By: Watson S.B. No. 1327
 
  (Howard of Travis)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of information obtained by a
  compliance office of an institution of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.971, Education Code, is amended by
  amending Subsections (e) and (f) and adding Subsection (g) to read
  as follows:
         (e)  Information is excepted from disclosure under Chapter
  552, Government Code, if it is collected or produced:
               (1)  in a compliance program investigation and
  releasing the information [the release of which] would interfere
  with an ongoing compliance investigation; or
               (2)  by a systemwide compliance office for the purpose
  of reviewing compliance processes at a component institution of
  higher education of a university system [is excepted from
  disclosure under Chapter 552, Government Code].
         (f)  Information made confidential or excepted from public
  disclosure by this section may be made available to the following on
  request in compliance with applicable law and procedure:
               (1)  a law enforcement agency or prosecutor;
               (2)  a governmental agency responsible for
  investigating the matter that is the subject of a compliance
  report, including the Texas Workforce Commission civil rights
  division or the federal Equal Employment Opportunity Commission; or
               (3)  an officer or employee of an institution of higher
  education or a compliance officer or employee of a university
  system administration who is responsible under institutional or
  system policy for a compliance program investigation or for
  reviewing a compliance program investigation [for official
  purposes of the agency or prosecutor upon proper request made in
  compliance with applicable law and procedure].
         (g)  A disclosure under Subsection (f) is not a voluntary
  disclosure for purposes of Section 552.007, Government Code.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.