2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0834. Criminal History Record Information Review of Certain Contract Employees

Sec. 22.0834.   CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN CONTRACT EMPLOYEES.  (a)  Except as provided by Subsection (a-1), 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 offered employment by an entity or a subcontractor of 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 an employee or applicant of a public works contractor if:
(1)  the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Section 46.001;
(2)  for 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.
(b)  If the contracting entity is a qualified school contractor, a person to whom Subsection (a) applies must submit to a national criminal history record information review by the qualified school contractor before being employed or serving in a capacity described by that subsection.
(b-1)  If the contracting entity or subcontracting entity is not a qualified school contractor, a person to whom Subsection (a) applies must submit to a national criminal history record information review by the school district, charter school, regional education service center, commercial transportation company, or education shared services arrangement.
(c)  Before or immediately after employing or securing the services of a person to whom Subsection (a) applies, the qualified school contractor or school district, open-enrollment charter school, or shared services arrangement shall 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.  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.
(d)  A qualified school contractor or a school district, open-enrollment charter school, or shared services arrangement shall obtain all criminal history record information that relates to a person to whom Subsection (a) applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(d-1)  A qualified school contractor acting as a contracting entity shall require that any of its subcontracting entities obtain all criminal history record information that relates to an employee to whom Subsection (a) applies if the subcontracting entity is also a qualified school contractor.
(d-2)  A qualified school contractor shall require that any of its subcontracting entities that are not qualified school contractors comply with Subsection (b-1) as it relates to an employee to whom Subsection (a) applies.
(e)  The requirements of Subsections (b), (d-1), and (d-2) do not apply to a qualified school contractor if a school district, open-enrollment charter school, or shared services arrangement obtains the criminal history record information of a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(f)  In the event of an emergency, a school district may allow a person to whom Subsection (a) applies to enter school district property if the person is accompanied by a district employee.  A school district may adopt rules regarding an emergency situation under this subsection.
(g)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.
(h)  A school district, open-enrollment charter school, shared services arrangement, or qualified school contractor may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person to whom this section applies.
(i)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.
(j)  The commissioner may adopt rules as necessary to implement this section.
(k)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.
(l)   If a contracting or subcontracting entity determines that Subsection (a) 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 (a) did not apply to the employee continue to exist throughout the time that the contracted services are provided.
(m)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.
(n)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.
(o)  A school district, charter school, regional education service center, commercial transportation company, education shared services arrangement, or qualified school contractor, contracting entity, or subcontracting entity may not permit an employee to whom Subsection (a) applies to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Section 22.085(a).
(p)  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 services to the school district, open-enrollment charter school, or shared services arrangement.
(2)  "Public works contractor" means an entity that contracts directly or subcontracts with an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services to the school district, open-enrollment charter school, or shared services arrangement.
(3)  "Qualified school contractor" has the meaning assigned by Section 411.12505, Government Code.
(4)  "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 services to a school district, open-enrollment charter school, or shared services arrangement.
(q)  A qualified school contractor shall certify to the school district, open-enrollment charter school, or shared services arrangement that the entity has received all criminal history record information relating to a person who is employed by or under a current offer of employment by the qualified school contractor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.11, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 649 (S.B. 1042), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 696 (H.B. 398), Sec. 1, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 1, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(1), eff. June 13, 2023.