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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of information obtained by a |
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compliance office of an institution of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.971, Education Code, is amended by |
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amending Subsections (e) and (f) and adding Subsection (g) to read |
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as follows: |
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(e) Information is excepted from disclosure under Chapter |
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552, Government Code, if it is collected or produced: |
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(1) in a compliance program investigation and |
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releasing the information [the release of which] would interfere |
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with an ongoing compliance investigation; or |
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(2) by a systemwide compliance office for the purpose |
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of reviewing compliance processes at a component institution of |
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higher education of a university system [is excepted from
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disclosure under Chapter 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 the following on |
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request in compliance with applicable law and procedure: |
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(1) a law enforcement agency or prosecutor; |
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(2) a governmental agency responsible for |
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investigating the matter that is the subject of a compliance |
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report, including the Texas Workforce Commission civil rights |
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division or the federal Equal Employment Opportunity Commission; or |
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(3) an officer or employee of an institution of higher |
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education or a compliance officer or employee of a university |
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system administration who is responsible under institutional or |
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system policy for a compliance program investigation or for |
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reviewing a compliance program investigation [for official
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purposes of the agency or prosecutor upon proper request made in
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compliance with applicable law and procedure]. |
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(g) A disclosure under Subsection (f) is not a voluntary |
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disclosure for purposes of Section 552.007, Government Code. |
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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, 2011. |