H.B. No. 3270

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3270 was passed by the House on May 9,
	2017, by the following vote:  Yeas 145, Nays 0, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 3270 on May 26, 2017, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 3270 on May 28, 2017, by the following vote:  Yeas 146,
	Nays 1, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3270 was passed by the Senate, with
	amendments, on May 24, 2017, by the following vote:  Yeas 30, Nays
	1; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	3270 on May 28, 2017, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor