HBA-MPM, MPM H.B. 513 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 513
By: Gray
Public Education
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, school districts submit information regarding prospective
employees to the Department of Public Safety, which runs a statewide check
of the person's criminal background.  H.B. 513 requires school districts to
perform a nationwide search on all prospective employees and allows private
schools to do so as well.  

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 Section 22.082, Education Code, to require the State
Board of Educator Certification (board) to obtain criminal history record
information relating to an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21 (Certification of Educators) from the
Federal Bureau of Investigation, as well as to any other law enforcement or
criminal justice agency, as necessary.  Makes a conforming change.
Authorizes the board to collect a fee from the person whose criminal
history record information is obtained, the amount of which may not exceed
what it cost to obtain the information. 

SECTION 2.  Amends Section 22.083, Education Code, as follows:

Sec. 22.083.  ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND REGIONAL
EDUCATION AUTHORITIES.  (a) Requires a school district (district) to obtain
from the Federal Bureau of Investigation and any other law enforcement or
criminal justice agency, as necessary, all national and state criminal
history record information relating to a person the district intends to
hire in any capacity.  Makes an exception if the person was initially
certified by the board in the year preceding the initial date of
prospective employment. 

(b)  Deletes existing language authorizing an open-enrollment charter
school, private school, regional education service center, or shared
services arrangement to obtain from any law enforcement or criminal justice
agency all criminal history record information relating to a person who has
indicated their intent in writing to serve as a volunteer at these
entities.  Makes conforming and nonsubstantive changes. 

(c)  Authorizes a school district, open-enrollment charter school, private
school, regional education service center, or shared services arrangement
to obtain from any law enforcement or criminal justice agency all criminal
history record information relating to a person who has indicated their
intent in writing to serve as a volunteer at these entities. 

(d)  Redesignates Subsection (b) to Subsection (d). 

(e)  Redesignates Subsection (c) to Subsection (e).

(f)  Authorizes a school district, open-enrollment charter school, private
school, regional  education service center, or shared services arrangement
to collect a fee from the person whose criminal history record information
is obtained, the amount of which may not exceed what it cost to collect the
information.  

SECTION 3.  Requires the board, in compliance with Section 22.082(a),
Education Code, to obtain the national and state criminal history record
information relating to each person who submits an application for a
certificate issued under Subchapter B, Chapter 21, Education Code beginning
September 1, 1999.   

SECTION 4.  Requires a school district, in compliance with Section
22.083(a), Education Code, to obtain the national and state criminal
history record information relating to each person the district intends to
hire in any capacity beginning September 1, 1999, and relating to each
person initially employed by the district on or after May 15, 1997, and
before September 1, 1999, notwithstanding Section 20.083(d).  Provides that
this subsection does not require a district to obtain this information
relating to a person who will not be employed by the district after January
1, 2000, or updated criminal history record information relating to a
person if the district obtained the information at the time the person was
initially employed and the person has been continuously employed by the
district. 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.