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AN ACT
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relating to the confidentiality of certain identifying information |
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regarding students of career schools or colleges and other |
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educational entities; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 132, Education Code, is |
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amended by adding Section 132.024 to read as follows: |
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Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY. (a) |
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In this section: |
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(1) "Student" means any prospective, current, or |
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former student of: |
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(A) a career school or college; or |
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(B) any other school, educational institution, |
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or business entity from which the commission receives, or regarding |
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which the commission reviews, information through its |
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administration or enforcement of this chapter. |
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(2) "Student information" means identifying |
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information in the commission's possession regarding a student. |
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The term includes: |
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(A) a student's name, address, telephone number, |
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social security number, e-mail address, or date of birth; |
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(B) any other identifying number or other |
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information that foreseeably could be combined with other publicly |
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available information to reveal identifying information regarding |
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the student; and |
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(C) a student's education records, as defined by |
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34 C.F.R. Section 99.3. |
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(b) Student information is not public information for |
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purposes of Chapter 552, Government Code. |
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(c) Unless permitted by Subchapter F, Chapter 301, Labor |
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Code, or commission rule, a person commits an offense if the person |
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solicits, discloses, receives, or uses, or authorizes, permits, |
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participates in, or acquiesces in another person's use of, student |
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information. |
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(d) An offense under Subsection (c) is a Class A |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2538 was passed by the House on April |
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21, 2011, by the following vote: Yeas 146, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2538 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |