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A BILL TO BE ENTITLED
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AN ACT
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relating to inquiries into the criminal and disciplinary history of |
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an applicant for undergraduate admission to a public institution 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. Section 51.762, Education Code, is amended by |
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amending Subsections (c) and (h) and adding Subsection (c-1) to |
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read as follows: |
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(c) Subject to Subsection (c-1) and in [In] addition to |
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information required to determine the residency status of the |
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applicant and information relating to the use of the form at each |
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institution, the board shall include on each application form |
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adopted under this section information that the board considers |
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appropriate. |
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(c-1) The board may not include on an application form |
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adopted under this section information regarding an applicant's |
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criminal history or disciplinary history at a primary or secondary |
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school or postsecondary educational institution, other than |
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information regarding the applicant's: |
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(1) conviction of an offense: |
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(A) under Section 42.072 (Stalking), Penal Code; |
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(B) for which the applicant is required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure; or |
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(C) for which an affirmative finding of family |
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violence was made under Article 42.013, Code of Criminal Procedure; |
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(2) conviction occurring not more than 10 years before |
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the date on which the application is submitted of an offense not |
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described by Subdivision (1) under: |
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(A) Section 19.02 (Murder), 19.03 (Capital |
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Murder), or 19.04 (Manslaughter), Penal Code; |
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(B) Section 20.03 (Kidnapping) or 20.04 |
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(Aggravated Kidnapping), Penal Code; or |
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(C) Section 22.01 (Assault) or 22.02 (Aggravated |
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Assault), Penal Code; |
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(3) pending criminal charges; or |
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(4) disciplinary history at a primary or secondary |
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school or postsecondary educational institution for stalking, |
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sexual assault, sexual harassment, or dating violence, as those |
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terms are defined by Section 51.281. |
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(h) An applicant may file, and each institution of higher |
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education shall accept, an application for admission as an entering |
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freshman or undergraduate transfer student that uses the |
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appropriate form adopted under this section. The form used to apply |
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to a general academic teaching institution may be filed in either |
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electronic or printed format. An institution of higher education |
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may require [is not prohibited from requiring] an applicant to |
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submit additional information, other than information prohibited |
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from being included on an application form under Subsection (c-1), |
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within a reasonable time after the institution has received an |
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application using a form adopted under this section. |
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SECTION 2. Section 51.763(c), Education Code, is amended to |
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read as follows: |
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(c) A general academic teaching institution may require [is |
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not prohibited from requiring] an applicant to submit additional |
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information, other than information prohibited from being included |
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on an application form under Section 51.762(c-1), within a |
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reasonable time after the institution has received an application |
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under this section. |
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SECTION 3. Sections 51.762 and 51.763, Education Code, as |
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amended by this Act, apply beginning with applications for |
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undergraduate admission to a public institution of higher education |
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or a general academic teaching institution for the 2024 spring |
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semester. |
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SECTION 4. This Act takes effect September 1, 2023. |