87R3395 CXP-D     By: Johnson S.B. No. 1221       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 2022 spring   semester.          SECTION 4.  This Act takes effect September 1, 2021.