Bill Text: TX HB4988 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to national criminal history reviews of a member of a board of trustees of an independent school district; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Education [HB4988 Detail]
Download: Texas-2023-HB4988-Introduced.html
| 88R10685 TSS-D | ||
| By: Davis | H.B. No. 4988 | |
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| relating to national criminal history reviews of a member of a board | ||
| of trustees of an independent school district; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 11, Education Code, is | ||
| amended by adding Sections 11.0561 and 11.067 to read as follows: | ||
| Sec. 11.0561. NATIONAL CRIMINAL HISTORY RECORD INFORMATION | ||
| REVIEW OF MEMBER OF BOARD OF TRUSTEES. (a) In this section, | ||
| "national criminal history record information" has the meaning | ||
| assigned by Section 22.081. | ||
| (b) A member of a board of trustees of a school district must | ||
| submit to a national criminal history record information review | ||
| under this section. | ||
| (c) A school district shall send, or ensure that each member | ||
| of the board of trustees sends, to the Department of Public Safety | ||
| 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 member'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 shall obtain all criminal history | ||
| record information of each person serving as a member of the board | ||
| of trustees of the district through the criminal history | ||
| clearinghouse as provided by Section 411.0845, Government Code, to | ||
| confirm the person's eligibility for office under Sections 11.061 | ||
| and 11.066 and to determine whether the person is prohibited from | ||
| engaging in certain conduct under Section 11.067. Notwithstanding | ||
| Section 411.097(d), Government Code, a district shall maintain a | ||
| record of information received under this section. | ||
| (f) A school district shall submit all criminal history | ||
| record information obtained under Subsection (e) to the agency. The | ||
| agency shall maintain a record of all information received under | ||
| this subsection. | ||
| (g) A school district may require a person submitting to a | ||
| national criminal history record information review under this | ||
| section to pay a fee related to obtaining criminal history record | ||
| information under this section. | ||
| (h) The commissioner may adopt rules to implement this | ||
| section, including rules establishing deadlines after election for | ||
| a school district to require a member of a board of trustees to | ||
| submit fingerprints and photographs in compliance with this | ||
| section. | ||
| (i) The agency, a school district, or an employee of the | ||
| district's board is not civilly or criminally liable for making or | ||
| receiving a report required under this section. | ||
| Sec. 11.067. CERTAIN CONDUCT PROHIBITED BY TRUSTEE | ||
| CONVICTED OF CERTAIN OFFENSES. (a) This section applies to: | ||
| (1) an offense punishable as a misdemeanor under the | ||
| following provisions of the Penal Code: | ||
| (A) Section 20.02 (unlawful restraint); | ||
| (B) Section 21.07 (public lewdness); | ||
| (C) Section 21.08 (indecent exposure); | ||
| (D) Section 22.01(a)(1) (assault); | ||
| (E) Section 22.012 (indecent assault); | ||
| (F) Section 22.05 (deadly conduct); | ||
| (G) Section 25.04 (enticing a child); | ||
| (H) Section 25.07 (violation of certain court | ||
| orders or conditions of bond in a family violence, child abuse or | ||
| neglect, sexual assault or abuse, indecent assault, stalking, or | ||
| trafficking case); | ||
| (I) Section 43.22 (obscene display or | ||
| distribution); | ||
| (J) Section 43.23 (obscenity); | ||
| (K) Section 43.24 (sale, distribution, or | ||
| display of harmful material to minor); and | ||
| (L) Section 43.261 (electronic transmission of | ||
| certain visual material depicting minor); | ||
| (2) an attempt or conspiracy to commit an offense | ||
| described by Subdivision (1); and | ||
| (3) an offense involving family violence, as defined | ||
| by Section 71.004, Family Code. | ||
| (b) A member of the board of trustees of a school district | ||
| who has been convicted of an offense to which this section applies | ||
| may not, while engaged in official duties as a member of the board | ||
| of trustees, enter a campus of the district or attend an activity | ||
| sponsored or sanctioned by the district. | ||
| SECTION 2. Section 411.097, Government Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) A school district is entitled to obtain from the | ||
| department criminal history record information maintained by the | ||
| department that the district is required or authorized to obtain | ||
| under Section 11.0561, Education Code, that relates to a member of | ||
| the district's board of trustees. | ||
| SECTION 3. 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, 2023. | ||
