HBA-PDH H.B. 669 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 669 By: Wise Public Education 3/12/1999 Introduced BACKGROUND AND PURPOSE Currently, certain education providers are required to obtain criminal background checks on employees and prospective employees. H.B. 669 adds volunteers and prospective volunteers to the list of people who must be screened before employment with certain education providers, emphasizes a national background check rather than an in-state check, and requires an affidavit or statement from an employee or volunteer indicating whether the employee or volunteer has been convicted of a sex crime and a disclosure of information about any such conviction. 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, as follows: Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION. Specifically includes the Federal Bureau of Investigation among law enforcement or criminal justice agencies from which the State Board for Educator Certification (board) is required to obtain all necessary national and state criminal history record information that relates to an applicant for or holder of a certificate issued under Subchapter B (Certification of Educators), Chapter 21 (Educators). Authorizes the board to collect a fee from the person whose criminal history record information is obtained. Prohibits the board from collecting a fee in excess of the amount paid to obtain the information. SECTION 2. Amends Subchapter C, Chapter 22, Education Code, by adding Section 22.0821, as follows: Sec. 22.0821. AFFIDAVIT BY POTENTIAL EMPLOYEE OR VOLUNTEER CONCERNING CRIMINAL HISTORY AND OTHER CONDUCT. Requires a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to require an affidavit in compliance with this section from a person who has applied for employment in any capacity with such an entity, or from a person who has indicated, in writing, an intention to volunteer with a district, school, service center, or shared services arrangement. Provides the affidavit form that must be followed to comply with this section. SECTION 3. Amends Section 22.083, Education Code, by amending Subsection (a) and adding Subsection (d), as follows: (a) Requires, rather than authorizes, a district, school, service center, or shared services arrangement to obtain from the Federal Bureau of Investigation and any other law enforcement or criminal justice agency all necessary national and state criminal history record information that relates to a person that a district, school, service center, or shared services arrangement intends to employ in any capacity, unless the person was initially certified by the board in the year preceding the initial date of prospective employment. (d) Authorizes a district, school, service center, or shared services arrangement to collect a fee from the person whose criminal history record information is obtained. Prohibits a district, school, service center, or shared services arrangement from collecting a fee in excess of the amount paid to obtain the information. SECTION 4. Makes application of this Act prospective regarding an applicant for a certificate issued by the board and for a prospective employee or volunteer of a district, school, service center, or shared services arrangement. Establishes October 1, 1999, as the deadline for a district, school, service center, or shared services arrangement to obtain an affidavit from each employee or volunteer already serving the district, school, service center, or shared services arrangement as of September 1, 1999. Establishes January 1, 2000, as the deadline for a district, school, service center, or shared services arrangement to obtain criminal history information for employees hired between May 15, 1997, and September 1, 1999, and for volunteers serving prior to September 1, 1999. Provides that this does not apply to a person who will not be serving after January 1, 2000, or a person whose criminal history was obtained upon hiring and who has been continuously employed. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.