By: Creighton S.B. No. 2422
(In the Senate - Filed March 10, 2023; March 23, 2023, read
first time and referred to Subcommittee on Higher Education;
May 8, 2023, reported adversely, with favorable Committee
Substitute from Committee on Education by the following vote:
Yeas 12, Nays 0; May 8, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2422 By: King
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain records containing
applicant or student information that are held by the Texas Higher
Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 61.031, Education Code,
is amended to read as follows:
Sec. 61.031. PUBLIC [INTEREST] INFORMATION AND COMPLAINTS.
SECTION 2. Section 61.031, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding any other provision of law, information
that relates to a current, former, or prospective applicant or
student of an educational institution and that is obtained,
received, or held by the board for the purpose of providing
assistance with access to postsecondary education shall be
considered confidential and excepted from disclosure under Chapter
552, Government Code, and may only be released in conformity with
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g). The board may withhold information prohibited from
being disclosed under this subsection without requesting a decision
from the attorney general under Subchapter G, Chapter 552,
Government Code.
SECTION 3. 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, 2023.
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