HB 3452
AN ACT relating to inquiries into the criminal and disciplinary history of
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Limits the criminal and disciplinary history information that can be requested on college application forms for undergraduate admissions. Public institutions of higher education are now restricted from asking about most criminal convictions older than 10 years, and cannot inquire about most prior disciplinary actions, with specific exceptions for serious offenses like murder, sexual offenses, stalking, and certain violent crimes. The new rules will apply to college applications starting in the 2026 spring semester, aiming to provide more opportunities for students with past criminal or disciplinary records to access higher education.
Subject Areas
Bill Text
relating to inquiries into the criminal and disciplinary history of an applicant for undergraduate admission to a public institution of 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 (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 (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: (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 (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 (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 (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 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 2026 spring SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to inquiries into the criminal and disciplinary history of
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