HB5344 - Relating to the eligibility of certain persons to provide services as an employee, volunteer, or contractor for certain agencies, including public school contractors, and access to the registry of persons who are not eligible for employment at public schools.

  89R12908 JG-D     By: Villalobos H.B. No. 5344       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of certain persons to provide services   as an employee, volunteer, or contractor for certain agencies,   including public school contractors, and access to the registry of   persons who are not eligible for employment at public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 810, Health and Safety   Code, is amended to read as follows:   CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE ;   REQUIRED DETERMINATION OF REPORTABLE CONDUCT          SECTION 2.  Chapter 810, Health and Safety Code, is amended   by adding Section 810.0055 to read as follows:           Sec.   810.0055.     REQUIRED DETERMINATION OF REPORTABLE   CONDUCT. (a) Notwithstanding any other law, a participating state   agency:                 (1)     shall ensure an investigation is conducted and a   determination is issued for each allegation of reportable conduct   against an agency employee, volunteer, or contractor, regardless of   whether the employee, volunteer, or contractor voluntarily resigns   or surrenders a license or certification the employee, volunteer,   or contractor would otherwise be ineligible to hold as a result of   the determination; and                 (2)     may not authorize the dismissal of an appeal or   enter into a settlement agreement, through mediation or other   means, related to an allegation of reportable conduct against an   agency employee, volunteer, or contractor if the dismissal or   agreement would prevent issuance of a determination on the   allegation.           (b)     A participating state agency shall ensure each   individual the agency determines has engaged in reportable conduct   in accordance with this section is included in the search engine as   required by this chapter.          SECTION 3.  Sections 22.0834(a) and (o), Education Code, are   amended to read as follows:          (a)   This [ 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.          (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 :                 (1)   has been convicted of a felony or misdemeanor   offense that would prevent a person from being employed under   Section 22.085(a) ; or                 (2)     is identified as having engaged in misconduct   described by Section 22.093(c)(1)(A) or (B) using the interagency   reportable conduct search engine established under Chapter 810,   Health and Safety Code .          SECTION 4.  Section 22.092(d), Education Code, is amended to   read as follows:          (d)  The agency shall provide equivalent access to the   registry maintained under this section to:                (1)  private schools;                (2)  public schools; [ and ]                (3)  nonprofit teacher organizations approved by the   commissioner for the purpose of participating in the tutoring   program established under Section 33.913 ; and                 (4)     entities and subcontractors of entities that   contract with a school district, open-enrollment charter school, or   shared services arrangement to provide services .          SECTION 5.  The following provisions of the Education Code   are repealed:                (1)  Sections 22.0834(a-1) and (l); and                (2)  Section 22.0834(p)(2).          SECTION 6.  Section 22.0834, Education Code, as amended by   this Act, applies only to a contract entered into on or after the   effective date of this Act.          SECTION 7.  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, 2025.