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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.