This section limits certain reporting requirements for universities and higher-education institutions, and requires the Texas Higher Education Coordinating Board to review and reduce unnecessary data requests every five years.
Sec. 51.406. EXPIRATION OF CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY SYSTEMS. (a) In this section, "university system" has the meaning assigned by Section 61.003. (b) To the extent that any of the following laws require reporting by a university system or an institution of higher education, a university system or institution of higher education is not required to make the report on or after September 1, 2013, unless legislation enacted by the 83rd Legislature that becomes law expressly requires the institution or system to make the report: (1) Section 7.109; (2) Section 33.083; (3) Section 59.07; (4) Section 130.251; (5) Section 325.007, Government Code; (6) Section 669.003, Government Code; (7) Section 2005.007, Government Code; (8) Section 2054.097, Government Code; (9) Chapter 2114, Government Code; and (10) Section 2205.041, Government Code. (c) A rule or policy of a state agency, including the Texas Higher Education Coordinating Board, in effect on June 1, 2011, that requires reporting by a university system or an institution of higher education has no effect on or after September 1, 2013, unless the rule or policy is affirmatively and formally readopted before that date by formal administrative rule published in the Texas Register and adopted in compliance with Chapter 2001, Government Code. This subsection does not apply to: (1) a rule or policy for which the authorizing statute is listed in Subsection (b); (2) a rule or policy for which the authorizing statute is repealed on or before September 1, 2013, by legislation enacted by the legislature that becomes law; or (3) a report required under any of the following provisions: (A) Article 59.06(g)(1), Code of Criminal Procedure; (B) Section 51.005; (C) Section 51.0051; (D) Subchapter F-1 of this chapter; (E) Section 51.402; (F) Section 56.039; (G) Section 61.059; (H) Section 62.098; (I) Section 411.187(b), Government Code; (J) Subchapter C, Chapter 606, Government Code; (K) Subchapter E, Chapter 815, Government Code; or (L) Chapter 1551, Insurance Code. (d) At least every five years, the Texas Higher Education Coordinating Board shall reevaluate its rules and policies to ensure the continuing need for the data requests the coordinating board imposes on university systems, institutions of higher education, or private or independent institutions of higher education. The coordinating board shall consult with those entities to identify unnecessary data requests and shall eliminate data requests identified as unnecessary from its rules and policies. In this subsection, "private or independent institution of higher education" has the meaning assigned by Section 61.003. (e) This section does not apply to a request for information by the state auditor. Added by Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.03, eff. June 17, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1155 (S.B. 215), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 11, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(13), eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1242 (H.B. 382), Sec. 4, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.06, eff. June 15, 2017. Acts 2023, 88th Leg., R.S., Ch. 1004 (H.B. 1595), Sec. 1, eff. January 1, 2024. SUBCHAPTER I. TEXTBOOKS