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  H.B. No. 398
 
 
 
 
AN ACT
  relating to the eligibility of employees convicted of certain
  offenses to provide services under a contract with a public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.0834(o), Education Code, is amended
  to read as follows:
         (o)  A contracting 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 [obtaining
  certification as an educator] under Section 22.085(a) [21.060].
         SECTION 2.  Section 22.0834(o), Education Code, as amended
  by this Act, applies to the provision of services at a public school
  by an employee of a contracting or subcontracting entity without
  regard to whether the contract or subcontract under which the
  person is employed was entered into before, on, or after the
  effective date of this Act.
         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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 398 was passed by the House on April
  26, 2011, by the following vote:  Yeas 148, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 398 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 
  0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor