BILL ANALYSIS

S.B. 336

By: Zaffirini

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, public institutions of higher education are required to maintain the anonymity of employees who make compliance reports or participate in compliance investigations. This protection, however, does not extend to agents or contractors acting on the institution's behalf. S.B. 336 seeks to ensure that the identity of all persons acting on behalf of such an institution are kept confidential as part of the institution's compliance program, which would encourage more reporting of compliance issues.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 336 amends the Education Code to expand the scope of what constitutes a "compliance program" at a public institution of higher education by including assessing and ensuring compliance by the agents, contractors, subcontractors, or other persons acting on behalf of such an institution of higher education, in addition to the institution's officers and employees as under current law, and thus extending to these additional persons the confidentiality protections currently provided for information collected or produced for certain compliance program purposes.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.