89R12953 MEW-F     By: Campbell S.B. No. 1428       A BILL TO BE ENTITLED   AN ACT   relating to persons not eligible for employment in public schools   and to measures to ensure public schools do not employ those   persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 22, Education Code, is   amended by adding Section 22.089 to read as follows:          Sec. 22.089.  WAIVER OF CRIMINAL HISTORY BACKGROUND CHECK   PROHIBITED. (a)  This section applies to a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, and shared   services arrangement.          (b)  An entity to which this section applies may not allow a   person to begin employment at the entity before the entity obtains   criminal history record information as required under this   subchapter.          SECTION 2.  Section 22.092, Education Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsection (c-1)   to read as follows:          (b)  A school district, district of innovation,   open-enrollment charter school, other charter entity, regional   education service center, or shared services arrangement shall   discharge, [or] refuse to hire, or refuse to otherwise offer   employment to a person listed on the registry maintained under this   section.          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by public schools:                (1)  a person determined by the agency under Section   22.0832 as a person who would not be eligible for educator   certification under Subchapter B, Chapter 21;                (2)  a person determined by the agency to be not   eligible for employment based on the person's criminal history   record information review, as provided by Section 22.0833;                (3)  a person who is not eligible for employment based   on criminal history record information received by the agency under   Section 21.058(b);                (4)  a person whose certification or permit issued   under Subchapter B, Chapter 21, is revoked or suspended by the State   Board for Educator Certification [on a finding that the person   engaged in misconduct described by Section 21.006(b)(2)(A) or   (A-1)]; [and]                (5)  a person who is determined by the commissioner   under Section 22.094 to have engaged in misconduct described by   Section 22.093(c)(1)(A) or (B);                (6)  a person who is not eligible for employment based   on the person's criminal history record information review, as   provided by Section 22.085; and                (7)  a person who, based on the person's criminal   history record information review, has been convicted of:                      (A)  a felony not otherwise described by this   subsection;                      (B)  a misdemeanor involving moral turpitude;                      (C)  an offense involving the possession,   transfer, sale, or distribution of or conspiracy to possess,   transfer, sell, or distribute a controlled substance, as defined by   Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et   seq.; or                      (D)  an offense under the laws of another state or   federal law that is equivalent to an offense described by this   subsection.          (c-1)  As soon as practicable after a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement obtains information indicating that a person   who is required to be listed on the registry under Subsection (c) is   not listed, the district, school, entity, service center, or   arrangement shall report that information to the agency.          (d)  The agency shall provide equivalent access to the   registry maintained under this section to:                (1)  private schools;                (2)  public schools, including charter schools   operating under Chapter 12; and                (3)  nonprofit teacher organizations approved by the   commissioner for the purpose of participating in the tutoring   program established under Section 33.913.          SECTION 3.  Section 22.096, Education Code, is amended to   read as follows:          Sec. 22.096.  COMPLIANCE MONITORING; SANCTIONS FOR FAILURE   TO COMPLY.  (a) The agency shall periodically conduct site visits   and review the records of school districts, districts of   innovation, open-enrollment charter schools, other charter   entities, regional education service centers, and shared services   arrangements to ensure compliance with Section 22.092(b).          (b)  The agency shall impose sanctions, including the   withholding of funding that would otherwise be allocated under the   school safety allotment under Section 48.115, on a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement that:                (1)  violates Section 22.092(b), including by failing   to check the registry maintained under that section before hiring   or otherwise offering employment to a person; or                (2)  fails to obtain criminal history record   information that the district, school, entity, service center, or   arrangement is required to obtain under Subchapter C.          SECTION 4.  Section 22.085(b), Education Code, is repealed.          SECTION 5.  Notwithstanding Section 22.085 or 22.092(b),   Education Code, as amended by this Act, a school district,   open-enrollment charter school, or shared services arrangement may   continue to employ a person employed by the district, school, or   arrangement on the effective date of this Act to whom Section   22.085(b), Education Code, as it existed immediately before the   effective date of this Act, applied if the district, school, or   arrangement determines, in consultation with appropriate law   enforcement agencies and court personnel, that the person:                (1)  is otherwise employable by the district, school,   or arrangement under the provisions of Chapters 21 and 22,   Education Code;                (2)  has demonstrated rehabilitation;                (3)  has complied with all applicable district, school,   or arrangement policies while employed by the district, school, or   arrangement;                (4)  has satisfied all terms of a court order entered on   conviction and all conditions of community supervision, deferred   adjudication community supervision, parole, or mandatory   supervision required as a result of the person's conviction of an   offense described by Section 22.085(b), Education Code; and                (5)  has not been convicted of any other criminal   offense since the date the person was convicted of an offense   described by Section 22.085(b), Education Code.          SECTION 6.  This Act applies beginning with the 2025-2026   school year.          SECTION 7.  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, 2025.