Texas 2021 - 87th Regular

Texas House Bill HB363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: VanDeaver (Senate Sponsor - Perry) H.B. No. 363
2		-	(In the Senate - Received from the House April 28, 2021;
3		-	May 3, 2021, read first time and referred to Committee on
4		-	Education; May 10, 2021, reported favorably by the following vote:
5		-	Yeas 11, Nays 0; May 10, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	87R13738 CAE-F
	2	+	By: VanDeaver H.B. No. 363
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9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to restricting the use of personally identifiable student
12	8		information by an operator of a website, online service, online
13	9		application, or mobile application used for a school purpose and
14	10		providing an exemption from certain restrictions for a national
15	11		assessment provider.
16	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	13		SECTION 1. Section 32.155, Education Code, is amended to
18	14		read as follows:
19	15		Sec. 32.155. PROTECTION OF COVERED INFORMATION. (a) An
20	16		operator must implement and maintain reasonable security
21	17		procedures and practices designed to protect any covered
22	18		information from unauthorized access, deletion, use, modification,
23	19		or disclosure.
24	20		(b) Any operator that has been approved by the agency or had
25	21		a product adopted by the agency and possesses any covered
26	22		information must use the unique identifier established by the Texas
27	23		Student Data System (TSDS) or a successor data management system
28	24		maintained by the agency for any account creation, data upload,
29	25		data transmission, analysis, or reporting to mask all personally
30	26		identifiable student information. The operator shall adhere to a
31	27		state-required student data sharing agreement that includes an
32	28		established unique identifier standard for all operators as
33	29		prescribed by the agency.
34	30		(c) In addition to including the unique identifier in
35	31		releasing information as provided by Subsection (b), an operator
36	32		may include any other data field identified by the agency or by a
37	33		school district, open-enrollment charter school, regional
38	34		education service center, or other local education agency as
39	35		necessary for the information being released to be useful.
40	36		(d) A school district, open-enrollment charter school,
41	37		regional education service center, or other local education agency
42	38		may include additional data fields in an agreement with an operator
43	39		or the amendment of an agreement with an operator under this
44	40		section. An operator may agree to include the additional data
45	41		fields requested by a school district, open-enrollment charter
46	42		school, regional education service center, or other local education
47	43		agency but may not require that additional data fields be included.
48	44		(e) A school district, open-enrollment charter school,
49	45		regional education service center, or other local education agency
50	46		may require an operator that contracts directly with the entity to
51	47		adhere to a state-required student data sharing agreement that
52	48		includes the use of an established unique identifier standard for
53	49		all operators as prescribed by the agency.
54	50		(f) A national assessment provider who receives covered
55	51		information from a student or from a school district or campus on
56	52		behalf of a student is not required to comply with Subsection (b) or
57	53		(e) if the provider receives the covered information solely to
58	54		provide access to:
59	55		(1) employment, educational scholarships, financial
60	56		aid, or postsecondary educational opportunities; or
61	57		(2) educational resources for middle school, junior
62	58		high school, or high school students.
63	59		(g) The commissioner may adopt rules as necessary to
64	60		administer this section.
65	61		SECTION 2. This Act takes effect September 1, 2023.
66		-	* * * * *