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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain records containing |
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applicant or student information that are held by the Texas Higher |
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Education Coordinating Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 61.031, Education Code, |
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is amended to read as follows: |
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Sec. 61.031. PUBLIC [INTEREST] INFORMATION AND COMPLAINTS. |
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SECTION 2. Section 61.031, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of law, information |
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that relates to a current, former, or prospective applicant or |
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student of an educational institution and that is obtained, |
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received, or held by the board for the purpose of providing |
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assistance with access to postsecondary education shall be |
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considered confidential and excepted from disclosure under Chapter |
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552, Government Code, and may only be released in conformity with |
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the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). The board may withhold information prohibited from |
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being disclosed under this subsection without requesting a decision |
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from the attorney general under Subchapter G, Chapter 552, |
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Government Code. |
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SECTION 3. 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, 2023. |