85R9688 KKA-F     By: Bohac H.B. No. 3270       A BILL TO BE ENTITLED   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.