| 1 | 1 | | 85R4389 KJE-D |
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| 2 | 2 | | By: Canales H.B. No. 1096 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring public institutions of higher education to |
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| 8 | 8 | | establish a policy and prevention and outreach program on campus |
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| 9 | 9 | | sexual assault, family violence, and stalking. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 51.9363, Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 51.9363. CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND |
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| 14 | 14 | | STALKING POLICY AND PREVENTION. (a) In this section: |
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| 15 | 15 | | (1) "Coordinating board" means the Texas Higher |
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| 16 | 16 | | Education Coordinating Board. |
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| 17 | 17 | | (2) "Family violence" has the meaning assigned by |
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| 18 | 18 | | Section 71.004, Family Code. |
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| 19 | 19 | | (3) "Institution [, "institution] of higher |
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| 20 | 20 | | education" has the meaning assigned by Section 61.003. |
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| 21 | 21 | | (b) Each institution of higher education shall adopt a |
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| 22 | 22 | | policy on campus sexual assault, family violence, and stalking. The |
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| 23 | 23 | | policy must: |
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| 24 | 24 | | (1) include: |
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| 25 | 25 | | (A) definitions of prohibited behavior; |
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| 26 | 26 | | (B) sanctions for violations; and |
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| 27 | 27 | | (C) the protocol for reporting and responding to |
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| 28 | 28 | | reports of campus sexual assault, family violence, and stalking; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) be approved by the institution's governing board |
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| 31 | 31 | | before final adoption by the institution. |
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| 32 | 32 | | (c) Each institution of higher education shall make the |
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| 33 | 33 | | institution's campus sexual assault, family violence, and stalking |
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| 34 | 34 | | policy available to students, faculty, and staff members by: |
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| 35 | 35 | | (1) including the policy in the institution's student |
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| 36 | 36 | | handbook and personnel handbook; and |
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| 37 | 37 | | (2) creating and maintaining a web page on the |
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| 38 | 38 | | institution's Internet website dedicated solely to the policy. |
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| 39 | 39 | | (d) Each institution of higher education shall require each |
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| 40 | 40 | | entering freshman or undergraduate transfer student to attend an |
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| 41 | 41 | | orientation on the institution's campus sexual assault, family |
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| 42 | 42 | | violence, and stalking policy before or during the first semester |
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| 43 | 43 | | or term in which the student is enrolled at the institution. The |
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| 44 | 44 | | institution shall establish the format and content of the |
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| 45 | 45 | | orientation. The orientation must include the information |
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| 46 | 46 | | described by Subsection (e)(2). |
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| 47 | 47 | | (e) Each institution of higher education shall develop and |
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| 48 | 48 | | implement a comprehensive prevention and outreach program on campus |
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| 49 | 49 | | sexual assault, family violence, and stalking. The program must: |
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| 50 | 50 | | (1) address a range of strategies to prevent campus |
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| 51 | 51 | | sexual assault, family violence, and stalking, including a victim |
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| 52 | 52 | | empowerment program, a public awareness campaign, primary |
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| 53 | 53 | | prevention, bystander intervention, and risk reduction; and |
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| 54 | 54 | | (2) provide to all students enrolled at the |
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| 55 | 55 | | institution and all student organizations recognized by or |
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| 56 | 56 | | registered with the institution information regarding the |
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| 57 | 57 | | institution's campus sexual assault, family violence, and stalking |
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| 58 | 58 | | policy, including what constitutes consent to sexual activity and |
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| 59 | 59 | | the rights and responsibilities of students under the policy. |
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| 60 | 60 | | (f) Each biennium, each institution of higher education |
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| 61 | 61 | | shall review the institution's campus sexual assault, family |
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| 62 | 62 | | violence, and stalking policy and, with approval of the |
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| 63 | 63 | | institution's governing board, revise the policy as necessary. |
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| 64 | 64 | | (g) An institution of higher education may not receive any |
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| 65 | 65 | | state funding for a fiscal year following a year in which the |
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| 66 | 66 | | coordinating board determines that the institution has not |
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| 67 | 67 | | substantially complied with the requirements under this section. |
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| 68 | 68 | | (h) The coordinating board may adopt rules as necessary to |
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| 69 | 69 | | enforce this section. |
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| 70 | 70 | | SECTION 2. Section 51.9363, Education Code, as amended by |
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| 71 | 71 | | this Act, applies beginning with the 2018 spring semester. |
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| 72 | 72 | | SECTION 3. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2017. |
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