
�	1681 et seq.).
�	�������(a-2)��A shared services arrangement may obtain from any law
�	enforcement or criminal justice agency all criminal history record
�	information that relates to a person who is not subject to
�	Subsection (a) and whom the shared services arrangement intends to
�	employ in any capacity.
�	�������(b)��A private school or regional education service center
�	may�[An open-enrollment charter school shall] obtain from any law
�	enforcement or criminal justice agency all criminal history record
�	information that relates to:
�	�������������(1)��a person whom the school or service center�intends
�	to employ in any capacity; or
�	�������������(2)��an employee of or applicant for employment by a
�	person that contracts with the school or service center to provide
�	services, if:
�	�������������������(A)��the employee or applicant has or will have
�	continuing duties related to the contracted services; and
�	�������������������(B)��the employee or applicant has or will have
�	direct contact with students [a person who has indicated, in
�	writing, an intention to serve as a volunteer with the school].
�	�������SECTION�9.��Subchapter C, Chapter 22, Education Code, is
�	amended by adding Sections 22.0831 through 22.0837 to read as
�	follows:
�	�������Sec.�22.0831.��NATIONAL CRIMINAL HISTORY RECORD INFORMATION
�	REVIEW OF CERTIFIED EDUCATORS. (a)��In this section, "board"�means
�	the State Board for Educator Certification.
�	�������(b)��This section applies to a person who is an applicant for
�	or holder of a certificate under Subchapter B, Chapter 21, and who
�	is employed by or is an applicant for employment by a school
�	district, open-enrollment charter school, or shared services
�	arrangement.
�	�������(c)��The board shall review the national criminal history
�	record information of a person who has not previously submitted
�	fingerprints to the department or been subject to a national
�	criminal history record information review.
�	�������(d)��The board shall place an educator's certificate on
�	inactive status for failure to comply with a deadline for
�	submitting information required under this section.
�	�������(e)��The board may allow a person who is applying for a
�	certificate under Subchapter B, Chapter 21, and who currently
�	resides in another state to submit the person's fingerprints and
�	other required information in a manner that does not impose an undue
�	hardship on the person.
�	�������(f)��The board may propose rules to implement this section,
�	including rules establishing:
�	�������������(1)��deadlines for a person to submit fingerprints and
�	photographs in compliance with this section; and
�	�������������(2)��sanctions for a person's failure to comply with the
�	requirements of this section, including suspension or revocation of
�	a certificate or refusal to issue a certificate.
�	�������(g)��The board by rule shall establish a schedule for
�	obtaining and reviewing the information a certified educator must
�	provide the board under this section. Not later than September 1,
�	2011, the board must obtain all national criminal history record
�	information on all certified educators. �This subsection expires
�	October 1, 2011.
�	�������Sec.�22.0832.��NATIONAL CRIMINAL HISTORY RECORD INFORMATION
�	REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES.
�	(a)��The agency shall review the national criminal history record
�	information of an employee of an open-enrollment charter school to
�	whom Section 12.1059 applies in the same manner as the State Board
�	for Educator Certification reviews certified educators under
�	Section 22.0831. If the agency determines that, based on
�	information contained in an employee's criminal history record
�	information, the employee would not be eligible for educator
�	certification under Subchapter B, Chapter 21, the agency shall
�	notify the open-enrollment charter school in writing that the
�	person may not be employed by the school or serve in a capacity
�	described by Section 12.1059.
�	�������(b)��An open-enrollment charter school must provide the
�	agency with any information requested by the agency to enable the
�	agency to complete a review under Subsection (a). �Failure of an
�	open-enrollment charter school to provide information under this
�	subsection is a material violation of the school's charter.
�	�������Sec.�22.0833.��NATIONAL CRIMINAL HISTORY RECORD INFORMATION
�	REVIEW OF NONCERTIFIED EMPLOYEES. (a)��This section applies to a
�	person who is not an applicant for or holder of a certificate under
�	Subchapter B, Chapter 21, and who on or after January 1, 2008, is
�	offered employment by:
�	�������������(1)��a school district or open-enrollment charter
�	school; or
�	�������������(2)��a shared services arrangement, if the employee's
�	or applicant's duties are or will be performed on school property or
�	at another location where students are regularly present.
�	�������(b)��A person to whom this section applies must submit to a
�	national criminal history record information review under this
�	section before being employed or serving in a capacity described by
�	Subsection (a).
�	�������(c)��Before or immediately after employing or securing the
�	services of a person to whom this section applies, a school
�	district, open-enrollment charter school, or shared services
�	arrangement shall send or ensure that the person sends to the
�	department information that is required by the department for
�	obtaining national criminal history record information, which may
�	include fingerprints and photographs.
�	�������(d)��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.
�	�������(e)��Each school district, open-enrollment charter school,
�	and shared services arrangement shall 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 shall subscribe to the
�	criminal history record information of the person.
�	�������(f)��The school district, open-enrollment charter school, or
�	shared services arrangement may require a person to pay any fees
�	related to obtaining criminal history record information under this
�	section.
�	�������(g)��A school district, open-enrollment charter school, or
�	shared services arrangement shall provide the agency with the name
�	of a person to whom this section applies. �The agency shall obtain
�	all criminal history record information of the person through the
�	criminal history clearinghouse as provided by Section 411.0845,
�	Government Code. �The agency shall examine the criminal history
�	record information of the person and notify the district, school,
�	or shared services arrangement if the person may not be hired or
�	must be discharged as provided by Section 22.085.
�	�������(h)��The agency, the State Board for Educator Certification,
�	school districts, open-enrollment charter schools, and shared
�	services arrangements may coordinate as necessary to ensure that
�	criminal history reviews authorized or required under this
�	subchapter are not unnecessarily duplicated.
�	�������(i)��The department in coordination with the commissioner
�	may adopt rules necessary to implement this section.
�	�������Sec.�22.0834.�� CRIMINAL HISTORY RECORD INFORMATION REVIEW
�	OF CERTAIN CONTRACT EMPLOYEES. �(a)��This subsection applies to a
�	person who is not an applicant for or holder of a certificate under
�	Subchapter B, Chapter 21, and who on or after January 1, 2008, is
�	offered employment by 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; and
�	�������������(2)��the employee or applicant has or will have direct
�	contact with students.
�	�������(b)��A person to whom Subsection (a) applies must submit to a
�	national criminal history record information review under this
�	section before being employed or serving in a capacity described by
�	that subsection.
�	�������(c)��Before or immediately after employing or securing the
�	services of a person to whom Subsection (a) applies, the entity
�	contracting with a school district, open-enrollment charter
�	school, or shared services arrangement shall send or ensure that
�	the person sends to the department information that is required by
�	the department for obtaining national criminal history record
�	information, which may include fingerprints and photographs. �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.
�	�������(d)��An entity contracting with a school district,
�	open-enrollment charter school, or shared services arrangement
�	shall obtain all criminal history record information that relates
�	to a person to whom Subsection (a) applies through the criminal
�	history clearinghouse as provided by Section 411.0845, Government
�	Code. �The entity shall certify to the school district that the
�	entity has received all criminal history record information
�	relating to a person to whom Subsection (a) applies.
�	�������(e)��A school district, open-enrollment charter school, or
�	shared services arrangement may obtain the criminal history record
�	information of a person to whom this section applies through the
�	criminal history clearinghouse as provided by Section 411.0845,
�	Government Code.
�	�������(f)��In the event of an emergency, a school district may
�	allow a person to whom Subsection (a) or (g) applies to enter school
�	district property if the person is accompanied by a district
�	employee. �A school district may adopt rules regarding an emergency
�	situation under this subsection.
�	�������(g)��An entity that contracts with a school district,
�	open-enrollment charter school, or shared services arrangement to
�	provide services shall obtain from any law enforcement or criminal
�	justice agency or a private entity that is a consumer reporting
�	agency governed by the Fair Credit Reporting Act (15 U.S.C. Section
�	1681 et seq.), all criminal history record information that relates
�	to an employee of the entity who is employed before January 1, 2008,
�	and who is not subject to a national criminal history record
�	information review under Subsection (b) if:
�	�������������(1)��the employee has continuing duties related to the
�	contracted services; and
�	�������������(2)��the employee has direct contact with students.
�	�������(h)��A school district, open-enrollment charter school, or
�	shared services arrangement may obtain from any law enforcement or
�	criminal justice agency all criminal history record information
�	that relates to a person to whom Subsection (g) applies.
�	�������(i)��An entity shall certify to a school district that it has
�	received all criminal history record information required by
�	Subsection (g).
�	�������(j)��The commissioner may adopt rules as necessary to
�	implement this section.
�	�������Sec.�22.0835.��ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT
�	TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION
�	AUTHORITIES. (a)��A school district, open-enrollment charter
�	school, or shared services arrangement shall obtain from the
�	department and may obtain from any other law enforcement or
�	criminal justice agency or a private entity that is a consumer
�	reporting agency governed by the Fair Credit Reporting Act (15
�	U.S.C. Section 1681 et seq.), all criminal history record
�	information that relates to:
�	�������������(1)��a person participating in an internship consisting
�	of student teaching to receive a teaching certificate; or
�	�������������(2)��a volunteer or person who has indicated, in
�	writing, an intention to serve as a volunteer with the district,
�	school, or shared services arrangement.
�	�������(b)��A private school or regional education service center
�	may obtain from any law enforcement or criminal justice agency all
�	criminal history record information that relates to a person who
�	volunteers or has indicated, in writing, an intention to serve as a
�	volunteer with the school or service center.
�	�������(c)��A person to whom Subsection (a) or (b) applies must
�	provide to the school district, open-enrollment charter school,
�	private school, regional education service center, or shared
�	services arrangement a driver's license or another form of
�	identification containing the person's photograph issued by an
�	entity of the United States government.
�	�������(d)��A person to whom Subsection (a) applies may not perform
�	any student teaching or volunteer duties until all requirements
�	under Subsections (a) and (c) have been satisfied.
�	�������(e)��Subsections (a) and (c) do not apply to a person who
�	volunteers or is applying to volunteer with a school district,
�	open-enrollment charter school, or shared services arrangement if
�	the person:
�	�������������(1)��is the parent, guardian, or grandparent of a child
�	who is enrolled in the district or school for which the person
�	volunteers or is applying to volunteer;
�	�������������(2)��will be accompanied by a school district employee
�	while on a school campus; or
�	�������������(3)��is volunteering for a single event on the school
�	campus.
�	�������(f)��A school district, open-enrollment charter school, or
�	shared services arrangement may obtain from any law enforcement or
�	criminal justice agency all criminal history record information
�	that relates to a person to whom Subsection (e) applies.
�	�������(g)��A school district, open-enrollment charter school,
�	private school, regional education service center, or shared
�	services arrangement may require a student teacher, volunteer, or
�	volunteer applicant to pay any costs related to obtaining criminal
�	history record information under this section.
�	�������Sec.�22.0836.��NATIONAL CRIMINAL HISTORY RECORD INFORMATION
�	REVIEW OF SUBSTITUTE TEACHERS. (a)��This section applies to a
�	person who is a substitute teacher for a school district,
�	open-enrollment charter school, or shared services arrangement.
�	�������(b)��A person to whom this section applies must submit to a
�	national criminal history record information review under this
�	section.
�	�������(c)��A school district, open-enrollment charter school, or
�	shared services arrangement shall send or ensure that a person to
�	whom this section applies sends to the department information that
�	is required by the department for obtaining national criminal
�	history record information, which may include fingerprints and
�	photographs.
�	�������(d)��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.
�	�������(e)��Each school district, open-enrollment charter school,
�	and shared services arrangement shall 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.
�	�������(f)��The school district, open-enrollment charter school, or
�	shared services arrangement may require a person to pay any fees
�	related to obtaining criminal history record information under this
�	section.
�	�������(g)��A school district, open-enrollment charter school, or
�	shared services arrangement shall provide the agency with the name
�	of a person to whom this section applies. �The agency shall obtain
�	all criminal history record information of the person through the
�	criminal history clearinghouse as provided by Section 411.0845,
�	Government Code. �The agency shall examine the criminal history
�	record information and certification records of the person and
�	notify the district, school, or shared services arrangement if the
�	person:
�	�������������(1)��may not be hired or must be discharged as provided
�	by Section 22.085; or
�	�������������(2)��may not be employed as a substitute teacher
�	because the person's educator certification has been revoked or is
�	suspended.
�	�������(h)��The commissioner may adopt rules to implement this
�	section, including rules establishing deadlines for a school
�	district, open-enrollment charter school, or shared services
�	arrangement to require a person to whom this section applies to
�	submit fingerprints and photographs in compliance with this section
�	and the circumstances under which a person may not continue to be
�	employed as a substitute teacher.
�	�������(i)��The agency shall establish a schedule for obtaining and
�	reviewing the information a school district, open-enrollment
�	charter school, or shared services arrangement and a substitute
�	teacher must provide under this section. Not later than September
�	1, 2011, the agency must obtain all national criminal history
�	record information on all substitute teachers. �This subsection
�	expires October 1, 2011.
�	�������(j)��The department in coordination with the commissioner
�	may adopt rules necessary to implement this section.
�	�������Sec.�22.0837.��FEE FOR NATIONAL CRIMINAL HISTORY RECORD
�	INFORMATION. The agency by rule shall require a person submitting
�	to a national criminal history record information review under
�	Section 22.0832, 22.0833, or 22.0836 to pay a fee for the review in
�	an amount not to exceed the amount of any fee imposed on an
�	applicant for certification under Subchapter B, Chapter 21, for a
�	national criminal history record information review under Section
�	22.0831. The agency or the department may require an entity
�	authorized to collect information for a national criminal history
�	record information review to collect the fee required under this
�	section and to remit the funds collected to the agency.
�	�������SECTION�10.��Section 22.085, Education Code, is amended to
�	read as follows:
�	�������Sec.�22.085.��[DISCHARGE OF] EMPLOYEES AND APPLICANTS
�	CONVICTED OF CERTAIN OFFENSES. �(a)��A school district,
�	open-enrollment charter school, or shared services arrangement
�	shall discharge or refuse to hire an employee or applicant for
�	employment if the district, school, or shared services arrangement
�	obtains information through a criminal history record information
�	review that:
�	�������������(1)��the employee or applicant has been convicted of:
�	�������������������(A)��a felony offense under Title 5, Penal Code;
�	�������������������(B)��an offense on conviction of which a defendant
�	is required to register as a sex offender under Chapter 62, Code of
�	Criminal Procedure; or
�	�������������������(C)��an offense under the laws of another state or
�	federal law that is equivalent to an offense under Paragraph (A) or
�	(B); and
�	�������������(2)��at the time the offense occurred, the victim of the
�	offense described by Subdivision (1) was under 18 years of age or
�	was enrolled in a public school.
�	�������(b)��Subsection (a) does not apply if the employee or
�	applicant for employment committed an offense under Title 5, Penal
�	Code and:
�	�������������(1)��the date of the offense is more than 30 years
�	before:
�	�������������������(A)��the effective date of S.B. No. 9, Acts of the
�	80th Legislature, Regular Session, 2007, in the case of a person
�	employed by a school district, open-enrollment charter school, or
�	shared services arrangement as of that date; or
�	�������������������(B)��the date the person's employment will begin,
�	in the case of a person applying for employment with a school
�	district, open-enrollment charter school, or shared services
�	arrangement after the effective date of S.B. No. 9, Acts of the 80th
�	Legislature, Regular Session, 2007; and
�	�������������(2)��the employee or applicant for employment satisfied
�	all terms of the court order entered on conviction.
�	�������(c)��A school district, open-enrollment charter school, or
�	shared services arrangement may not allow a person who is an
�	employee of or applicant for employment by an entity that contracts
�	with the district, school, or shared services arrangement to serve
�	at the district or school or for the shared services arrangement if
�	the district, school, or shared services arrangement obtains
�	information described by Subsection (a) through a criminal history
�	record information review concerning the employee or applicant. �A
�	school district, open-enrollment charter school, or shared
�	services arrangement must ensure that an entity that the district,
�	school, or shared services arrangement contracts with for services
�	has obtained all criminal history record information as required by
�	Section 22.0834.
�	�������(d)��A school district, open-enrollment charter school,
�	private school, regional education service center, or shared
�	services arrangement may discharge an employee if the district or
�	school obtains information of the employee's conviction of a felony
�	or of a misdemeanor involving moral turpitude that the employee did
�	not disclose to the State Board for Educator Certification or the
�	district, school, service center, or shared services arrangement.
�	An employee discharged under this section is considered to have
�	been discharged for misconduct for purposes of Section 207.044,
�	Labor Code.
�	�������(e)��The State Board for Educator Certification may impose a
�	sanction on an educator who does not discharge an employee or refuse
�	to hire an applicant if the educator knows or should have known,
�	through a criminal history record information review, that the
�	employee or applicant has been convicted of an offense described by
�	Subsection (a).
�	�������(f)��Each school year, the superintendent of a school
�	district or chief operating officer of an open-enrollment charter
�	school shall certify to the commissioner that the district or
�	school has complied with this section.
�	�������SECTION�11.��Subchapter C, Chapter 22, Education Code, is
�	amended by adding Section 22.087 to read as follows:
�	�������Sec.�22.087.��NOTIFICATION TO STATE BOARD FOR EDUCATOR
�	CERTIFICATION. The superintendent of a school district or the
�	director of an open-enrollment charter school, private school,
�	regional education service center, or shared services arrangement
�	shall promptly notify the State Board for Educator Certification in
�	writing if the person obtains or has knowledge of information
�	showing that an applicant for or holder of a certificate issued
�	under Subchapter B, Chapter 21, has a reported criminal history.
�	�������SECTION�12.��Subchapter A, Chapter 38, Education Code, is
�	amended by adding Section 38.022 to read as follows:
�	�������Sec.�38.022.��SCHOOL VISITORS. (a)��A school district may
�	require a person who enters a district campus to display the
�	person's driver's license or another form of identification
�	containing the person's photograph issued by a governmental entity.
�	�������(b)��A school district may establish an electronic database
�	for the purpose of storing information concerning visitors to
�	district campuses. Information stored in the electronic database
�	may be used only for the purpose of school district security and may
�	not be sold or otherwise disseminated to a third party for any
�	purpose.
�	�������(c)��A school district may verify whether a visitor to a
�	district campus is a sex offender registered with the computerized
�	central database maintained by the Department of Public Safety as
�	provided by Article 62.005, Code of Criminal Procedure, or any
�	other database accessible by the district.
�	�������(d)��The board of trustees of a school district shall adopt a
�	policy regarding the action to be taken by the administration of a
�	school campus when a visitor is identified as a sex offender.
�	�������SECTION�13.��Section 261.308, Family Code, is amended by
�	adding Subsections (d) and (e) to read as follows:
�	�������(d)��The department shall release information regarding a
�	person alleged to have committed abuse or neglect to persons who
�	have control over the person's access to children, including, as
�	appropriate, the Texas Education Agency, the State Board for
�	Educator Certification, the local school board or the school's
�	governing body, the superintendent of the school district, or the
�	school principal or director if the department determines that:
�	�������������(1)��the person alleged to have committed abuse or
�	neglect poses a substantial and immediate risk of harm to one or
�	more children outside the family of a child who is the subject of
�	the investigation; and
�	�������������(2)��the release of the information is necessary to
�	assist in protecting one or more children from the person alleged to
�	have committed abuse or neglect.
�	�������(e)��On request, the department shall release information
�	about a person alleged to have committed abuse or neglect to the
�	State Board for Educator Certification if the board has a
�	reasonable basis for believing that the information is necessary to
�	assist the board in protecting children from the person alleged to
�	have committed abuse or neglect.
�	�������SECTION�14.��Subsection (b), Section 261.406, Family Code,
�	is amended to read as follows:
�	�������(b)��The department shall send a copy of the completed�
�	[written] report of the department's investigation[, as
�	appropriate,] to the Texas Education Agency, the State Board for
�	Educator Certification�[agency responsible for teacher
�	certification], the local school board or the school's governing
�	body, the superintendent of the school district, and the school
�	principal or director, unless the principal or director is alleged
�	to have committed the abuse or neglect, for appropriate action. �On
�	request, the department shall provide a copy of the report of
�	investigation to the parent, managing conservator, or legal
�	guardian of a child who is the subject of the investigation and to
�	the person alleged to have committed the abuse or neglect. �The
�	report of investigation shall be edited to protect the identity of
�	the persons who made the report of abuse or neglect. �Other than the
�	persons authorized by the section to receive a copy of the report,�
�	Section 261.201(b) applies to the release of the report�
�	[confidential information] relating to the investigation of [a
�	report of] abuse or neglect under this section and to the identity
�	of the person who made the report of abuse or neglect.
�	�������SECTION�15.��Section 411.042, Government Code, is amended by
�	amending Subsections (b) and (g) and adding Subsection (h) to read
�	as follows:
�	�������(b)��The bureau of identification and records shall:
�	�������������(1)��procure and file for record photographs, pictures,
�	descriptions, fingerprints, measurements, and other pertinent
�	information of all persons arrested for or charged with a criminal
�	offense or convicted of a criminal offense, regardless of whether
�	the conviction is probated;
�	�������������(2)��collect information concerning the number and
�	nature of offenses reported or known to have been committed in the
�	state and the legal steps taken in connection with the offenses, and
�	other information useful in the study of crime and the
�	administration of justice, including a statistical breakdown of
�	those offenses in which family violence was involved;
�	�������������(3)��make ballistic tests of bullets and firearms and
�	chemical analyses of bloodstains, cloth, materials, and other
�	substances for law enforcement officers of the state;
�	�������������(4)��cooperate with identification and crime records
�	bureaus in other states and the United States Department of
�	Justice;
�	�������������(5)��maintain a list of all previous background checks
�	for applicants for any position regulated under Chapter 1702,
�	Occupations Code, who have undergone a criminal history background
�	check under Section 411.119, if the check indicates a Class B
�	misdemeanor or equivalent offense or a greater offense; [and]
�	�������������(6)��collect information concerning the number and
�	nature of protective orders and all other pertinent information
�	about all persons on active protective orders. Information in the
�	law enforcement information system relating to an active protective
�	order shall include:
�	�������������������(A)��the name, sex, race, date of birth, personal
�	descriptors, address, and county of residence of the person to whom
�	the order is directed;
�	�������������������(B)��any known identifying number of the person to
�	whom the order is directed, including the person's social security
�	number or driver's license number;
�	�������������������(C)��the name and county of residence of the
�	person protected by the order;
�	�������������������(D)��the residence address and place of employment
�	or business of the person protected by the order, unless that
�	information is excluded from the order under Section 85.007, Family
�	Code;
�	�������������������(E)��the child-care facility or school where a
�	child protected by the order normally resides or which the child
�	normally attends, unless that information is excluded from the
�	order under Section 85.007, Family Code;
�	�������������������(F)��the relationship or former relationship
�	between the person who is protected by the order and the person to
�	whom the order is directed; and
�	�������������������(G)��the date the order expires; and
�	�������������(7)��grant access to criminal history record
�	information in the manner authorized under Subchapter F.
�	�������(g)��The department may adopt reasonable rules under this
�	section relating to:
�	�������������(1)��law enforcement information systems maintained by
�	the department;
�	�������������(2)��the collection, maintenance, and correction of
�	records;
�	�������������(3)��reports of criminal history information submitted
�	to the department; [and]
�	�������������(4)��active protective orders issued under Chapter 71,
�	Family Code, and reporting procedures that ensure that information
�	relating to the issuance of an active protective order and to the
�	dismissal of an active protective order is reported to the local law
�	enforcement agency at the time of the order's issuance or dismissal
�	and entered by the local law enforcement agency in the state's law
�	enforcement information system; and
�	�������������(5)��a system for providing criminal history record
�	information through the criminal history clearinghouse under
�	Section 411.0845.
�	�������(h)��The department may contract with private vendors as
�	necessary in implementing this section.
�	�������SECTION�16.��Subsection (i), Section 411.081, Government
�	Code, is amended to read as follows:
�	�������(i)��A criminal justice agency may disclose criminal history
�	record information that is the subject of an order of nondisclosure
�	to the following noncriminal justice agencies or entities only:
�	�������������(1)��the State Board for Educator Certification;
�	�������������(2)��a school district, charter school, private school,
�	regional education service center, commercial transportation
�	company, or education shared service arrangement;
�	�������������(3)��the Texas Medical�[State] Board [of Medical
�	Examiners];
�	�������������(4)��the Texas School for the Blind and Visually
�	Impaired;
�	�������������(5)��the Board of Law Examiners;
�	�������������(6)��the State Bar of Texas;
�	�������������(7)��a district court regarding a petition for name
�	change under Subchapter B, Chapter 45, Family Code;
�	�������������(8)��the Texas School for the Deaf;
�	�������������(9)��the Department of Family and Protective Services;
�	�������������(10)��the Texas Youth Commission;
�	�������������(11)��the Department of Assistive and Rehabilitative
�	Services;
�	�������������(12)��the Department of State Health Services, a local
�	mental health service, a local mental retardation authority, or a
�	community center providing services to persons with mental illness
�	or retardation;
�	�������������(13)��the Texas Private Security Board;
�	�������������(14)��a municipal or volunteer fire department;
�	�������������(15)��the Board of Nurse Examiners;
�	�������������(16)��a safe house providing shelter to children in
�	harmful situations;
�	�������������(17)��a public or nonprofit hospital or hospital
�	district;
�	�������������(18)��the Texas Juvenile Probation Commission;
�	�������������(19)��the securities commissioner, the banking
�	commissioner, the savings and loan commissioner, or the credit
�	union commissioner;
�	�������������(20)��the Texas State Board of Public Accountancy;
�	�������������(21)��the Texas Department of Licensing and Regulation;
�	�������������(22)��the Health and Human Services Commission; [and]
�	�������������(23)��the Department of Aging and Disability Services;
�	and
�	�������������(24)��the Texas Education Agency.
�	�������SECTION�17.��Subsections (b) and (c), Section 411.083,
�	Government Code, are amended to read as follows:
�	�������(b)��The department shall grant access to criminal history
�	record information to:
�	�������������(1)��criminal justice agencies;
�	�������������(2)��noncriminal justice agencies authorized by
�	federal statute or executive order or by state statute to receive
�	criminal history record information;
�	�������������(3)��the person who is the subject of the criminal
�	history record information;
�	�������������(4)��a person working on a research or statistical
�	project that:
�	�������������������(A)��is funded in whole or in part by state funds;
�	or
�	�������������������(B)��meets the requirements of Part 22, Title 28,
�	Code of Federal Regulations, and is approved by the department;
�	�������������(5)��an individual or an agency that has a specific
�	agreement with a criminal justice agency to provide services
�	required for the administration of criminal justice under that
�	agreement, if the agreement:
�	�������������������(A)��specifically authorizes access to
�	information;
�	�������������������(B)��limits the use of information to the purposes
�	for which it is given;
�	�������������������(C)��ensures the security and confidentiality of
�	the information; and
�	�������������������(D)��provides for sanctions if a requirement
�	imposed under Paragraph (A), (B), or (C) is violated;
�	�������������(6)��an individual or an agency that has a specific
�	agreement with a noncriminal justice agency to provide services
�	related to the use of criminal history record information
�	disseminated under this subchapter, if the agreement:
�	�������������������(A)��specifically authorizes access to
�	information;
�	�������������������(B)��limits the use of information to the purposes
�	for which it is given;
�	�������������������(C)��ensures the security and confidentiality of
�	the information; and
�	�������������������(D)��provides for sanctions if a requirement
�	imposed under Paragraph (A), (B), or (C) is violated;
�	�������������(7)��a county or district clerk's office; and
�	�������������(8)�[(7)]��the Office of Court Administration of the
�	Texas Judicial System.
�	�������(c)��The department may disseminate criminal history record
�	information under Subsection (b)(1) only for a criminal justice
�	purpose. The department may disseminate criminal history record
�	information under Subsection (b)(2) only for a purpose specified in
�	the statute or order. The department may disseminate criminal
�	history record information under Subsection (b)(4), (5), or (6) [or
�	(b)(5)] only for a purpose approved by the department and only under
�	rules adopted by the department. The department may disseminate
�	criminal history record information under Subsection (b)(7)
�	[(b)(6)] only to the extent necessary for a county or district clerk
�	to perform a duty imposed by law to collect and report criminal
�	court disposition information. Criminal history record
�	information disseminated to a clerk under Subsection (b)(7)
�	[(b)(6)] may be used by the clerk only to ensure that information
�	reported by the clerk to the department is accurate and complete.
�	The dissemination of information to a clerk under Subsection (b)(7)
�	[(b)(6)] does not affect the authority of the clerk to disclose or
�	use information submitted by the clerk to the department. The
�	department may disseminate criminal history record information
�	under Subsection (b)(8) [(b)(7)] only to the extent necessary for
�	the office of court administration to perform a duty imposed by law
�	to compile court statistics or prepare reports. The office of court
�	administration may disclose criminal history record information
�	obtained from the department under Subsection (b)(8) [(b)(7)] in a
�	statistic compiled by the office or a report prepared by the office,
�	but only in a manner that does not identify the person who is the
�	subject of the information.
�	�������SECTION�18.��Subchapter F, Chapter 411, Government Code, is
�	amended by adding Section 411.0845 to read as follows:
�	�������Sec.�411.0845.��CRIMINAL HISTORY CLEARINGHOUSE. (a)��The
�	department shall establish an electronic clearinghouse and
�	subscription service to provide criminal history record
�	information to a particular person entitled to receive criminal
�	history record information and updates to a particular record to
�	which the person has subscribed under this subchapter.
�	�������(b)��On receiving a request for criminal history record
�	information from a person entitled to such information under this
�	subchapter, the department shall provide through the electronic
�	clearinghouse:
�	�������������(1)��the criminal history record information reported
�	to the department or the Federal Bureau of Investigation relating
�	to the individual who is the subject of the request; or
�	�������������(2)��a statement that the individual who is the subject
�	of the request does not have any criminal history record
�	information reported to the department or the Federal Bureau of
�	Investigation.
�	�������(c)��If the department provides information received from
�	the Federal Bureau of Investigation, the department must include
�	with the information the date the department received information
�	from the Federal Bureau of Investigation.
�	�������(d)��The department shall ensure that the information
�	described by Subsection (b) is provided only to a person otherwise
�	entitled to obtain criminal history record information under this
�	subchapter. �Information collected under this section is
�	confidential and is not subject to disclosure under Chapter 552.
�	�������(e)��A person entitled to receive criminal history record
�	information under this section must provide the department with the
�	following information regarding the person who is the subject of
�	the criminal history record information requested:
�	�������������(1)��the person's full name, date of birth, sex, Texas
�	driver's license number or personal identification certificate
�	number, and social security number;
�	�������������(2)��a recent electronic digital image photograph of
�	the person and a complete set of the person's fingerprints as
�	required by the department; and
�	�������������(3)��any other information required by the department.
�	�������(f)��The department shall maintain an Internet website for
�	the administration of the clearinghouse and an electronic
�	subscription service to provide notice of updates to a particular
�	criminal history record to each person entitled under this
�	subchapter to receive criminal history record information updates
�	to that particular record. �The department shall update
�	clearinghouse records as a result of any change in information
�	discovered by the department. Within 48 hours after the department
�	becomes aware that a person's criminal history record information
�	in a clearinghouse record has changed, the department shall provide
�	notice of the updated information only to each subscriber to that
�	specific record.
�	�������(g)��As soon as practicable, a subscriber who is no longer
�	entitled to receive criminal history record information relating to
�	a particular person shall notify the department. �The department
�	shall cancel the person's subscription to that record and may not
�	notify the former subscriber of any updated information to that
�	record.
�	�������(h)��A person who is the subject of the criminal history
�	record information requested under this section must consent to the
�	release of the information.
�	�������(i)��The release under this section of any criminal history
�	record information maintained by the Federal Bureau of
�	Investigation is subject to federal law and regulations, federal
�	executive orders, and federal policy.
�	�������(j)��The department may charge a fee for subscription
�	services to cover the costs of administering this section.
�	�������(k)��A governmental agency may coordinate with the
�	department regarding the collection of a fee for the criminal
�	history record information through the fingerprinting fee
�	collection process.
�	�������SECTION�19.��Section 411.087, Government Code, is amended by
�	adding Subsection (e) to read as follows:
�	�������(e)��The department may provide access to state and national
�	criminal history record information to nongovernmental entities
�	entitled to that information under 42 U.S.C. Section 5119a. �The
�	department must follow federal law and regulation, federal
�	executive orders, and federal policy in releasing information under
�	this subsection.
�	�������SECTION�20.��Section 411.090, Government Code, is amended by
�	adding Subsection (c) to read as follows:
�	�������(c)��The department shall notify the State Board for Educator
�	Certification of the arrest of any educator, as defined by Section
�	5.001, Education Code, who has fingerprints on file with the
�	department.
�	�������SECTION�21.��Subchapter F, Chapter 411, Government Code, is
�	amended by adding Section 411.0901 to read as follows:
�	�������Sec.�411.0901.��ACCESS TO CRIMINAL HISTORY RECORD
�	INFORMATION: �TEXAS EDUCATION AGENCY. �The Texas Education Agency
�	is entitled to obtain criminal history record information
�	maintained by the department about a person who:
�	�������������(1)��is employed or is an applicant for employment by a
�	school district or open-enrollment charter school;
�	�������������(2)��is employed or is an applicant for employment by a
�	shared services arrangement, if the employee's or applicant's
�	duties are or will be performed on school property or at another
�	location where students are regularly present; or
�	�������������(3)��is employed or is an applicant for employment by an
�	entity that contracts with a school district, open-enrollment
�	charter school, or shared services arrangement if:
�	�������������������(A)��the employee or applicant has or will have
�	continuing duties relating to the contracted services; and
�	�������������������(B)��the employee or applicant has or will have
�	direct contact with students.
�	�������SECTION�22.��The heading to Section 411.097, Government
�	Code, is amended to read as follows:
�	�������Sec.�411.097.��ACCESS TO CRIMINAL HISTORY RECORD
�	INFORMATION: LOCAL AND REGIONAL EDUCATIONAL ENTITIES�[SCHOOL
�	DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION
�	SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION
�	SHARED SERVICES ARRANGEMENT].
�	�������SECTION�23.��Subsections (a) and (b), Section 411.097,
�	Government Code, are amended to read as follows:
�	�������(a)��A school district, charter school, private school,
�	regional education service center, commercial transportation
�	company, or education shared services arrangement, or an entity
�	that contracts to provide services to a school district, charter
�	school, or shared services arrangement, is entitled to obtain from
�	the department criminal history record information maintained by
�	the department that the district, school, service center, [or]
�	shared services arrangement, or entity is required or authorized to
�	obtain under Subchapter C, Chapter 22, Education Code, that relates
�	to a person who is:
�	�������������(1)��an applicant for employment by the district,
�	school, service center, or shared services arrangement; [or]
�	�������������(2)��an employee of or an applicant for employment with
�	a public or commercial transportation company that contracts with
�	the district, school, service center, or shared services
�	arrangement to provide transportation services if the employee
�	drives or the applicant will drive a bus in which students are
�	transported or is employed or is seeking employment as a bus monitor
�	or bus aide on a bus in which students are transported; or
�	�������������(3)��an employee of or applicant for employment by an
�	entity that contracts to provide services to a school district,
�	charter school, or shared services arrangement as provided by
�	Section 22.0834, Education Code.
�	�������(b)��A school district, charter school, private school,
�	regional education service center, or education shared services
�	arrangement is entitled to obtain from the department[, no more
�	than twice each year,] criminal history record information
�	maintained by the department that the district, school, service
�	center, or shared services arrangement is required or authorized to
�	obtain under Subchapter C, Chapter 22, Education Code, that relates
�	to a person who is a volunteer, student teacher,�or employee of the
�	district, school, service center, or shared services arrangement.
�	�������SECTION�24.��Subsection (a), Section 552.116, Government
�	Code, is amended to read as follows:
�	�������(a)��An audit working paper of an audit of the state auditor
�	or the auditor of a state agency, an institution of higher education
�	as defined by Section 61.003, Education Code, a county, a
�	municipality, a school district, or a joint board operating under
�	Section 22.074, Transportation Code, including any audit relating
�	to the criminal history background check of a public school
�	employee, is excepted from the requirements of Section 552.021. If
�	information in an audit working paper is also maintained in another
�	record, that other record is not excepted from the requirements of
�	Section 552.021 by this section.
�	�������SECTION�25.��Subdivision (1), Subsection (b), Section
�	552.116, Government Code, is amended to read as follows:
�	�������������(1)��"Audit" means an audit authorized or required by a
�	statute of this state or the United States, the charter or an
�	ordinance of a municipality, an order of the commissioners court of
�	a county, a resolution or other action of a board of trustees of a
�	school district, including an audit by the district relating to the
�	criminal history background check of a public school employee, or a
�	resolution or other action of a joint board described by Subsection
�	(a) and includes an investigation.
�	�������SECTION�26.��Section 730.007, Transportation Code, is
�	amended by adding Subsection (f) to read as follows:
�	�������(f)��Personal information obtained by an agency under
�	Section 411.0845, Government Code, in connection with a motor
�	vehicle record may be disclosed as provided by that section.
�	�������SECTION�27.��Subsections (c) and (d), Section 22.083,
�	Education Code, are repealed.
�	�������SECTION�28.��Section 21.007, Education Code, as added by
�	this Act, applies only to a report for misconduct filed with the
�	State Board for Educator Certification on or after September 1,
�	2007, regardless of whether the conduct or act that is the subject
�	of the report occurred or was committed before, on, or after that
�	date.
�	�������SECTION�29.��As soon as practicable after the effective date
�	of this Act, the State Board for Educator Certification, the Texas
�	Education Agency, a school district, an open-enrollment charter
�	school, or a shared services arrangement shall, in the manner
�	prescribed by Sections 22.0831, 22.0832, 22.0833, and 22.0836,
�	Education Code, as added by this Act, begin obtaining national
�	criminal history record information for employees and applicants
�	for employment who are subject to a national criminal history
�	record information review under those sections.
�	�������SECTION�30.��As soon as practicable after the effective date
�	of this Act, an entity that contracts with a school district,
�	open-enrollment charter school, or shared services arrangement
�	shall, in the manner prescribed by Section 22.0834, Education Code,
�	as added by this Act, begin obtaining national criminal history
�	record information for employees and applicants for employment who
�	are subject to a national criminal history record information
�	review under that section.
�	�������SECTION�31.��Beginning September 1, 2007, a school district,
�	open-enrollment charter school, or shared services arrangement
�	shall obtain, in compliance with Section 22.0835, Education Code,
�	as added by this Act, criminal history record information relating
�	to each person who is a student teacher or volunteer or has
�	indicated in writing an intention to serve as a volunteer with the
�	district, school, or shared services arrangement in any capacity.
�	�������SECTION�32.��As soon as practicable after the effective date
�	of this Act, the Department of Public Safety of the State of Texas
�	shall establish a criminal history clearinghouse as required by
�	Section 411.0845, Government Code, as added by this Act.
�	�������SECTION�33.��Section 552.116, Government Code, as amended by
�	this Act, applies to an audit working paper created before, on, or
�	after the effective date of this Act.
�	�������SECTION�34.��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, 2007.
�
�
�
�
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�
�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
�
�	�������I hereby certify that S.B.�No.�9 passed the Senate on
�	March�26,�2007, by the following vote:��Yeas�29, Nays�0;
�	May�24,�2007, Senate refused to concur in House amendments and
�	requested appointment of Conference Committee; May�26,�2007, House
�	granted request of the Senate; May�27,�2007, Senate adopted
�	Conference Committee Report by the following vote:��Yeas�30,
�	Nays�0.
�
�
�	______________________________
�	Secretary of the Senate����
�
�	�������I hereby certify that S.B.�No.�9 passed the House, with
�	amendments, on May�23,�2007, by the following vote:��Yeas�127,
�	Nays�8, one present not voting; May�26,�2007, House granted request
�	of the Senate for appointment of Conference Committee;
�	May�27,�2007, House adopted Conference Committee Report by the
�	following vote:��Yeas�139, Nays�4, two present not voting.
�
�
�	______________________________
�	Chief Clerk of the House���
�
�
�
�	Approved:
�
�	______________________________�
�	�����������Date
�
�
�	______________________________�
�	����������Governor