| 1 | 1 | | By: Creighton S.B. No. 2422 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the confidentiality of certain records containing |
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| 7 | 7 | | applicant or student information that are held by the Texas Higher |
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| 8 | 8 | | Education Coordinating Board. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 61.031, Education Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | Sec. 61.031. PUBLIC [INTEREST] INFORMATION AND COMPLAINTS. |
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| 13 | 13 | | SECTION 2. Section 61.031, Education Code, is amended by |
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| 14 | 14 | | adding Subsection (d) to read as follows: |
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| 15 | 15 | | (d) Notwithstanding any other provision of law, information |
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| 16 | 16 | | that relates to a current, former, or prospective applicant or |
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| 17 | 17 | | student of an educational institution and that is obtained, |
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| 18 | 18 | | received, or held by the board for the purpose of providing |
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| 19 | 19 | | assistance with access to postsecondary education shall be |
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| 20 | 20 | | considered confidential and excepted from disclosure under Chapter |
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| 21 | 21 | | 552, Government Code, and may only be released in conformity with |
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| 22 | 22 | | the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 23 | 23 | | Section 1232g). The board may withhold information prohibited from |
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| 24 | 24 | | being disclosed under this subsection without requesting a decision |
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| 25 | 25 | | from the attorney general under Subchapter G, Chapter 552, |
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| 26 | 26 | | Government Code. |
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| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2023. |
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