| 1 | 1 | | 88R12066 CXP-F |
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| 2 | 2 | | By: Bucy H.B. No. 3173 |
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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 inquiries into and the consideration of an applicant's |
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| 8 | 8 | | criminal and disciplinary history in making admissions decisions at |
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| 9 | 9 | | a public institution of higher education. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 51.762, Education Code, is amended by |
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| 12 | 12 | | amending Subsections (c) and (h) and adding Subsection (c-1) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) Subject to Subsection (c-1) and in [In] addition to |
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| 15 | 15 | | information required to determine the residency status of the |
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| 16 | 16 | | applicant and information relating to the use of the form at each |
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| 17 | 17 | | institution, the board shall include on each application form |
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| 18 | 18 | | adopted under this section information that the board considers |
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| 19 | 19 | | appropriate. |
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| 20 | 20 | | (c-1) The board may not include on an application form |
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| 21 | 21 | | adopted under this section information regarding an applicant's |
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| 22 | 22 | | criminal history or disciplinary history at a primary or secondary |
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| 23 | 23 | | school or postsecondary educational institution, other than |
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| 24 | 24 | | information regarding the applicant's: |
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| 25 | 25 | | (1) conviction of an offense: |
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| 26 | 26 | | (A) under Section 42.072 (Stalking), Penal Code; |
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| 27 | 27 | | (B) for which the applicant is required to |
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| 28 | 28 | | register as a sex offender under Chapter 62, Code of Criminal |
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| 29 | 29 | | Procedure; or |
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| 30 | 30 | | (C) for which an affirmative finding of family |
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| 31 | 31 | | violence was made under Article 42.013, Code of Criminal Procedure; |
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| 32 | 32 | | (2) conviction occurring not more than 10 years before |
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| 33 | 33 | | the date on which the application is submitted of an offense not |
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| 34 | 34 | | described by Subdivision (1) under: |
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| 35 | 35 | | (A) Section 19.02 (Murder), 19.03 (Capital |
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| 36 | 36 | | Murder), or 19.04 (Manslaughter), Penal Code; |
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| 37 | 37 | | (B) Section 20.03 (Kidnapping) or 20.04 |
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| 38 | 38 | | (Aggravated Kidnapping), Penal Code; or |
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| 39 | 39 | | (C) Section 22.01 (Assault) or 22.02 (Aggravated |
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| 40 | 40 | | Assault), Penal Code; |
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| 41 | 41 | | (3) pending criminal charges; or |
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| 42 | 42 | | (4) disciplinary history at a primary or secondary |
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| 43 | 43 | | school or postsecondary educational institution for stalking, |
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| 44 | 44 | | sexual assault, sexual harassment, or dating violence, as those |
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| 45 | 45 | | terms are defined by Section 51.281. |
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| 46 | 46 | | (h) An applicant may file, and each institution of higher |
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| 47 | 47 | | education shall accept, an application for admission as an entering |
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| 48 | 48 | | freshman or undergraduate transfer student that uses the |
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| 49 | 49 | | appropriate form adopted under this section. The form used to apply |
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| 50 | 50 | | to a general academic teaching institution may be filed in either |
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| 51 | 51 | | electronic or printed format. An institution of higher education |
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| 52 | 52 | | may require [is not prohibited from requiring] an applicant to |
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| 53 | 53 | | submit additional information, other than information prohibited |
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| 54 | 54 | | from being included on an application form under Subsection (c-1), |
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| 55 | 55 | | within a reasonable time after the institution has received an |
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| 56 | 56 | | application using a form adopted under this section. |
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| 57 | 57 | | SECTION 2. Section 51.763(c), Education Code, is amended to |
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| 58 | 58 | | read as follows: |
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| 59 | 59 | | (c) A general academic teaching institution may require [is |
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| 60 | 60 | | not prohibited from requiring] an applicant to submit additional |
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| 61 | 61 | | information, other than information prohibited from being included |
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| 62 | 62 | | on an application form under Section 51.762(c-1), within a |
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| 63 | 63 | | reasonable time after the institution has received an application |
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| 64 | 64 | | under this section. |
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| 65 | 65 | | SECTION 3. Section 51.842, Education Code, is amended by |
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| 66 | 66 | | adding Subsection (c-1) to read as follows: |
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| 67 | 67 | | (c-1) A graduate or a professional program of a general |
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| 68 | 68 | | academic teaching institution may not inquire into or consider in |
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| 69 | 69 | | making an admissions decision for admission into the graduate or |
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| 70 | 70 | | professional program an applicant's criminal or disciplinary |
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| 71 | 71 | | history at a primary or secondary school or postsecondary |
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| 72 | 72 | | educational institution, except in the manner provided by Section |
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| 73 | 73 | | 51.762(c-1). |
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| 74 | 74 | | SECTION 4. (a) Sections 51.762 and 51.763, Education Code, |
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| 75 | 75 | | as amended by this Act, apply beginning with applications for |
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| 76 | 76 | | undergraduate admission to a public institution of higher education |
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| 77 | 77 | | or a general academic teaching institution for the 2024 spring |
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| 78 | 78 | | semester. |
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| 79 | 79 | | (b) Section 51.842, Education Code, as amended by this Act, |
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| 80 | 80 | | applies beginning with applications for admission to a graduate or |
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| 81 | 81 | | professional program offered by a general academic teaching |
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| 82 | 82 | | institution or medical or dental unit for the 2024 spring semester. |
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| 83 | 83 | | SECTION 5. This Act takes effect September 1, 2023. |
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