By: Rose (Senate Sponsor - Watson) H.B. No. 4189
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on Higher
Education; May 20, 2009, reported favorably by the following vote:
Yeas 5, Nays 0; May 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of compliance programs by institutions of
higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.971 to read as follows:
Sec. 51.971. COMPLIANCE PROGRAM. (a) In this section:
(1) "Compliance program" means a process to assess and
ensure compliance by the officers and employees of an institution
of higher education with applicable laws, rules, regulations, and
policies, including matters of:
(A) ethics and standards of conduct;
(B) financial reporting;
(C) internal accounting controls; or
(D) auditing.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) An institution of higher education that maintains a
compliance program may establish procedures, such as a telephone
hotline, to permit private access to the compliance program office
and to preserve the confidentiality of communications and the
anonymity of a person making a compliance report or participating
in a compliance investigation.
(c) The following are confidential:
(1) information that directly or indirectly reveals
the identity of an individual who made a report to the compliance
program office of an institution of higher education, sought
guidance from the office, or participated in an investigation
conducted under the compliance program; and
(2) information that directly or indirectly reveals
the identity of an individual as a person who is alleged to have or
may have planned, initiated, or participated in activities that are
the subject of a report made to the compliance program office of an
institution of higher education if, after completing an
investigation, the office determines the report to be
unsubstantiated or without merit.
(d) Subsection (c) does not apply to information related to
an individual who consents to disclosure of the information.
(e) Information produced in a compliance program
investigation the release of which would interfere with an ongoing
compliance investigation is excepted from disclosure under Chapter
552, Government Code.
(f) Information made confidential or excepted from public
disclosure by this section may be made available to a law
enforcement agency or prosecutor for official purposes of the
agency or prosecutor upon proper request made in compliance with
applicable law and procedure.
SECTION 2. 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, 2009.
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