Texas 2013 - 83rd Regular

Texas House Bill HB1229 Compare Versions

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1	1	83R19664 KEL-D
2	2	By: Dukes H.B. No. 1229
3	3	Substitute the following for H.B. No. 1229:
4	4	By: Branch C.S.H.B. No. 1229
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of a statewide task force to address
10	10	sexual assault occurring on the campuses of public and private
11	11	institutions of higher education.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 51, Education Code, is amended by adding
14	14	Subchapter Y-1 to read as follows:
15	15	SUBCHAPTER Y-1. TASK FORCE ON CAMPUS SEXUAL ASSAULT
16	16	Sec. 51.881. DEFINITIONS. In this subchapter:
17	17	(1) "Institution of higher education" and "private or
18	18	independent institution of higher education" have the meanings
19	19	assigned those terms by Section 61.003.
20	20	(2) "Task force" means the statewide task force
21	21	established under this subchapter to address sexual assault
22	22	occurring on the campuses of public and private institutions of
23	23	higher education.
24	24	Sec. 51.882. TASK FORCE MEMBERSHIP. (a) The task force
25	25	consists of:
26	26	(1) two members appointed by the governor as follows:
27	27	(A) one member from the office of the governor;
28	28	and
29	29	(B) one member from the Crime Victims' Institute
30	30	at Sam Houston State University;
31	31	(2) eight members evenly selected from positions held
32	32	at institutions of higher education and private or independent
33	33	institutions of higher education and appointed by the presiding
34	34	officer of the task force as follows:
35	35	(A) one member from an office of student affairs;
36	36	(B) one member who is a Title IX coordinator;
37	37	(C) one member from an athletics department;
38	38	(D) one member who provides services to students
39	39	as a counselor or therapist;
40	40	(E) one member who is the director of a campus
41	41	health center;
42	42	(F) one member who is the director of a women's
43	43	center;
44	44	(G) one member from a campus police department;
45	45	and
46	46	(H) one member from a department having authority
47	47	over student resident life;
48	48	(3) one member from the general counsel's office of an
49	49	institution of higher education and one member from the general
50	50	counsel's office of a private or independent institution of higher
51	51	education, each appointed by the presiding officer of the task
52	52	force;
53	53	(4) eight members having a specialized interest in
54	54	issues related to sexual assault, appointed by the presiding
55	55	officer of the task force as follows:
56	56	(A) one member who is the survivor of a sexual
57	57	assault committed on the campus of an institution of higher
58	58	education or a private or independent institution of higher
59	59	education;
60	60	(B) one member from a rape crisis center who has a
61	61	background in issues relating to family violence, as defined by
62	62	Section 71.004, Family Code;
63	63	(C) one member who is a counselor or therapist at
64	64	a rape crisis center;
65	65	(D) one member who is a victim advocate at a rape
66	66	crisis center;
67	67	(E) one member who is the executive director of a
68	68	rape crisis center;
69	69	(F) one member who is an attorney representing
70	70	the state in the prosecution of sexual assaults and other similar
71	71	offenses;
72	72	(G) one member who is a sexual assault nurse
73	73	examiner; and
74	74	(H) one member from a statewide sexual assault
75	75	advocacy coalition; and
76	76	(5) any other member whom the presiding officer
77	77	determines to be appropriate and who consents to serve on the task
78	78	force, including a person who works for a federal agency such as the
79	79	United States Department of Education.
80	80	(b) Initial appointments to the task force must be made not
81	81	later than January 1, 2014.
82	82	(c) The presiding officer of the task force is the member
83	83	who represents the Crime Victims' Institute at Sam Houston State
84	84	University.
85	85	(d) Before appointing members of the task force under
86	86	Subsection (a)(2), (3), (4), or (5), the presiding officer shall
87	87	solicit and obtain from appropriate institutions and organizations
88	88	the names of recommended persons who are available and willing to
89	89	serve on the task force.
90	90	(e) A vacancy on the task force shall be filled in the same
91	91	manner as the original appointment.
92	92	Sec. 51.883. MEETINGS; EXPENSES. (a) The task force shall
93	93	meet at the call of the presiding officer.
94	94	(b) A member of the task force is not entitled to
95	95	compensation for service on the task force but, from money
96	96	available to the comptroller to pay miscellaneous claims, is
97	97	entitled to reimbursement for travel expenses as provided by
98	98	Chapter 660, Government Code, and the General Appropriations Act.
99	99	Sec. 51.884. GENERAL DUTIES OF TASK FORCE. The task force
100	100	shall:
101	101	(1) review federal laws regarding campus sexual
102	102	assault, including, as applicable:
103	103	(A) the Family Educational Rights and Privacy Act
104	104	of 1974 (20 U.S.C. Section 1232g);
105	105	(B) Title IX of the Education Amendments of 1972
106	106	(20 U.S.C. Section 1681 et seq.); and
107	107	(C) the Jeanne Clery Disclosure of Campus
108	108	Security Policy and Campus Crime Statistics Act (20 U.S.C. Section
109	109	1092(f));
110	110	(2) solicit and receive reports and testimony from
111	111	campus sexual assault survivors or from advocates who provide
112	112	support services to campus sexual assault survivors;
113	113	(3) analyze appropriate reports, literature, and
114	114	statistics regarding the prevalence and incidence of sexual
115	115	violence on the campuses of institutions of higher education and
116	116	private or independent institutions of higher education,
117	117	including:
118	118	(A) the United States Department of Justice's
119	119	report "The Sexual Victimization of College Women"; and
120	120	(B) the United States Department of Justice's
121	121	report "Sexual Assault on Campus: What Colleges and Universities
122	122	Are Doing About It"; and
123	123	(4) develop policy guidelines for institutions of
124	124	higher education and private or independent institutions of higher
125	125	education with respect to campus sexual assault, including:
126	126	(A) recommended definitions of prohibited
127	127	behavior and sanctions for violations;
128	128	(B) a recommended model protocol for responding
129	129	to reports of campus sexual assault; and
130	130	(C) recommended coordinated victim support
131	131	services using campus-based or community-based resources.
132	132	Sec. 51.885. REPORT. Not later than December 1 of each
133	133	even-numbered year, the task force shall prepare and submit to the
134	134	governor, the lieutenant governor, and the speaker of the house of
135	135	representatives a report that includes:
136	136	(1) a description of the activities of the task force;
137	137	(2) the findings of the task force on the current state
138	138	of sexual violence on higher education campuses, to be based on:
139	139	(A) statistics reviewed by the task force
140	140	regarding sexual violence;
141	141	(B) testimony provided by campus sexual assault
142	142	survivors or by advocates who provide support services to campus
143	143	sexual assault survivors; and
144	144	(C) thorough discussion by the task force;
145	145	(3) recommendations on best practices for higher
146	146	education policies and protocols for responding to reports of
147	147	sexual assault and providing coordinated victim support services to
148	148	sexual assault survivors; and
149	149	(4) any other matter that the task force considers
150	150	appropriate.
151	151	Sec. 51.886. COOPERATION WITH STATE AGENCIES. The task
152	152	force may cooperate as necessary with any appropriate agency of
153	153	this state, including institutions of higher education.
154	154	Sec. 51.887. EXPIRATION DATE. The task force is abolished
155	155	and this subchapter expires on January 1, 2019.
156	156	SECTION 2. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2013.