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

89(R) HB 538 - Engrossed version - Bill Text

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.