78R3234 JSA-D

By:  Hupp                                                         H.B. No. 1026



A BILL TO BE ENTITLED

AN ACT

relating to regulating the use of social security numbers by 
institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.981 to read as follows:
	Sec. 51.981.  USE OF STUDENT'S SOCIAL SECURITY NUMBER.  (a)  
In this section:
		(1)  "Institution of higher education" means:                          
			(A)  an institution of higher education as defined 
by Section 61.003; or
			(B)  a private or independent institution of 
higher education as defined by Section 61.003.
		(2)  "Coordinating board" means the Texas Higher 
Education Coordinating Board.
	(b)  An institution of higher education may not:                        
		(1)  use a student's social security number, or another 
number that includes consecutively four or more consecutive digits 
of a student's social security number, as the student's primary 
student identification number;
		(2)  print or include in electronic or coded form a 
student's social security number on a student's identification 
card, library card, or other card or document required for a student 
to use or access services, information, or facilities;
		(3)  require a student, former student, or applicant 
for admission to the institution to use or transmit the 
individual's social security number over the telephone or Internet 
to obtain information or access services, unless the connection is 
secure or the number is encrypted in a manner approved by rule of 
the coordinating board;
		(4)  post or display a student or former student's 
social security number, with or without the individual's name, in 
any place or manner accessible to the public or to students or 
personnel of the institution generally; or
		(5)  include the social security number of a student, 
former student, or applicant for admission to the institution in 
any information that is mailed to the student, former student, or 
applicant.
	(c)  This section does not prohibit an institution of higher 
education from:
		(1)  requiring a student or applicant for admission to 
the institution to disclose the individual's social security number 
to the institution in person or in an application;
		(2)  maintaining a confidential record of a student's 
social security number;
		(3)  using social security numbers to comply with state 
or federal law; or
		(4)  disclosing a student's social security number with 
the student's express consent to enable the student to participate 
in a program or activity conducted by another person who requires 
disclosure of the student's social security number.
	(d)  The coordinating board may adopt rules for the 
administration of this section.  The coordinating board by rule may 
permit institutions of higher education to use a student's social 
security number in a manner otherwise prohibited by this section 
that the coordinating board determines is necessary to enable an 
institution to carry out its mission or programs effectively.  In a 
rule adopted under this subsection, the coordinating board shall 
attempt to minimize the risk of disclosure of a student's social 
security number to unauthorized persons.
	(e)  An institution of higher education must be in compliance 
with this section and any rules of the coordinating board adopted 
under this section not later than September 1, 2005.
	(f)  Students of a private or independent institution of 
higher education that does not substantially comply with this 
section as determined by the coordinating board are ineligible for 
tuition equalization grants under Subchapter F, Chapter 61.
	SECTION 2.  This Act takes effect September 1, 2003.