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.