H.B. No. 2538
AN ACT
relating to the confidentiality of certain identifying information
regarding students of career schools or colleges and other
educational entities; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 132, Education Code, is
amended by adding Section 132.024 to read as follows:
Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY. (a)
In this section:
(1) "Student" means any prospective, current, or
former student of:
(A) a career school or college; or
(B) any other school, educational institution,
or business entity from which the commission receives, or regarding
which the commission reviews, information through its
administration or enforcement of this chapter.
(2) "Student information" means identifying
information in the commission's possession regarding a student.
The term includes:
(A) a student's name, address, telephone number,
social security number, e-mail address, or date of birth;
(B) any other identifying number or other
information that foreseeably could be combined with other publicly
available information to reveal identifying information regarding
the student; and
(C) a student's education records, as defined by
34 C.F.R. Section 99.3.
(b) Student information is not public information for
purposes of Chapter 552, Government Code.
(c) Unless permitted by Subchapter F, Chapter 301, Labor
Code, or commission rule, a person commits an offense if the person
solicits, discloses, receives, or uses, or authorizes, permits,
participates in, or acquiesces in another person's use of, student
information.
(d) An offense under Subsection (c) is a Class A
misdemeanor.
SECTION 2. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2538 was passed by the House on April
21, 2011, by the following vote: Yeas 146, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2538 was passed by the Senate on May
19, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor