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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of certain criminal conduct by a student or |
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employee of a public or private institution of higher education in |
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this state; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.956 to read as follows: |
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Sec. 51.956. NOTICE OF CERTAIN CRIMINAL CONDUCT. (a) This |
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section applies only to criminal conduct that: |
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(1) is committed or alleged to have been committed by a |
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student or employee of a public or private institution of higher |
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education in this state; and |
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(2) poses or could have posed a threat to the security |
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of the institution, of any political subdivision in which the |
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institution is located, or of this state or nation. |
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(b) For purposes of this section, criminal conduct poses or |
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could have posed a threat to the security of a public or private |
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institution of higher education, of a political subdivision of this |
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state, or of this state or nation if the applicable conduct contains |
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elements of any of the following: |
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(1) theft of sensitive or protected intellectual |
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capital; |
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(2) unauthorized access to sensitive or protected |
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information such as intellectual capital, including a breach of |
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computer security for purposes of gaining access to that |
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information; or |
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(3) espionage conducted on behalf of a foreign |
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government. |
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(c) An administrator or department head of a public or |
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private institution of higher education who learns of a conviction, |
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indictment or other formal criminal charge, or incident of evasion |
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or abscondment occurring with respect to criminal conduct to which |
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this section applies shall promptly report that information to the |
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office of the president of the institution. The president shall |
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promptly report that information to the secretary and presiding |
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officer of the governing board of the institution. |
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(d) Not later than the 30th day after the date the president |
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of a public or private institution of higher education is notified |
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or otherwise learns of information described by Subsection (c), the |
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president shall provide written notice regarding that information |
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to the governor, the lieutenant governor, the speaker of the house |
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of representatives, and the presiding officer of each standing |
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committee of the legislature with primary jurisdiction over higher |
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education matters. Subject to Subsection (e), the written notice |
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must contain any details about the information that are known by the |
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president at the time of the notice, including, if known: |
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(1) the degree of access of the specified individual |
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to sensitive or protected intellectual capital or to other |
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sensitive or protected information; |
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(2) any link or affiliation of the individual to or |
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with a foreign government or an organization affiliated with a |
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foreign government; and |
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(3) a description of the nature and seriousness of the |
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applicable conduct. |
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(e) The information required under Subsection (d) may be |
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limited or redacted at the request of an appropriate investigative, |
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prosecutorial, or judicial entity if that entity determines that |
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the disclosure of that information would impair any pending |
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judicial proceeding, including an appellate proceeding. The name |
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of a suspected individual who has not yet been convicted or charged |
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must be redacted for purposes of any notice provided under this |
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section. |
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(f) The notice is confidential and not subject to disclosure |
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under Chapter 552, Government Code. |
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(g) A public or private institution of higher education |
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whose president fails to timely provide the written notice as |
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required by Subsection (d) is liable to the state for a civil |
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penalty in an amount not to exceed $20,000 for each violation. The |
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attorney general may investigate any alleged violation of this |
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section and may sue to collect the civil penalty described by this |
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subsection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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