By: Barrientos S.B. No. 1228
A BILL TO BE ENTITLED
AN ACT
1-1 relating to review of public institutions of higher education by
1-2 the state postsecondary review entity.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Education Code, is amended by adding
1-5 Subchapter Q to read as follows:
1-6 SUBCHAPTER Q. STATE POSTSECONDARY REVIEW PROGRAM
1-7 Sec. 61.791. DEFINITIONS. In this subchapter:
1-8 (1) "Entity" means the state postsecondary review
1-9 entity designated by the governor by agreement with the United
1-10 States Secretary of Education under 20 U.S.C. Chapter 28,
1-11 Subchapter IV, Part G, Subpart 1 (20 U.S.C. Section 1099a et seq.).
1-12 (2) "Program" means the state postsecondary review
1-13 program authorized under 20 U.S.C. Chapter 28, Subchapter IV, Part
1-14 G, Subpart 1 (20 U.S.C. Section 1099a et seq.).
1-15 Sec. 61.792. AGREEMENT. The governor may enter into an
1-16 agreement with the United States Secretary of Education under 20
1-17 U.S.C. Chapter 28, Subchapter IV, Part G, Subpart 1 (20 U.S.C.
1-18 Section 1099a et seq.), to participate in the program. The
1-19 agreement must designate the entity to administer the program.
1-20 Sec. 61.793. NOTICE. As soon as practicable after beginning
1-21 the review, the entity shall notify an institution of higher
1-22 education whose activities are being reviewed under the program
1-23 that the review has begun. The notice shall describe the acts and
2-1 circumstances giving rise to the review in sufficient detail to
2-2 provide the institution with notice of the allegations made.
2-3 Sec. 61.794. CIVIL INVESTIGATIVE DEMAND. (a) An authorized
2-4 employee or agent of the entity may execute in writing and serve on
2-5 an institution of higher education under review a civil
2-6 investigative demand requiring the institution to produce documents
2-7 and records or permit inspection and copying of documents and
2-8 records.
2-9 (b) A civil investigative demand must:
2-10 (1) describe the documents and records to be produced
2-11 or made available with reasonable specificity so as to fairly
2-12 identify the material demanded;
2-13 (2) state the date the documents and records are to be
2-14 produced or made available; and
2-15 (3) identify the employee or agent of the entity to
2-16 whom the documents and records are to be delivered or made
2-17 available.
2-18 (c) The entity may serve a civil investigative demand on an
2-19 institution of higher education's president, chief financial
2-20 officer, or registered agent for service of process.
2-21 (d) Service of a civil investigative demand may be made by:
2-22 (1) personal service of an executed copy of the
2-23 demand; or
2-24 (2) mailing of an executed copy of the demand by
2-25 certified mail.
3-1 (e) An institution of higher education shall produce
3-2 documents or records demanded under this section during normal
3-3 business hours at the institution's normal place of business or at
3-4 the time and place on which the institution and the staff of the
3-5 entity agree.
3-6 (f) If an institution of higher education does not comply
3-7 with a civil investigative demand under this section, the entity
3-8 may file a petition for an order of enforcement in a district court
3-9 in the county in which the institution is located and serve the
3-10 petition on a person designated in Subsection (c). The court may
3-11 enter any order necessary to enforce the demand. Failure to comply
3-12 with a final order entered under this subsection is punishable by
3-13 contempt. A final order entered under this subsection may be
3-14 appealed to the Supreme Court of Texas.
3-15 Sec. 61.795. JUDICIAL REVIEW. (a) An institution of higher
3-16 education may appeal a decision rendered by the entity in a
3-17 contested case brought under the program. The court shall
3-18 determine the appeal under the substantial evidence rule.
3-19 (b) Except as provided by Section 61.794, an action brought
3-20 under the program shall be brought in a district court in Travis
3-21 County.
3-22 Sec. 61.796. CONFIDENTIALITY. (a) Investigative
3-23 information obtained by the entity or an employee or agent of the
3-24 entity as a result of the review of an institution of higher
3-25 education, including complaints received, investigation files and
4-1 reports, and documentary material produced under Section 61.794, is
4-2 privileged and confidential. Except as provided by Subsection (c),
4-3 (d), or (e) or as ordered by a court for good cause shown,
4-4 investigative information obtained during the review of an
4-5 institution may not be disclosed to a person other than the entity
4-6 or an authorized employee or agent of the entity.
4-7 (b) The entity may use investigative information obtained
4-8 during a review of an institution in an enforcement action brought
4-9 under the program. Except as provided by the Texas Rules of Civil
4-10 Procedure or the Texas Rules of Civil Evidence, while an action
4-11 against an institution of higher education is pending the entity
4-12 may not be required to produce investigative reports or memoranda,
4-13 attorney-client communications, attorney-work product, or other
4-14 materials protected by a privilege or to disclose the identity of
4-15 nontestifying complainants. On final adjudication of an action
4-16 brought by the entity against an institution of higher education or
4-17 on completion of a review of the institution without any action
4-18 being taken against the institution, the investigative information
4-19 obtained during the review is available as provided by the open
4-20 records law, Chapter 552, Government Code.
4-21 (c) Investigative information in the possession of the
4-22 entity or an authorized employee or agent of the entity may be
4-23 disclosed to an appropriate law enforcement authority if it relates
4-24 to an investigation of an institution of higher education in
4-25 another state, territory, or country if that institution has a
5-1 branch campus or home office in this state.
5-2 (d) If investigative information in the possession of the
5-3 entity or an authorized employee or agent of the entity indicates
5-4 that a crime may have been committed, the entity shall report the
5-5 information to the appropriate law enforcement agency in accordance
5-6 with law. Confidential information disclosed by the entity to a
5-7 law enforcement agency remains confidential and may not be
5-8 disclosed by the investigating agency except as necessary to
5-9 further the investigation or prosecute a criminal violation.
5-10 (e) If investigative information in the possession of the
5-11 entity or an authorized employee or agent of the entity indicates a
5-12 potential violation of another law for which an institution of
5-13 higher education may be liable, the entity may disclose relevant
5-14 investigative information to the institution's governing board.
5-15 Sec. 61.797. IMMUNITY. A person who, in good faith, assists
5-16 the entity in the performance of the program is immune from suit by
5-17 a private party.
5-18 SECTION 2. This Act takes effect September 1, 1995.
5-19 SECTION 3. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.