EDUCATION CODE
CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS
SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS
§ 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL
DUES. (a) A school district employee is entitled to have an
amount deducted from the employee's salary for membership fees or
dues to a professional organization. The employee must:
(1) file with the district a signed written request
identifying the organization and specifying the number of pay
periods per year the deductions are to be made; and
(2) inform the district of the total amount of the fees
and dues for each year or have the organization notify the district
of the amount.
(b) The district shall deduct the total amount of the fees
or dues for a year in equal amounts per pay period for the number of
periods specified by the employee. The deductions shall be made
until the employee requests in writing that the deductions be
discontinued.
(c) The school district may charge an administrative fee for
making the deduction. A fee imposed for making a salary deduction
under this section may not exceed either the actual administrative
cost of making the deduction or the lowest fee the district charges
for similar salary deductions, whichever is less.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF
COMPENSATION. (a) In this section, "school employee" means any
person employed by a school district in an executive,
administrative, or clerical capacity or as a superintendent,
principal, teacher, or instructor.
(b) Any school employee's assignment, pledge, or transfer,
as security for indebtedness, of any interest in or part of the
employee's salary or wages then due or that may become due under an
existing contract of employment is enforceable only:
(1) if, before or at the time of execution, delivery,
or acceptance of an assignment, pledge, or transfer, written
approval is obtained in accordance with the policy of the employing
school district; and
(2) to the extent that the indebtedness it secures is a
valid and enforceable obligation.
(c) A school district shall honor an assignment, pledge, or
transfer fulfilling the conditions of Subsection (b) without
incurring any liability to the school employee executing the
assignment, pledge, or transfer. Payment to any assignee, pledgee,
or transferee in accordance with the terms of the instrument
constitutes payment to or for the account of the assignor, pledgor,
or transferor. An assignment, pledge, or transfer is enforceable
only to the extent of salary due or that may become due during
continuation of the assignor's employment as a school employee.
(d) Venue for any suit against the employer of a school
employee to enforce an assignment, pledge, or transfer of salary is
in the county where the employing school is located.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state
minimum personal leave program consisting of five days per year
personal leave with no limit on accumulation and transferable among
districts shall be provided for school district employees. School
districts may provide additional personal leave beyond this
minimum. The board of trustees of a school district may adopt a
policy governing an employee's use of personal leave granted under
this subsection, except that the policy may not restrict the
purposes for which the leave may be used.
(b) In addition to all other days of leave provided by this
section or by the school district, an employee of a school district
who is physically assaulted during the performance of the
employee's regular duties is entitled to the number of days of leave
necessary to recuperate from all physical injuries sustained as a
result of the assault. At the request of an employee, the school
district must immediately assign an employee to assault leave and,
on investigation of the claim, may change the assault leave status
and charge the leave against the employee's accrued personal leave
or against an employee's pay if insufficient accrued personal leave
is available. Days of leave taken under this subsection may not be
deducted from accrued personal leave. The period provided by this
subsection may not extend more than two years beyond the date of the
assault. Notwithstanding any other law, assault leave policy
benefits due to an employee shall be coordinated with temporary
income benefits due from workers' compensation so that the
employee's total compensation from temporary income benefits and
assault leave policy benefits equals 100 percent of the employee's
weekly rate of pay.
(c) For purposes of Subsection (b), an employee of a school
district is physically assaulted if the person engaging in the
conduct causing injury to the employee:
(1) could be prosecuted for assault; or
(2) could not be prosecuted for assault only because
the person's age or mental capacity makes the person a
nonresponsible person for purposes of criminal liability.
(d) A school district employee with available personal
leave under this section is entitled to use the leave for
compensation during a term of active military service. This
subsection applies to any personal or sick leave available under
former law or provided by local policy of a school district,
including a home-rule school district.
(e) A school district, including a home-rule school
district, may adopt a policy providing for the paid leave of absence
of employees taking leave for active military service as part of the
consideration of employment by the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 936, § 1, eff. June 18,
1997; Acts 2001, 77th Leg., ch. 1015, § 1, eff. June 15, 2001;
Acts 2003, 78th Leg., ch. 971, § 2, eff. June 20, 2003.
§ 22.004. GROUP HEALTH BENEFITS FOR SCHOOL
EMPLOYEES. (a) A district shall participate in the uniform group
coverage program established under Article 3.50-7, Insurance Code,
as provided by Section 5 of that article.
(b) A district that does not participate in the program
described by Subsection (a) shall make available to its employees
group health coverage provided by a risk pool established by one or
more school districts under Chapter 172, Local Government Code, or
under a policy of insurance or group contract issued by an insurer,
a company subject to Chapter 842, Insurance Code, or a health
maintenance organization under Chapter 843, Insurance Code. The
coverage must meet the substantive coverage requirements of Article
3.51-6, Insurance Code, and any other law applicable to group
health insurance policies or contracts issued in this state. The
coverage must include major medical treatment but may exclude
experimental procedures. In this subsection, "major medical
treatment" means a medical, surgical, or diagnostic procedure for
illness or injury. The coverage may include managed care or
preventive care and must be comparable to the basic health coverage
provided under Chapter 1551, Insurance Code. The board of trustees
of the Teacher Retirement System of Texas shall adopt rules to
determine whether a school district's group health coverage is
comparable to the basic health coverage specified by this
subsection. The rules must provide for consideration of the
following factors concerning the district's coverage in
determining whether the district's coverage is comparable to the
basic health coverage specified by this subsection:
(1) the deductible amount for service provided inside
and outside of the network;
(2) the coinsurance percentages for service provided
inside and outside of the network;
(3) the maximum amount of coinsurance payments a
covered person is required to pay;
(4) the amount of the copayment for an office visit;
(5) the schedule of benefits and the scope of
coverage;
(6) the lifetime maximum benefit amount; and
(7) verification that the coverage is issued by a
provider licensed to do business in this state by the Texas
Department of Insurance or is provided by a risk pool authorized
under Chapter 172, Local Government Code, or that a district is
capable of covering the assumed liabilities in the case of coverage
provided through district self-insurance.
(c) The cost of the coverage provided under the program
described by Subsection (a) shall be paid by the state, the
district, and the employees in the manner provided by Article
3.50-7, Insurance Code. The cost of coverage provided under a plan
adopted under Subsection (b) shall be shared by the employees and
the district using the contributions by the state described by
Section 9, Article 3.50-7, Insurance Code, or by Article 3.50-8,
Insurance Code.
(d) Each district shall report the district's compliance
with this section to the executive director of the Teacher
Retirement System of Texas not later than March 1 of each
even-numbered year in the manner required by the board of trustees
of the Teacher Retirement System of Texas. For a district that does
not participate in the program described by Subsection (a), the
report must be based on the district group health coverage plan in
effect during the current plan year and must include:
(1) appropriate documentation of:
(A) the district's contract for group health
coverage with a provider licensed to do business in this state by
the Texas Department of Insurance or a risk pool authorized under
Chapter 172, Local Government Code; or
(B) a resolution of the board of trustees of the
district authorizing a self-insurance plan for district employees
and of the district's review of district ability to cover the
liability assumed;
(2) the schedule of benefits;
(3) the premium rate sheet, including the amount paid
by the district and employee;
(4) the number of employees covered by the health
coverage plan offered by the district; and
(5) any other information considered appropriate by
the executive director of the Teacher Retirement System of Texas.
(e) Based on the criteria prescribed by Subsection (b), the
executive director of the Teacher Retirement System of Texas shall,
for each district that does not participate in the program
described by Subsection (a), certify whether a district's coverage
is comparable to the basic health coverage provided under Chapter
1551, Insurance Code. If the executive director of the Teacher
Retirement System of Texas determines that the group health
coverage offered by a district is not comparable, the executive
director shall report that information to the district and to the
Legislative Budget Board. The executive director shall submit a
report to the legislature not later than September 1 of each
even-numbered year describing the status of each district's group
health coverage program based on the information contained in the
report required by Subsection (d) and the certification required by
this subsection.
(f) A school district that does not participate in the
program described by Subsection (a) may not contract with an
insurer, a company subject to Chapter 842, Insurance Code, or a
health maintenance organization to issue a policy or contract under
this section, or with any person to assist the school district in
obtaining or managing the policy or contract unless, before the
contract is entered into, the insurer, company, organization, or
person provides the district with an audited financial statement
showing the financial condition of the insurer, company,
organization, or person.
(g) An insurer, a company subject to Chapter 842, Insurance
Code, or a health maintenance organization that issues a policy or
contract under this section and any person that assists the school
district in obtaining or managing the policy or contract for
compensation shall provide an annual audited financial statement to
the school district showing the financial condition of the insurer,
company, organization, or person.
(h) An audited financial statement provided under this
section must be made in accordance with rules adopted by the
commissioner of insurance or with generally accepted accounting
principles, as applicable.
(i) Notwithstanding any other provision of this section, a
district participating in the uniform group coverage program
established under Article 3.50-7, Insurance Code, may not make
group health coverage available to its employees under this section
after the date on which the program of coverages provided under
Article 3.50-7, Insurance Code, is implemented.
(j) This section does not preclude a district that is
participating in the uniform group coverage program established
under Article 3.50-7, Insurance Code, from entering into contracts
to provide optional insurance coverages for the employees of the
district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1416, § 37, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1540, § 28, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1187, § 3.18, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 785, § 56, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1276, § 10A.511, eff. Sept. 1, 2003.
§ 22.005. HEALTH CARE PLAN AND FUND. (a) The board of
trustees of a school district may establish a health care plan for
employees of the district and dependents of employees.
(b) In implementing the health care plan, the board shall
establish a fund to pay, as authorized under the plan, all or part
of the actual costs for hospital, surgical, medical, dental, or
related health care incurred by employees of the district or any
dependent whose participation in the program is being supported by
deductions from the salary of an employee. Under the plan, the fund
also may be used to pay the costs of administering the fund. The
fund consists of money contributed by the school district and money
deducted from salaries of employees for dependent or employee
coverage. Money for the fund may not be deducted from the salary of
a school district employee unless the employee authorizes the
deduction in writing. The plan shall attempt to protect the school
district against unanticipated catastrophic individual loss, or
unexpectedly large aggregate loss, by securing individual
stop-loss coverage, or aggregate stop-loss coverage, or both, from
a commercial insurer.
(c) The board may amend or cancel the district's health care
plan at any regular or special meeting of the board. If the plan is
canceled, any valid claim against the fund for payment of health
care costs resulting from illness or injury occurring during the
time the plan was in effect shall be paid out of the fund. If the
fund is insufficient to pay the claim, the costs shall be paid out
of other available school district funds.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.006. DISCRIMINATION BASED ON JURY SERVICE
PROHIBITED. (a) A school district may not discharge, discipline,
reduce the salary of, or otherwise penalize or discriminate against
a school district employee because of the employee's compliance
with a summons to appear as a juror.
(b) For each regularly scheduled workday on which a
nonsalaried employee serves in any phase of jury service, a school
district shall pay the employee the employee's normal daily
compensation.
(c) An employee's accumulated personal leave may not be
reduced because of the employee's service in compliance with a
summons to appear as a juror.
Added by Acts 1999, 76th Leg., ch. 656, § 1, eff. Aug. 30, 1999.
SUBCHAPTER B. CIVIL IMMUNITY
§ 22.051. DEFINITION; OTHER IMMUNITY. (a) In this
subchapter, "professional employee of a school district" includes:
(1) a superintendent, principal, teacher, including a
substitute teacher, supervisor, social worker, counselor, nurse,
and teacher's aide employed by a school district;
(2) a teacher employed by a company that contracts
with a school district to provide the teacher's services to the
district;
(3) a student in an education preparation program
participating in a field experience or internship;
(4) a school bus driver certified in accordance with
standards and qualifications adopted by the Department of Public
Safety of the State of Texas;
(5) a member of the board of trustees of an independent
school district; and
(6) any other person employed by a school district
whose employment requires certification and the exercise of
discretion.
(b) The statutory immunity provided by this subchapter is in
addition to and does not preempt the common law doctrine of official
and governmental immunity.
Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0511. IMMUNITY FROM LIABILITY. (a) A
professional employee of a school district is not personally liable
for any act that is incident to or within the scope of the duties of
the employee's position of employment and that involves the
exercise of judgment or discretion on the part of the employee,
except in circumstances in which a professional employee uses
excessive force in the discipline of students or negligence
resulting in bodily injury to students.
(b) This section does not apply to the operation, use, or
maintenance of any motor vehicle.
(c) In addition to the immunity provided under this section
and under other provisions of state law, an individual is entitled
to any immunity and any other protections afforded under the Paul D.
Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et
seq.), as amended. Nothing in this subsection shall be construed to
limit or abridge any immunity or protection afforded an individual
under state law. For purposes of this subsection, "individual"
includes a person who provides services to private schools, to the
extent provided by federal law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from § 22.051 and amended by Acts 2003, 78th Leg., ch.
204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
1197, § 1, eff. Sept. 1, 2003.
§ 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
PROFESSIONAL EMPLOYEES. (a) A professional employee of a school
district may not be subject to disciplinary proceedings for the
employee's use of physical force against a student to the extent
justified under Section 9.62, Penal Code.
(b) In this section, "disciplinary proceeding" means:
(1) an action brought by the school district employing
a professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's term
contract; or
(2) an action brought by the State Board for Educator
Certification to enforce the educator's code of ethics adopted
under Section 21.041(b)(8).
(c) This section does not prohibit a school district from:
(1) enforcing a policy relating to corporal
punishment; or
(2) notwithstanding Subsection (a), bringing a
disciplinary proceeding against a professional employee of the
district who violates the district policy relating to corporal
punishment.
Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0513. NOTICE OF CLAIM. (a) Not later than the
90th day before the date a person files a suit against a
professional employee of a school district, the person must give
written notice to the employee of the claim, reasonably describing
the incident from which the claim arose.
(b) A professional employee of a school district against
whom a suit is pending who does not receive written notice, as
required by Subsection (a), may file a plea in abatement not later
than the 30th day after the date the person files an original answer
in the court in which the suit is pending.
(c) The court shall abate the suit if the court, after a
hearing, finds that the person is entitled to an abatement because
notice was not provided as required by this section.
(d) An abatement under Subsection (c) continues until the
90th day after the date that written notice is given to the
professional employee of a school district as provided by
Subsection (a).
Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0514. EXHAUSTION OF REMEDIES. A person may not
file suit against a professional employee of a school district
unless the person has exhausted the remedies provided by the school
district for resolving the complaint.
Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0515. LIMITATION ON DAMAGES. The liability of a
professional employee of a school district or of an individual that
is entitled to any immunity and other protections afforded under
the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C.
Section 6731 et seq.), as amended, for an act incident to or within
the scope of duties of the employee's position of employment may not
exceed $100,000. The limitation on liability provided by this
subsection does not apply to any attorney's fees or court costs that
may be awarded against the professional employee under Section
22.0517.
Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0516. ALTERNATIVE DISPUTE RESOLUTION. A court in
which a judicial proceeding is being brought against a professional
employee of a school district may refer the case to an alternative
dispute resolution procedure as described by Chapter 154, Civil
Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST
PROFESSIONAL EMPLOYEE. In an action against a professional
employee of a school district involving an act that is incidental to
or within the scope of duties of the employee's position of
employment and brought against the employee in the employee's
individual capacity, the employee is entitled to recover attorney's
fees and court costs from the plaintiff if the employee is found
immune from liability under this subchapter.
Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg. ch. 1197, § 1, eff. Sept. 1, 2003.
§ 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL
DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM
LIABILITY. (a) On the adoption of policies concerning the
administration of medication to students by school district
employees, the school district, its board of trustees, and its
employees are immune from civil liability from damages or injuries
resulting from the administration of medication to a student if:
(1) the school district has received a written request
to administer the medication from the parent, legal guardian, or
other person having legal control of the student; and
(2) when administering prescription medication, the
medication is administered either:
(A) from a container that appears to be:
(i) the original container; and
(ii) properly labeled; or
(B) from a properly labeled unit dosage container
filled by a registered nurse or another qualified district
employee, as determined by district policy, from a container
described by Paragraph (A).
(b) The board of trustees may allow a licensed physician or
registered nurse who provides volunteer services to the school
district and for whom the district provides liability insurance to
administer to a student:
(1) nonprescription medication; or
(2) medication currently prescribed for the student by
the student's personal physician.
(c) This section may not be construed as granting immunity
from civil liability for injuries resulting from gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1197, § 2, eff. Sept. 1,
2003.
§ 22.053. SCHOOL DISTRICT VOLUNTEERS. (a) A volunteer
who is serving as a direct service volunteer of a school district is
immune from civil liability to the same extent as a professional
employee of a school district under Section 22.0511.
(b) In this section, "volunteer" means a person providing
services for or on behalf of a school district, on the premises of
the district or at a school-sponsored or school-related activity on
or off school property, who does not receive compensation in excess
of reimbursement for expenses.
(c) This section does not limit the liability of a person
for intentional misconduct or gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 204, § 15.02, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, § 3, eff. Sept. 1, 2003.
§ 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER
EDUCATION. (a) A private or independent institution of higher
education is not liable for damages arising from an act or omission
of a person associated with the institution, including an employee
or student, arising in the course and scope of that person's
activities as a volunteer in a primary or secondary school.
(b) A school district may agree to provide or pay for
attorney services for the defense of a private or independent
institution of higher education if:
(1) the institution is assisting in the provision of
volunteer services to primary or secondary schools in the district;
(2) a claim for damages is brought against the
institution in relation to those services; and
(3) the board of trustees of the school district
reasonably believes that the institution is not liable for the
claim under Subsection (a).
(c) In this section:
(1) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
(2) "Volunteer" means a person rendering services for
or on behalf of a public school who does not receive compensation
from the district in excess of reimbursement for expenses. The
person may receive compensation from a person other than the
district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may
award costs and reasonable attorney's fees to a school district
employee acting under color of employment to the same extent that a
court may award costs and attorney's fees to a school district or
school district officer under Section 11.161.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. CRIMINAL HISTORY RECORDS
§ 22.081. DEFINITION. In this subchapter, "private
school" means a school that:
(1) offers a course of instruction for students in one
or more grades from prekindergarten through grade 12; and
(2) is not operated by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator
Certification shall obtain from any law enforcement or criminal
justice agency all criminal history record information that relates
to an applicant for or holder of a certificate issued under
Subchapter B, Chapter 21.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.083. ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL
AND REGIONAL EDUCATION AUTHORITIES. (a) A school district,
private school, regional education service center, or shared
services arrangement may obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to a person:
(1) whom the district, school, service center, or
shared services arrangement intends to employ in any capacity; or
(2) who has indicated, in writing, an intention to
serve as a volunteer with the district, school, service center, or
shared services arrangement.
(b) An open-enrollment charter school shall obtain from any
law enforcement or criminal justice agency all criminal history
record information that relates to:
(1) a person whom the school intends to employ in any
capacity; or
(2) a person who has indicated, in writing, an
intention to serve as a volunteer with the school.
(c) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to:
(1) a volunteer or employee of the district, school,
service center, or shared services arrangement; or
(2) an employee of or applicant for employment by a
person that contracts with the district, school, service center, or
shared services arrangement to provide services, if:
(A) the employee or applicant has or will have
continuing duties related to the contracted services; and
(B) the duties are or will be performed on school
property or at another location where students are regularly
present.
(d) The superintendent of a district or the director of an
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall promptly
notify the State Board for Educator Certification in writing if the
person obtains or has knowledge of information showing that an
applicant for or holder of a certificate issued under Subchapter B,
Chapter 21, has a reported criminal history.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 20, eff. Sept. 1,
2001.
§ 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL
BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided
by Subsections (c) and (d), a school district, open-enrollment
charter school, private school, regional education service center,
or shared services arrangement that contracts with a person for
transportation services shall obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to:
(1) a person employed by the person as a bus driver;
or
(2) a person the person intends to employ as a bus
driver.
(b) Except as provided by Subsections (c) and (d), a person
that contracts with a school district, open-enrollment charter
school, private school, regional education service center, or
shared services arrangement to provide transportation services
shall submit to the district, school, service center, or shared
services arrangement the name and other identification data
required to obtain criminal history record information of each
person described by Subsection (a). If the district, school,
service center, or shared services arrangement obtains information
that a person described by Subsection (a) has been convicted of a
felony or a misdemeanor involving moral turpitude, the district,
school, service center, or shared services arrangement shall inform
the chief personnel officer of the person with whom the district,
school, service center, or shared services arrangement has
contracted, and the person may not employ that person to drive a bus
on which students are transported without the permission of the
board of trustees of the district or service center, the governing
body of the open-enrollment charter school, or the chief executive
officer of the private school or shared services arrangement.
(c) A commercial transportation company that contracts with
a school district, open-enrollment charter school, private school,
regional education service center, or shared services arrangement
to provide transportation services may obtain from any law
enforcement or criminal justice agency all criminal history record
information that relates to:
(1) a person employed by the commercial transportation
company as a bus driver, bus monitor, or bus aide; or
(2) a person the commercial transportation company
intends to employ as a bus driver, bus monitor, or bus aide.
(d) If the commercial transportation company obtains
information that a person employed or to be employed by the company
has been convicted of a felony or a misdemeanor involving moral
turpitude, the company may not employ that person to drive or to
serve as a bus monitor or bus aide on a bus on which students are
transported without the permission of the board of trustees of the
district or service center, the governing body of the
open-enrollment charter school, or the chief executive officer of
the private school or shared services arrangement. Subsections (a)
and (b) do not apply if information is obtained as provided by
Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1438, § 1, eff. Sept. 1,
1997.
§ 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF
OFFENSES. A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may discharge an employee if the district or
school obtains information of the employee's conviction of a felony
or of a misdemeanor involving moral turpitude that the employee did
not disclose to the State Board for Educator Certification or the
district, school, service center, or shared services arrangement.
An employee discharged under this section is considered to have
been discharged for misconduct for purposes of Section 207.044,
Labor Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 22.086. LIABILITY FOR REPORTING OFFENSES. The State
Board for Educator Certification, a school district, an
open-enrollment charter school, a private school, a regional
education service center, a shared services arrangement, or an
employee of the board, district, school, service center, or shared
services arrangement is not civilly or criminally liable for making
a report required under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS
AFFILIATION. (a) A person employed or maintained to obtain or aid
in obtaining positions for public school employees may not directly
or indirectly ask about, orally or in writing, the religion or
religious affiliation of anyone applying for employment in the
public schools of this state.
(b) A person who violates Subsection (a) is subject to a
civil penalty of not less than $100 nor more than $500. The
aggrieved applicant or the applicant's assignee may bring suit for
imposition of the civil penalty in the county of plaintiff's or
defendant's residence.
(c) A person who violates Subsection (a) commits an offense.
An offense under this subsection is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
