By: Watson S.B. No. 1327
(Howard of Travis)
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information obtained by a
compliance office of an institution of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.971, Education Code, is amended by
amending Subsections (e) and (f) and adding Subsection (g) to read
as follows:
(e) Information is excepted from disclosure under Chapter
552, Government Code, if it is collected or produced:
(1) in a compliance program investigation and
releasing the information [the release of which] would interfere
with an ongoing compliance investigation; or
(2) by a systemwide compliance office for the purpose
of reviewing compliance processes at a component institution of
higher education of a university system [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 the following on
request in compliance with applicable law and procedure:
(1) a law enforcement agency or prosecutor;
(2) a governmental agency responsible for
investigating the matter that is the subject of a compliance
report, including the Texas Workforce Commission civil rights
division or the federal Equal Employment Opportunity Commission; or
(3) an officer or employee of an institution of higher
education or a compliance officer or employee of a university
system administration who is responsible under institutional or
system policy for a compliance program investigation or for
reviewing a compliance program investigation [for official
purposes of the agency or prosecutor upon proper request made in
compliance with applicable law and procedure].
(g) A disclosure under Subsection (f) is not a voluntary
disclosure for purposes of Section 552.007, Government Code.
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, 2011.