88R10685 TSS-D     By: Davis H.B. No. 4988       A BILL TO BE ENTITLED   AN ACT   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.