| 1 | 1 | | By: Vo (Senate Sponsor - Jackson) H.B. No. 2538 |
|---|
| 2 | 2 | | (In the Senate - Received from the House April 26, 2011; |
|---|
| 3 | 3 | | May 4, 2011, read first time and referred to Select Committee on |
|---|
| 4 | 4 | | Open Government; May 13, 2011, reported favorably by the following |
|---|
| 5 | 5 | | vote: Yeas 5, Nays 0; May 13, 2011, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the confidentiality of certain identifying information |
|---|
| 11 | 11 | | regarding students of career schools or colleges and other |
|---|
| 12 | 12 | | educational entities; providing a criminal penalty. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subchapter B, Chapter 132, Education Code, is |
|---|
| 15 | 15 | | amended by adding Section 132.024 to read as follows: |
|---|
| 16 | 16 | | Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY. (a) |
|---|
| 17 | 17 | | In this section: |
|---|
| 18 | 18 | | (1) "Student" means any prospective, current, or |
|---|
| 19 | 19 | | former student of: |
|---|
| 20 | 20 | | (A) a career school or college; or |
|---|
| 21 | 21 | | (B) any other school, educational institution, |
|---|
| 22 | 22 | | or business entity from which the commission receives, or regarding |
|---|
| 23 | 23 | | which the commission reviews, information through its |
|---|
| 24 | 24 | | administration or enforcement of this chapter. |
|---|
| 25 | 25 | | (2) "Student information" means identifying |
|---|
| 26 | 26 | | information in the commission's possession regarding a student. |
|---|
| 27 | 27 | | The term includes: |
|---|
| 28 | 28 | | (A) a student's name, address, telephone number, |
|---|
| 29 | 29 | | social security number, e-mail address, or date of birth; |
|---|
| 30 | 30 | | (B) any other identifying number or other |
|---|
| 31 | 31 | | information that foreseeably could be combined with other publicly |
|---|
| 32 | 32 | | available information to reveal identifying information regarding |
|---|
| 33 | 33 | | the student; and |
|---|
| 34 | 34 | | (C) a student's education records, as defined by |
|---|
| 35 | 35 | | 34 C.F.R. Section 99.3. |
|---|
| 36 | 36 | | (b) Student information is not public information for |
|---|
| 37 | 37 | | purposes of Chapter 552, Government Code. |
|---|
| 38 | 38 | | (c) Unless permitted by Subchapter F, Chapter 301, Labor |
|---|
| 39 | 39 | | Code, or commission rule, a person commits an offense if the person |
|---|
| 40 | 40 | | solicits, discloses, receives, or uses, or authorizes, permits, |
|---|
| 41 | 41 | | participates in, or acquiesces in another person's use of, student |
|---|
| 42 | 42 | | information. |
|---|
| 43 | 43 | | (d) An offense under Subsection (c) is a Class A |
|---|
| 44 | 44 | | misdemeanor. |
|---|
| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2011. |
|---|
| 46 | 46 | | * * * * * |
|---|