88R12066 CXP-F
By: Bucy H.B. No. 3173
A BILL TO BE ENTITLED
AN ACT
relating to inquiries into and the consideration of an applicant's
criminal and disciplinary history in making admissions decisions at
a public institution of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.762, Education Code, is amended by
amending Subsections (c) and (h) and adding Subsection (c-1) to
read as follows:
(c) Subject to Subsection (c-1) and in [In] addition to
information required to determine the residency status of the
applicant and information relating to the use of the form at each
institution, the board shall include on each application form
adopted under this section information that the board considers
appropriate.
(c-1) The board may not include on an application form
adopted under this section information regarding an applicant's
criminal history or disciplinary history at a primary or secondary
school or postsecondary educational institution, other than
information regarding the applicant's:
(1) conviction of an offense:
(A) under Section 42.072 (Stalking), Penal Code;
(B) for which the applicant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(C) for which an affirmative finding of family
violence was made under Article 42.013, Code of Criminal Procedure;
(2) conviction occurring not more than 10 years before
the date on which the application is submitted of an offense not
described by Subdivision (1) under:
(A) Section 19.02 (Murder), 19.03 (Capital
Murder), or 19.04 (Manslaughter), Penal Code;
(B) Section 20.03 (Kidnapping) or 20.04
(Aggravated Kidnapping), Penal Code; or
(C) Section 22.01 (Assault) or 22.02 (Aggravated
Assault), Penal Code;
(3) pending criminal charges; or
(4) disciplinary history at a primary or secondary
school or postsecondary educational institution for stalking,
sexual assault, sexual harassment, or dating violence, as those
terms are defined by Section 51.281.
(h) An applicant may file, and each institution of higher
education shall accept, an application for admission as an entering
freshman or undergraduate transfer student that uses the
appropriate form adopted under this section. The form used to apply
to a general academic teaching institution may be filed in either
electronic or printed format. An institution of higher education
may require [is not prohibited from requiring] an applicant to
submit additional information, other than information prohibited
from being included on an application form under Subsection (c-1),
within a reasonable time after the institution has received an
application using a form adopted under this section.
SECTION 2. Section 51.763(c), Education Code, is amended to
read as follows:
(c) A general academic teaching institution may require [is
not prohibited from requiring] an applicant to submit additional
information, other than information prohibited from being included
on an application form under Section 51.762(c-1), within a
reasonable time after the institution has received an application
under this section.
SECTION 3. Section 51.842, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A graduate or a professional program of a general
academic teaching institution may not inquire into or consider in
making an admissions decision for admission into the graduate or
professional program an applicant's criminal or disciplinary
history at a primary or secondary school or postsecondary
educational institution, except in the manner provided by Section
51.762(c-1).
SECTION 4. (a) Sections 51.762 and 51.763, Education Code,
as amended by this Act, apply beginning with applications for
undergraduate admission to a public institution of higher education
or a general academic teaching institution for the 2024 spring
semester.
(b) Section 51.842, Education Code, as amended by this Act,
applies beginning with applications for admission to a graduate or
professional program offered by a general academic teaching
institution or medical or dental unit for the 2024 spring semester.
SECTION 5. This Act takes effect September 1, 2023.