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79R9802 KEL-D
By: Vo H.B. No. 2830
A BILL TO BE ENTITLED
AN ACT
relating to regulating the use and disclosure of social security
numbers by school districts and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. USE AND DISCLOSURE OF STUDENT'S SOCIAL
SECURITY NUMBER. (a) A school district may not use the social
security number of a student as the district's primary
identification number for the student and shall, if the district
needs to use a numerical identifier for any group of students,
develop an identification system that is not based on social
security numbers.
(b) A school district may not disclose a student's social
security number unless the district is required by law or a court
order to do so.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.981 to read as follows:
Sec. 51.981. USE AND DISCLOSURE 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 if the institution:
(A) holds the social security number in a secure
storage facility or location; and
(B) provides for limited access to the facility
or location by approved personnel only;
(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, 2009.
SECTION 3. This Act takes effect September 1, 2005.