(a) A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of:
(1) the district or school; or
(2) a shared services arrangement, if the employee’s duties are performed on school property or at another location where students are regularly present.
(a-1) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information from:
(1) the department;
(2) a law enforcement or criminal justice agency; or
(3) a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

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Terms Used In Texas Education Code 22.083

  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005

(a-2) A shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who is not subject to Subsection (a) and whom the shared services arrangement intends to employ in any capacity.
(b) A private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:
(1) a person whom the school or service center intends to employ in any capacity; or
(2) an employee of or applicant for employment by a person that contracts with the school or service center to provide services, if:
(A) the employee or applicant has or will have continuing duties related to the contracted services; and
(B) the employee or applicant has or will have direct contact with students.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.

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