SB 1428

relating to persons not eligible for employment in public schools
and to measures to ensure public schools do not employ those
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.089 to read as follows:
Sec. 22.089.  WAIVER OF CRIMINAL HISTORY BACKGROUND CHECK
PROHIBITED.  (a)  This section applies to a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, and shared
(b)  An entity to which this section applies may not allow a
person to begin employment at the entity before the entity obtains
criminal history record information as required under this
SECTION 2.  Section 22.092, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (c-1)
(b)  A school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement shall
discharge, [or] refuse to hire, or refuse to otherwise offer
employment to a person listed on the registry maintained under this
(c)  The registry maintained under this section must list the
following persons as not eligible to be employed by public schools:
(1)  a person determined by the agency under Section
22.0832 as a person who would not be eligible for educator
certification under Subchapter B, Chapter 21;
(2)  a person determined by the agency to be not
eligible for employment based on the person's criminal history
record information review, as provided by Section 22.0833;
(3)  a person who is not eligible for employment based
on criminal history record information received by the agency under
(4)  a person whose certification or permit issued
under Subchapter B, Chapter 21, is revoked or suspended by the State
Board for Educator Certification [on a finding that the person
engaged in misconduct described by Section 21.006(b)(2)(A) or
(5)  a person who is determined by the commissioner
under Section 22.094 to have engaged in misconduct described by
Section 22.093(c)(1)(A) or (B);
(6)  a person who is not eligible for employment based
on the person's criminal history record information review, as
provided by Section 22.085; and
(7)  a person who, based on the person's criminal
history record information review, has been convicted of:
(A)  a felony not otherwise described by this
(B)  a misdemeanor involving moral turpitude;
(C)  an offense involving the possession,
transfer, sale, or distribution of or conspiracy to possess,
transfer, sell, or distribute a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
(D)  an offense under the laws of another state or
federal law that is equivalent to an offense described by this
(c-1)  As soon as practicable after a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement obtains information indicating that a person
who is required to be listed on the registry under Subsection (c) is
not listed, the district, school, entity, service center, or
arrangement shall report that information to the agency.
(d)  The agency shall provide equivalent access to the
registry maintained under this section to:
(2)  public schools, including charter schools
operating under Chapter 12; and
(3)  nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913.
SECTION 3.  Section 22.096, Education Code, is amended to
Sec. 22.096.  COMPLIANCE MONITORING; SANCTIONS FOR FAILURE
TO COMPLY.  (a) The agency shall periodically conduct site visits
and review the records of school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, regional education service centers, and shared services
arrangements to ensure compliance with Section 22.092(b).
(b)  The agency shall impose sanctions, including the
withholding of funding that would otherwise be allocated under the
school safety allotment under Section 48.115, on a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
(1)  violates Section 22.092(b), including by failing
to check the registry maintained under that section before hiring
or otherwise offering employment to a person; or
(2)  fails to obtain criminal history record
information that the district, school, entity, service center, or
arrangement is required to obtain under Subchapter C.
SECTION 4.  Section 22.085(b), Education Code, is repealed.
SECTION 5.  Notwithstanding Section 22.085 or 22.092(b),
Education Code, as amended by this Act, a school district,
open-enrollment charter school, or shared services arrangement may
continue to employ a person employed by the district, school, or
arrangement on the effective date of this Act to whom Section
22.085(b), Education Code, as it existed immediately before the
effective date of this Act, applied if the district, school, or
arrangement determines, in consultation with appropriate law
enforcement agencies and court personnel, that the person:
(1)  is otherwise employable by the district, school,
or arrangement under the provisions of Chapters 21 and 22,
(2)  has demonstrated rehabilitation;
(3)  has complied with all applicable district, school,
or arrangement policies while employed by the district, school, or
(4)  has satisfied all terms of a court order entered on
conviction and all conditions of community supervision, deferred
adjudication community supervision, parole, or mandatory
supervision required as a result of the person's conviction of an
offense described by Section 22.085(b), Education Code; and
(5)  has not been convicted of any other criminal
offense since the date the person was convicted of an offense
described by Section 22.085(b), Education Code.
SECTION 6.  This Act applies beginning with the 2025-2026
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.