Bill Text: TX HB3173 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to inquiries into and the consideration of an applicant's criminal and disciplinary history in making admissions decisions at a public institution of higher education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-15 - Referred to Higher Education [HB3173 Detail]
Download: Texas-2023-HB3173-Introduced.html
88R12066 CXP-F | ||
By: Bucy | H.B. No. 3173 |
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relating to inquiries into and the consideration of an applicant's | ||
criminal and disciplinary history in making admissions decisions at | ||
a public institution of higher education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.762, Education Code, is amended by | ||
amending Subsections (c) and (h) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) Subject to Subsection (c-1) and in [ |
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information required to determine the residency status of the | ||
applicant and information relating to the use of the form at each | ||
institution, the board shall include on each application form | ||
adopted under this section information that the board considers | ||
appropriate. | ||
(c-1) The board may not include on an application form | ||
adopted under this section information regarding an applicant's | ||
criminal history or disciplinary history at a primary or secondary | ||
school or postsecondary educational institution, other than | ||
information regarding the applicant's: | ||
(1) conviction of an offense: | ||
(A) under Section 42.072 (Stalking), Penal Code; | ||
(B) for which the applicant is required to | ||
register as a sex offender under Chapter 62, Code of Criminal | ||
Procedure; or | ||
(C) for which an affirmative finding of family | ||
violence was made under Article 42.013, Code of Criminal Procedure; | ||
(2) conviction occurring not more than 10 years before | ||
the date on which the application is submitted of an offense not | ||
described by Subdivision (1) under: | ||
(A) Section 19.02 (Murder), 19.03 (Capital | ||
Murder), or 19.04 (Manslaughter), Penal Code; | ||
(B) Section 20.03 (Kidnapping) or 20.04 | ||
(Aggravated Kidnapping), Penal Code; or | ||
(C) Section 22.01 (Assault) or 22.02 (Aggravated | ||
Assault), Penal Code; | ||
(3) pending criminal charges; or | ||
(4) disciplinary history at a primary or secondary | ||
school or postsecondary educational institution for stalking, | ||
sexual assault, sexual harassment, or dating violence, as those | ||
terms are defined by Section 51.281. | ||
(h) An applicant may file, and each institution of higher | ||
education shall accept, an application for admission as an entering | ||
freshman or undergraduate transfer student that uses the | ||
appropriate form adopted under this section. The form used to apply | ||
to a general academic teaching institution may be filed in either | ||
electronic or printed format. An institution of higher education | ||
may require [ |
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submit additional information, other than information prohibited | ||
from being included on an application form under Subsection (c-1), | ||
within a reasonable time after the institution has received an | ||
application using a form adopted under this section. | ||
SECTION 2. Section 51.763(c), Education Code, is amended to | ||
read as follows: | ||
(c) A general academic teaching institution may require [ |
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information, other than information prohibited from being included | ||
on an application form under Section 51.762(c-1), within a | ||
reasonable time after the institution has received an application | ||
under this section. | ||
SECTION 3. Section 51.842, Education Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) A graduate or a professional program of a general | ||
academic teaching institution may not inquire into or consider in | ||
making an admissions decision for admission into the graduate or | ||
professional program an applicant's criminal or disciplinary | ||
history at a primary or secondary school or postsecondary | ||
educational institution, except in the manner provided by Section | ||
51.762(c-1). | ||
SECTION 4. (a) Sections 51.762 and 51.763, Education Code, | ||
as amended by this Act, apply beginning with applications for | ||
undergraduate admission to a public institution of higher education | ||
or a general academic teaching institution for the 2024 spring | ||
semester. | ||
(b) Section 51.842, Education Code, as amended by this Act, | ||
applies beginning with applications for admission to a graduate or | ||
professional program offered by a general academic teaching | ||
institution or medical or dental unit for the 2024 spring semester. | ||
SECTION 5. This Act takes effect September 1, 2023. |