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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct of compliance programs by institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.971 to read as follows: |
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Sec. 51.971. COMPLIANCE PROGRAM. (a) In this section: |
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(1) "Compliance program" means a process to assess and |
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ensure compliance by the officers and employees of an institution |
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of higher education with applicable laws, rules, regulations, and |
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policies, including matters of: |
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(A) ethics and standards of conduct; |
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(B) financial reporting; |
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(C) internal accounting controls; or |
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(D) auditing. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) An institution of higher education that maintains a |
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compliance program may establish procedures, such as a telephone |
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hotline, to permit private access to the compliance program office |
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and to preserve the confidentiality of communications and the |
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anonymity of a person making a compliance report or participating |
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in a compliance investigation. |
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(c) The following are confidential: |
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(1) information that directly or indirectly reveals |
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the identity of an individual who made a report to the compliance |
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program office of an institution of higher education, sought |
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guidance from the office, or participated in an investigation |
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conducted under the compliance program; and |
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(2) information that directly or indirectly reveals |
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the identity of an individual as a person who is alleged to have or |
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may have planned, initiated, or participated in activities that are |
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the subject of a report made to the compliance program office of an |
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institution of higher education if, after completing an |
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investigation, the office determines the report to be |
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unsubstantiated or without merit. |
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(d) Subsection (c) does not apply to information related to |
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an individual who consents to disclosure of the information. |
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(e) Information produced in a compliance program |
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investigation the release of which would interfere with an ongoing |
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compliance investigation is excepted from disclosure under Chapter |
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552, Government Code. |
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(f) Information made confidential or excepted from public |
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disclosure by this section may be made available to a law |
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enforcement agency or prosecutor for official purposes of the |
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agency or prosecutor upon proper request made in compliance with |
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applicable law and procedure. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |