82R7053 KJM-D
By: Castro H.B. No. 1845
A BILL TO BE ENTITLED
AN ACT
relating to counseling in response to alcoholic beverage violations
by students at public and private institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9365 to read as follows:
Sec. 51.9365. COUNSELING CONCERNING ALCOHOLIC BEVERAGE
VIOLATIONS. (a) In this section, "general academic teaching
institution," "private or independent institution of higher
education," and "public junior college" have the meanings assigned
by Section 61.003.
(b) A general academic teaching institution or private or
independent institution of higher education shall require any
student enrolled at the institution, regardless of the student's
age, who violates a state or federal law, local ordinance, or
institutional rule or policy by selling, giving, or delivering to
another person or possessing, using, or being under the influence
of an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, to meet for counseling as provided by Subsection
(c).
(c) The counseling required by Subsection (b) must:
(1) be provided at least twice, within a reasonable
period after the general academic teaching institution or private
or independent institution of higher education has notice of a
violation described by Subsection (b);
(2) be provided by a counselor employed by the
institution or, if the institution does not otherwise provide
student counseling services, by another qualified employee of the
institution; and
(3) include a discussion of:
(A) the student's behavioral patterns associated
with the violation; and
(B) techniques for monitoring and controlling
any personal use of alcoholic beverages.
(d) The dean of students of a general academic teaching
institution or private or independent institution of higher
education or other appropriate official designated by the chief
executive officer of the institution shall coordinate counseling
required by Subsection (b).
(e) A public junior college may comply with this section.
SECTION 2. Section 51.9361(g), Education Code, is amended
to read as follows:
(g) A program under this section may address any issue
determined appropriate by the postsecondary educational
institution and must address:
(1) possession and use of alcoholic beverages and
illegal drugs, including:
(A) penalties that may be imposed for possession
or use; and
(B) counseling under Section 51.9365, as
implemented by the institution;
(2) hazing;
(3) sexual abuse and harassment;
(4) fire and other safety issues, including the
possession and use of a firearm or other weapon or of an explosive
device;
(5) travel to a destination outside the area in which
the institution is located;
(6) behavior at parties and other events held by a
student organization; and
(7) adoption by a student organization of a risk
management policy.
SECTION 3. Section 51.9361(g), Education Code, as amended
by this Act, and Section 51.9365, Education Code, as added by this
Act, apply beginning with the 2011 fall semester.
SECTION 4. 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, 2011.