Bill Text: TX HB3270 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to criminal background checks for persons employed by certain public school contractors.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3270 Detail]

Download: Texas-2017-HB3270-Enrolled.html
 
 
  H.B. No. 3270
 
 
 
 
AN ACT
  relating to criminal background checks for persons employed by
  certain public school contractors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.0834, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), this [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.
         (a-1)  This section does not apply to a contracting entity,
  subcontracting entity, or other person subject to Section 22.08341.
         SECTION 2.  Subchapter C, Chapter 22, Education Code, is
  amended by adding Section 22.08341 to read as follows:
         Sec. 22.08341.  CRIMINAL HISTORY RECORD INFORMATION REVIEW
  BY CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:
               (1)  "Contracting entity" means an entity that
  contracts directly with a school district, open-enrollment charter
  school, or shared services arrangement to provide engineering,
  architectural, or construction services to the district, school, or
  arrangement.
               (2)  "Instructional facility" has the meaning assigned
  by Section 46.001.
               (3)  "Subcontracting entity" means an entity that
  contracts with another entity that is not a school district,
  open-enrollment charter school, or shared services arrangement to
  provide engineering, architectural, or construction services to a
  school district, open-enrollment charter school, or shared
  services arrangement.
         (b)  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 employed by a contracting or subcontracting
  entity on a project to design, construct, alter, or repair a public
  work if the person has or will have:
               (1)  continuing duties related to the contracted
  services; and
               (2)  the opportunity for direct contact with students
  in connection with the person's continuing duties.
         (c)  For purposes of Subsection (b), a person does not have
  the opportunity for direct contact with students if:
               (1)  the public work does not involve the construction,
  alteration, or repair of an instructional facility;
               (2)  for a public work that involves construction of a
  new instructional facility, the person's duties related to the
  contracted services will be completed not later than the seventh
  day before the first date the facility will be used for
  instructional purposes; or 
               (3)  for a public work that involves an existing
  instructional facility:
                     (A)  the public work area contains sanitary
  facilities and is separated from all areas used by students by a
  secure barrier fence that is not less than six feet in height; and
                     (B)  the contracting entity adopts a policy
  prohibiting employees, including subcontracting entity employees,
  from interacting with students or entering areas used by students,
  informs employees of the policy, and enforces the policy at the
  public work area.
         (d)  A contracting entity or subcontracting entity may not
  permit an employee to whom Subsection (b) applies to provide
  services at an instructional facility if the employee, during the
  preceding 30 years, was convicted of any of the following offenses
  and the victim was under 18 years of age or was enrolled in a public
  school:
               (1)  a felony offense under Title 5, Penal Code;
               (2)  an offense on conviction of which a defendant is
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure; or
               (3)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Subdivision (1)
  or (2).
         (e)  For a person to whom Subsection (b) applies, the
  contracting entity or subcontracting entity that employs the person
  shall:
               (1)  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;
               (2)  obtain all criminal history record information
  that relates to the person through the criminal history
  clearinghouse as provided by Section 411.0845, Government Code; and
               (3)  certify to the school district, open-enrollment
  charter school, shared services arrangement, or contracting
  entity, as applicable, that the contracting entity or
  subcontracting entity that employs the person has received all
  criminal history record information relating to the person.
         (f)  A contracting entity shall certify to the school
  district, open-enrollment charter school, or shared services
  arrangement, as applicable, that the contracting entity has
  obtained written certifications from any subcontracting entity
  that the subcontracting entity has complied with Subsection (e) as
  it relates to the subcontracting entity's employees. 
         (g)  On receipt of information described by Subsection
  (e)(1), 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. 
         (h)  A school district, open-enrollment charter school, or
  shared services arrangement may directly obtain the criminal
  history record information of a person to whom Subsection (b)
  applies through the criminal history clearinghouse as provided by
  Section 411.0845, Government Code. 
         (i)  If a contracting entity or subcontracting entity
  determines that Subsection (b) does not apply to an employee, the
  contracting or subcontracting entity shall make a reasonable effort
  to ensure that the conditions or precautions that resulted in the
  determination that Subsection (b) does not apply to the employee
  continue to exist throughout the time that the contracted services
  are provided. 
         (j)  In the event of an emergency, a school district,
  open-enrollment charter school, or shared services arrangement may
  allow a person to whom Subsection (b) applies to enter an
  instructional facility if the person is accompanied by an employee
  of the district, school, or arrangement. A school district,
  open-enrollment charter school, or shared services arrangement may
  adopt a policy regarding an emergency for purposes of this
  subsection.
         (k)  The commissioner may adopt rules necessary to implement
  this section.
         SECTION 3.  Section 22.085(c), Education Code, is amended to
  read as follows:
         (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 or 22.08341.
         SECTION 4.  Section 411.097(a), Government Code, is 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, 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;
               (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 or 22.08341, Education Code.
         SECTION 5.  Section 22.0834, Education Code, as amended by
  this Act, and Section 22.08341, Education Code, as added by this
  Act, apply only to a public works contract executed on or after the
  effective date of this Act. A public works contract executed before
  the effective date of this Act is governed by the law in effect on
  the date the contract was executed, and the former law is continued
  in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3270 was passed by the House on May 9,
  2017, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3270 on May 26, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3270 on May 28, 2017, by the following vote:  Yeas 146,
  Nays 1, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3270 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3270 on May 28, 2017, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback