Texas 2019 - 86th Regular

Texas House Bill HB3000 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R21041 MP-D
2		-	By: Talarico, Capriglione, Dean H.B. No. 3000
	2	+	By: Talarico, Capriglione H.B. No. 3000
	3	+	Substitute the following for H.B. No. 3000:
	4	+	By: Meyer C.S.H.B. No. 3000
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to student data security in public schools.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 32, Education Code, is amended by adding
10	12		Subchapter E to read as follows:
11	13		SUBCHAPTER E. STUDENT DATA SECURITY
12	14		Sec. 32.201. DEFINITION. In this subchapter, "data breach"
13	15		means an incident in which student information that is sensitive,
14	16		protected, or confidential, as provided by state or federal law, is
15	17		stolen or is copied, transmitted, viewed, or used by a person
16	18		unauthorized to engage in that action.
17	19		Sec. 32.202. REPORTING OF STUDENT DATA BREACH. (a) A
18	20		school district shall provide written notice to a parent of or
19	21		person standing in parental relation to a student enrolled in the
20	22		district of a school district data breach involving the student's
21	23		information not later than the 30th day after the date on which the
22	24		district becomes aware of the data breach. The notice must include:
23	25		(1) a description of the type of information that was
24	26		the subject of the data breach; and
25	27		(2) a general description of any action taken or
26	28		planned to be taken by the district to:
27	29		(A) reduce damage as a result of the data breach;
28	30		or
29	31		(B) prevent another data breach, including
30	32		adopting a student privacy pledge.
31	33		(b) A school district shall submit to the agency a report on
32	34		a school district data breach not later than the 60th day after the
33	35		date the district becomes aware of the data breach. The report must
34	36		include:
35	37		(1) detailed information regarding the nature of the
36	38		data breach;
37	39		(2) the number of students affected by the data
38	40		breach;
39	41		(3) a description of the type of information that was
40	42		the subject of the data breach; and
41	43		(4) a detailed description of any action taken or
42	44		planned to be taken by the district to:
43	45		(A) reduce damage as a result of the data breach;
44	46		or
45	47		(B) prevent another data breach, including
46	48		adopting a student privacy pledge.
47	49		(c) Information reported under Subsection (b)(1) or (4) is
48	50		confidential and not subject to disclosure under Chapter 552,
49	51		Government Code.
50	52		Sec. 32.203. STUDENT DATA BREACH DATABASE. (a) The agency
51	53		shall establish and maintain an electronically searchable database
52	54		that contains information regarding each school district data
53	55		breach reported under Section 32.202(b).
54	56		(b) The database must contain the following publicly
55	57		accessible information for each school district data breach:
56	58		(1) the school district at which the data breach
57	59		occurred; and
58	60		(2) the number of students affected by the data
59	61		breach.
60	62		(c) The database must also contain for each school district
61	63		data breach the information reported under Sections 32.202(b)(1)
62	64		and (4). The agency shall ensure that only a school administrator
63	65		may access information contained in the database under this
64	66		subsection.
65	67		Sec. 32.204. RULES. The commissioner may adopt rules as
66	68		necessary to implement this subchapter.
67	69		SECTION 2. Section 12.104(b), Education Code, as amended by
68	70		Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
69	71		of the 85th Legislature, Regular Session, 2017, is reenacted and
70	72		amended to read as follows:
71	73		(b) An open-enrollment charter school is subject to:
72	74		(1) a provision of this title establishing a criminal
73	75		offense; and
74	76		(2) a prohibition, restriction, or requirement, as
75	77		applicable, imposed by this title or a rule adopted under this
76	78		title, relating to:
77	79		(A) the Public Education Information Management
78	80		System (PEIMS) to the extent necessary to monitor compliance with
79	81		this subchapter as determined by the commissioner;
80	82		(B) criminal history records under Subchapter C,
81	83		Chapter 22;
82	84		(C) reading instruments and accelerated reading
83	85		instruction programs under Section 28.006;
84	86		(D) accelerated instruction under Section
85	87		28.0211;
86	88		(E) high school graduation requirements under
87	89		Section 28.025;
88	90		(F) special education programs under Subchapter
89	91		A, Chapter 29;
90	92		(G) bilingual education under Subchapter B,
91	93		Chapter 29;
92	94		(H) prekindergarten programs under Subchapter E
93	95		or E-1, Chapter 29;
94	96		(I) extracurricular activities under Section
95	97		33.081;
96	98		(J) discipline management practices or behavior
97	99		management techniques under Section 37.0021;
98	100		(K) health and safety under Chapter 38;
99	101		(L) public school accountability under
100	102		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
101	103		(M) the requirement under Section 21.006 to
102	104		report an educator's misconduct;
103	105		(N) intensive programs of instruction under
104	106		Section 28.0213;
105	107		(O) the right of a school employee to report a
106	108		crime, as provided by Section 37.148; [and]
107	109		(P) bullying prevention policies and procedures
108	110		under Section 37.0832;
109	111		(Q) the right of a school under Section 37.0052
110	112		to place a student who has engaged in certain bullying behavior in a
111	113		disciplinary alternative education program or to expel the student;
112	114		[and]
113	115		(R) the right under Section 37.0151 to report to
114	116		local law enforcement certain conduct constituting assault or
115	117		harassment;
116	118		(S) [(P)] a parent's right to information
117	119		regarding the provision of assistance for learning difficulties to
118	120		the parent's child as provided by Sections 26.004(b)(11) and
119	121		26.0081(c) and (d); and
120	122		(T) student data security under Subchapter E,
121	123		Chapter 32.
122	124		SECTION 3. To the extent of any conflict, this Act prevails
123	125		over another Act of the 86th Legislature, Regular Session, 2019,
124	126		relating to nonsubstantive additions to and corrections in enacted
125	127		codes.
126	128		SECTION 4. This Act takes effect immediately if it receives
127	129		a vote of two-thirds of all the members elected to each house, as
128	130		provided by Section 39, Article III, Texas Constitution. If this
129	131		Act does not receive the vote necessary for immediate effect, this
130	132		Act takes effect September 1, 2019.