Jones Bill Bars College Applications From Asking About Most Records

The text as introduced · 523 words

90R3046 AND-D

By: Jones of Dallas
H.B. No. 648

A BILL TO BE ENTITLED

AN ACT

relating to inquiries into the criminal and disciplinary history of

an applicant for undergraduate admission to 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 [ In ] addition to

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 [ is not prohibited from requiring ] an applicant to

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 [ is

not prohibited from requiring ] an applicant to submit additional

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. 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 2028 spring

semester.

SECTION 4. This Act takes effect September 1, 2027.