74R8958 SMH-F
By Gutierrez H.B. No. 2486
Substitute the following for H.B. No. 2486:
By Rangel C.S.H.B. No. 2486
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to review of public institutions of higher education by
1-3 the state postsecondary review entity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 61, Education Code, is amended by adding
1-6 Subchapter Q to read as follows:
1-7 SUBCHAPTER Q. STATE POSTSECONDARY REVIEW PROGRAM
1-8 Sec. 61.791. DEFINITIONS. In this subchapter:
1-9 (1) "Entity" means the state postsecondary review
1-10 entity designated by the governor by agreement with the United
1-11 States Secretary of Education under 20 U.S.C. Chapter 28,
1-12 Subchapter IV, Part G, Subpart 1 (20 U.S.C. Section 1099a et seq.).
1-13 (2) "Program" means the state postsecondary review
1-14 program authorized under 20 U.S.C. Chapter 28, Subchapter IV, Part
1-15 G, Subpart 1 (20 U.S.C. Section 1099a et seq.).
1-16 Sec. 61.792. AGREEMENT. The governor may enter into an
1-17 agreement with the United States Secretary of Education under 20
1-18 U.S.C. Chapter 28, Subchapter IV, Part G, Subpart 1 (20 U.S.C.
1-19 Section 1099a et seq.), to participate in the program. The
1-20 agreement must designate the entity to administer the program.
1-21 Sec. 61.793. NOTICE. As soon as practicable after beginning
1-22 the review, the entity shall notify an institution of higher
1-23 education whose activities are being reviewed under the program
2-1 that the review has begun. The notice shall describe the acts and
2-2 circumstances giving rise to the review in sufficient detail to
2-3 provide the institution with notice of the allegations made.
2-4 Sec. 61.794. CIVIL INVESTIGATIVE DEMAND. (a) An authorized
2-5 employee or agent of the entity may execute in writing and serve on
2-6 an institution of higher education under review a civil
2-7 investigative demand requiring the institution to produce documents
2-8 and records or permit inspection and copying of documents and
2-9 records.
2-10 (b) A civil investigative demand must:
2-11 (1) describe the documents and records to be produced
2-12 or made available with reasonable specificity so as to fairly
2-13 identify the material demanded;
2-14 (2) state the date the documents and records are to be
2-15 produced or made available; and
2-16 (3) identify the employee or agent of the entity to
2-17 whom the documents and records are to be delivered or made
2-18 available.
2-19 (c) The entity may serve a civil investigative demand on an
2-20 institution of higher education's president, chief financial
2-21 officer, or registered agent for service of process.
2-22 (d) Service of a civil investigative demand may be made by:
2-23 (1) personal service of an executed copy of the
2-24 demand; or
2-25 (2) mailing of an executed copy of the demand by
3-1 certified mail.
3-2 (e) An institution of higher education shall produce
3-3 documents or records demanded under this section during normal
3-4 business hours at the institution's normal place of business or at
3-5 the time and place on which the institution and the staff of the
3-6 entity agree.
3-7 (f) If an institution of higher education does not comply
3-8 with a civil investigative demand under this section, the entity
3-9 may file a petition for an order of enforcement in a district court
3-10 in the county in which the institution is located and serve the
3-11 petition on a person designated in Subsection (c). The court may
3-12 enter any order necessary to enforce the demand. Failure to comply
3-13 with a final order entered under this subsection is punishable by
3-14 contempt. A final order entered under this subsection may be
3-15 appealed to the Texas Supreme Court.
3-16 Sec. 61.795. JUDICIAL REVIEW. (a) An institution of higher
3-17 education may appeal a decision rendered by the entity in a
3-18 contested case brought under the program. The court shall
3-19 determine the appeal under the substantial evidence rule.
3-20 (b) Except as provided by Section 61.794, an action brought
3-21 under the program shall be brought in a district court in Travis
3-22 County.
3-23 Sec. 61.796. CONFIDENTIALITY. (a) Investigative
3-24 information obtained by the entity or an employee or agent of the
3-25 entity as a result of the review of an institution of higher
4-1 education, including complaints received, investigation files and
4-2 reports, and documentary material produced under Section 61.794, is
4-3 privileged and confidential. Except as provided by Subsection (c),
4-4 (d), or (e) or as ordered by a court for good cause shown,
4-5 investigative information obtained during the review of an
4-6 institution may not be disclosed to a person other than the entity
4-7 or an authorized employee or agent of the entity.
4-8 (b) The entity may use investigative information obtained
4-9 during a review of an institution in an enforcement action brought
4-10 under the program. Except as provided by the Texas Rules of Civil
4-11 Procedure or the Texas Rules of Civil Evidence, while an action
4-12 against an institution of higher education is pending the entity
4-13 may not be required to produce investigative reports or memoranda,
4-14 attorney-client communications, attorney-work product, or other
4-15 materials protected by a privilege or to disclose the identity of
4-16 nontestifying complainants. On final adjudication of an action
4-17 brought by the entity against an institution of higher education or
4-18 on completion of a review of the institution without any action
4-19 being taken against the institution, the investigative information
4-20 obtained during the review is available as provided by Chapter 552,
4-21 Government Code.
4-22 (c) Investigative information in the possession of the
4-23 entity or an authorized employee or agent of the entity may be
4-24 disclosed to an appropriate law enforcement authority if it relates
4-25 to an investigation of an institution of higher education in
5-1 another state, territory, or country if that institution has a
5-2 branch campus or home office in this state.
5-3 (d) If investigative information in the possession of the
5-4 entity or an authorized employee or agent of the entity indicates
5-5 that a crime may have been committed, the entity shall report the
5-6 information to the appropriate law enforcement agency in accordance
5-7 with law. Confidential information disclosed by the entity to a
5-8 law enforcement agency remains confidential and may not be
5-9 disclosed by the investigating agency except as necessary to
5-10 further the investigation or prosecute a criminal violation.
5-11 (e) If investigative information in the possession of the
5-12 entity or an authorized employee or agent of the entity indicates a
5-13 potential violation of another law for which an institution of
5-14 higher education may be liable, the entity may disclose relevant
5-15 investigative information to the institution's governing board.
5-16 Sec. 61.797. IMMUNITY. A person who, in good faith, assists
5-17 the entity in the performance of the program is immune from suit by
5-18 a private party.
5-19 SECTION 2. This Act takes effect September 1, 1995.
5-20 SECTION 3. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.