HBA-PDH H.B. 371 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 371
By: Flores
Public Education
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the State Board for Educator Certification (board) decides if a
person convicted of an offense involving a child is eligible for
certification, but state law does not require the board to deny
certification to those individuals.  State law currently allows school
districts, charter schools, private schools, and education service centers
to obtain criminal histories of potential employees or volunteers, but
school districts and schools are not required to obtain that information.
H.B. 371 prohibits the State Board of Educator Certification from
certifying a person who has been convicted of an offense involving a child
and requires school districts, schools, and education service centers to
obtain criminal history information on all potential employees and
volunteers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.057, as follows: 

Sec. 21.057.  ELIGIBILITY FOR CERTIFICATION OF PERSONS CONVICTED OF
CHILD-RELATED CRIMINAL OFFENSES.  Provides that a person is ineligible for
initial or continued certification under this subchapter if convicted of an
offense involving a child under Chapter 21 (Sexual Offenses), Chapter 22
(Assaultive Offenses), or Chapter 43 (Public Indecency), Penal Code. 

SECTION 2.  Amends Sections 22.083 (a) and (b), Education Code, as follows:

(a) Requires, rather than authorizes, specific education providers to
obtain criminal history records from a law enforcement or criminal justice
agency regarding a person they intend to employ or any person intending to
volunteer, unless the person was initially certified by the State Board for
Educator Certification in the year preceding the date of prospective
employment.   

(b)  Requires, rather than authorizes, specific education providers to
obtain criminal history records from a law enforcement or a criminal
justice agency regarding an employee, volunteer, or an employee or an
applicant for employment by a contractor to perform work on school property
or where students are regularly present. 

SECTION 3.  Effective date:  July 1, 1999.

SECTION 4.  Emergency clause.