Texas 2025 - 89th Regular

Texas House Bill HB3452 Compare Versions

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11 89R13372 AND-D
22 By: Jones of Dallas H.B. No. 3452
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to inquiries into the criminal and disciplinary history of
1010 an applicant for undergraduate admission to a public institution of
1111 higher education.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 51.762, Education Code, is amended by
1414 amending Subsections (c) and (h) and adding Subsection (c-1) to
1515 read as follows:
1616 (c) Subject to Subsection (c-1) and in [In] addition to
1717 information required to determine the residency status of the
1818 applicant and information relating to the use of the form at each
1919 institution, the board shall include on each application form
2020 adopted under this section information that the board considers
2121 appropriate.
2222 (c-1) The board may not include on an application form
2323 adopted under this section information regarding an applicant's
2424 criminal history or disciplinary history at a primary or secondary
2525 school or postsecondary educational institution, other than
2626 information regarding the applicant's:
2727 (1) conviction of an offense:
2828 (A) under Section 42.072 (Stalking), Penal Code;
2929 (B) for which the applicant is required to
3030 register as a sex offender under Chapter 62, Code of Criminal
3131 Procedure; or
3232 (C) for which an affirmative finding of family
3333 violence was made under Article 42.013, Code of Criminal Procedure;
3434 (2) conviction occurring not more than 10 years before
3535 the date on which the application is submitted of an offense not
3636 described by Subdivision (1) under:
3737 (A) Section 19.02 (Murder), 19.03 (Capital
3838 Murder), or 19.04 (Manslaughter), Penal Code;
3939 (B) Section 20.03 (Kidnapping) or 20.04
4040 (Aggravated Kidnapping), Penal Code; or
4141 (C) Section 22.01 (Assault) or 22.02 (Aggravated
4242 Assault), Penal Code;
4343 (3) pending criminal charges; or
4444 (4) disciplinary history at a primary or secondary
4545 school or postsecondary educational institution for stalking,
4646 sexual assault, sexual harassment, or dating violence, as those
4747 terms are defined by Section 51.281.
4848 (h) An applicant may file, and each institution of higher
4949 education shall accept, an application for admission as an entering
5050 freshman or undergraduate transfer student that uses the
5151 appropriate form adopted under this section. The form used to apply
5252 to a general academic teaching institution may be filed in either
5353 electronic or printed format. An institution of higher education
5454 may require [is not prohibited from requiring] an applicant to
5555 submit additional information, other than information prohibited
5656 from being included on an application form under Subsection (c-1),
5757 within a reasonable time after the institution has received an
5858 application using a form adopted under this section.
5959 SECTION 2. Section 51.763(c), Education Code, is amended to
6060 read as follows:
6161 (c) A general academic teaching institution may require [is
6262 not prohibited from requiring] an applicant to submit additional
6363 information, other than information prohibited from being included
6464 on an application form under Section 51.762(c-1), within a
6565 reasonable time after the institution has received an application
6666 under this section.
6767 SECTION 3. Sections 51.762 and 51.763, Education Code, as
6868 amended by this Act, apply beginning with applications for
6969 undergraduate admission to a public institution of higher education
7070 or a general academic teaching institution for the 2026 spring
7171 semester.
7272 SECTION 4. This Act takes effect September 1, 2025.