89R3432 CMO-D
By: Bernal H.B. No. 538
A BILL TO BE ENTITLED
AN ACT
relating to student access to certain academic records; authorizing
a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.9715, Education Code, is amended by
adding Subsections (c), (d), (e), (f), and (g) to read as follows:
(c) Except as provided by Subsections (d) and (e), on
request by a student, a postsecondary educational institution shall
release to the student the student's transcript or the student's
certificate of completion of training issued by the institution
under Chapter 132, as applicable.
(d) On request by a student who has not fulfilled the
student's financial obligation to the institution, a postsecondary
educational institution must release the student's transcript or
the student's certificate of completion of training issued by the
institution under Chapter 132, as applicable, only if the student:
(1) has not been enrolled in the institution for at
least five years;
(2) includes with the student's request a copy of the
posting for the job for which the student intends to apply or a
statement that the student intends to enroll in another
postsecondary educational institution; and
(3) has made a good faith effort to fulfill the
student's financial obligation to the institution, such as by
entering into a payment plan with the institution.
(e) A transcript or certificate of completion of training
released on request by a student under Subsection (d) must be issued
directly to the employer or postsecondary educational institution
for which the student is requesting the transcript or certificate
of completion of training.
(f) A postsecondary educational institution may charge a
reasonable fee in connection with the release of a transcript or a
certificate of completion of training under this section. The
amount of a fee charged under this subsection must be the same for
each student, except that a postsecondary educational institution
may establish a policy that provides for charging a lower fee for
certain students based on criteria other than whether the student
has fulfilled the student's financial obligation to the
institution.
(g) In this section, "postsecondary educational
institution" includes an "institution of higher education" and a
"private or independent institution of higher education" as those
terms are defined by Section 61.003, and a "career school or
college" as defined by Section 132.001.
SECTION 2. Section 54.057(b), Education Code, is amended to
read as follows:
(b) The person shall pay the applicable amount to the
institution not later than the 30th day after the date the person is
notified of the person's liability for the amount owed. After
receiving the notice and until the amount is paid in full, the
person is not entitled to receive from the institution a
certificate or diploma, if not yet awarded on the date of the
notice, [or official transcript] that is based at least partially
on [or includes] credit for courses taken while the person was
erroneously classified as a resident of this state.
SECTION 3. Section 132.055(b)(6), Education Code, is
amended to read as follows:
(6) On [Except as provided by Section 132.062, on]
completion of training, the student is given a certificate by the
school or college indicating the program and that training was
satisfactorily completed.
SECTION 4. Section 132.062, Education Code, is repealed.
SECTION 5. 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, 2025.