HB538 - Relating to student access to certain academic records; authorizing a fee.

      By: Bernal, Bucy H.B. No. 538       A BILL TO BE ENTITLED   AN ACT   relating to student access to certain academic records; authorizing   a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.9715, Education Code, is amended by   adding Subsections (c), (d), (e), (f), and (g) to read as follows:           (c)     Except as provided by Subsections (d) and (e), on   request by a student, a postsecondary educational institution shall   release to the student the student's transcript or the student's   certificate of completion of training issued by the institution   under Chapter 132, as applicable.           (d)     For a postsecondary educational institution to which   the requirements imposed by 34 C.F.R. Sections 668.14(b)(33) and   (34) do not apply, on request by a student who has not fulfilled the   student's financial obligation to the institution, the   postsecondary educational institution must release the student's   transcript or the student's certificate of completion of training   issued by the institution under Chapter 132, as applicable, only if   the student:                 (1)     has not been enrolled in the institution for at   least five years;                 (2)     includes with the student's request a copy of the   posting for the job for which the student intends to apply or a   statement that the student intends to enroll in another   postsecondary educational institution; and                 (3)     has made a good faith effort to fulfill the   student's financial obligation to the institution, such as by   entering into a payment plan with the institution.           (e)     A transcript or certificate of completion of training   released on request by a student under Subsection (d) must be issued   directly to the employer or postsecondary educational institution   for which the student is requesting the transcript or certificate   of completion of training.           (f)     A postsecondary educational institution may charge a   reasonable fee in connection with the release of a transcript or a   certificate of completion of training under this section. The   amount of a fee charged under this subsection must be the same for   each student, except that a postsecondary educational institution   may establish a policy that provides for charging a lower fee for   certain students based on criteria other than whether the student   has fulfilled the student's financial obligation to the   institution.           (g)     In this section, "postsecondary educational   institution" includes an "institution of higher education" and a   "private or independent institution of higher education" as those   terms are defined by Section 61.003, and a "career school or   college" as defined by Section 132.001.          SECTION 2.  Section 54.057(b), Education Code, is amended to   read as follows:          (b)  The person shall pay the applicable amount to the   institution not later than the 30th day after the date the person is   notified of the person's liability for the amount owed.  After   receiving the notice and until the amount is paid in full, the   person is not entitled to receive from the institution a   certificate or diploma, if not yet awarded on the date of the   notice, [ or official transcript ] that is based at least partially   on [ or includes ] credit for courses taken while the person was   erroneously classified as a resident of this state.          SECTION 3.  Section 132.055(b)(6), Education Code, is   amended to read as follows:                (6)   On [ Except as provided by Section 132.062, on ]   completion of training, the student is given a certificate by the   school or college indicating the program and that training was   satisfactorily completed.          SECTION 4.  Section 132.062, Education Code, is repealed.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.