H.B. No. 449
AN ACT
relating to a requirement that a public or private institution of
higher education include a notation on a student's transcript under
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9364 to read as follows:
Sec. 51.9364. CERTAIN NOTATIONS REQUIRED ON STUDENT
TRANSCRIPTS. (a) In this section, "postsecondary educational
institution" means an institution of higher education or a private
or independent institution of higher education, as those terms are
defined by Section 61.003.
(b) If a student is ineligible to reenroll in a
postsecondary educational institution for a reason other than an
academic or financial reason, the institution shall include on the
student's transcript a notation stating that the student is
ineligible to reenroll in the institution for a reason other than an
academic or financial reason.
(c) If a student withdraws from a postsecondary educational
institution pending disciplinary charges that may result in the
student becoming ineligible to reenroll in the institution for a
reason other than an academic or financial reason, the institution
may not end the disciplinary process until the institution makes a
final determination of responsibility, including, if applicable, a
determination of whether the student will be ineligible to reenroll
in the institution for a reason other than an academic or financial
reason. If, as a result of the disciplinary process, the student is
ineligible to reenroll in the institution for a reason other than an
academic or financial reason, the institution shall include on the
student's transcript the notation required under Subsection (b).
(d) On request by the student, a postsecondary educational
institution may remove from a student's transcript a notation
required under this section if:
(1) the student is eligible to reenroll in the
institution; or
(2) the institution determines that good cause exists
to remove the notation.
(e) The Texas Higher Education Coordinating Board shall
adopt rules as necessary to implement this section. In adopting
those rules, the coordinating board shall use the negotiated
rulemaking procedures under Chapter 2008, Government Code.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt the rules required by Section 51.9364, Education Code,
as added by this Act, as soon as practicable after this Act takes
effect.
SECTION 3. The change in law made by this Act applies
beginning with the 2019 fall semester.
SECTION 4. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 449 was passed by the House on April
17, 2019, by the following vote: Yeas 107, Nays 32, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 449 was passed by the Senate on May
21, 2019, by the following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor