| 1 | 1 | | 82R9404 KYF-F |
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| 2 | 2 | | By: Howard of Travis H.B. No. 3591 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confidentiality of information obtained by a |
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| 8 | 8 | | compliance office of an institution of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.971, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (e) and (f) and adding Subsection (g) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (e) Information is excepted from disclosure under Chapter |
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| 14 | 14 | | 552, Government Code, if it is collected or produced: |
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| 15 | 15 | | (1) in a compliance program investigation and |
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| 16 | 16 | | releasing the information [the release of which] would interfere |
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| 17 | 17 | | with an ongoing compliance investigation; or |
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| 18 | 18 | | (2) by a systemwide compliance office for the purpose |
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| 19 | 19 | | of reviewing compliance processes at a component institution of |
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| 20 | 20 | | higher education of a university system [is excepted from |
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| 21 | 21 | | disclosure under Chapter 552, Government Code]. |
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| 22 | 22 | | (f) Information made confidential or excepted from public |
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| 23 | 23 | | disclosure by this section may be made available to the following on |
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| 24 | 24 | | request in compliance with applicable law and procedure: |
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| 25 | 25 | | (1) a law enforcement agency or prosecutor; |
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| 26 | 26 | | (2) a governmental agency responsible for |
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| 27 | 27 | | investigating the matter that is the subject of a compliance |
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| 28 | 28 | | report, including the Texas Workforce Commission civil rights |
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| 29 | 29 | | division or the federal Equal Employment Opportunity Commission; or |
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| 30 | 30 | | (3) an officer or employee of an institution of higher |
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| 31 | 31 | | education or a compliance officer or employee of a university |
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| 32 | 32 | | system administration who is responsible under institutional or |
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| 33 | 33 | | system policy for a compliance program investigation or for |
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| 34 | 34 | | reviewing a compliance program investigation [for official |
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| 35 | 35 | | purposes of the agency or prosecutor upon proper request made in |
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| 36 | 36 | | compliance with applicable law and procedure]. |
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| 37 | 37 | | (g) A disclosure under Subsection (f) is not a voluntary |
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| 38 | 38 | | disclosure for purposes of Section 552.007, Government Code. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2011. |
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