85R4389 KJE-D
By: Canales H.B. No. 1096
A BILL TO BE ENTITLED
AN ACT
relating to requiring public institutions of higher education to
establish a policy and prevention and outreach program on campus
sexual assault, family violence, and stalking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.9363, Education Code, is amended to
read as follows:
Sec. 51.9363. CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND
STALKING POLICY AND PREVENTION. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Institution [, "institution] of higher
education" has the meaning assigned by Section 61.003.
(b) Each institution of higher education shall adopt a
policy on campus sexual assault, family violence, and stalking. The
policy must:
(1) include:
(A) definitions of prohibited behavior;
(B) sanctions for violations; and
(C) the protocol for reporting and responding to
reports of campus sexual assault, family violence, and stalking;
and
(2) be approved by the institution's governing board
before final adoption by the institution.
(c) Each institution of higher education shall make the
institution's campus sexual assault, family violence, and stalking
policy available to students, faculty, and staff members by:
(1) including the policy in the institution's student
handbook and personnel handbook; and
(2) creating and maintaining a web page on the
institution's Internet website dedicated solely to the policy.
(d) Each institution of higher education shall require each
entering freshman or undergraduate transfer student to attend an
orientation on the institution's campus sexual assault, family
violence, and stalking policy before or during the first semester
or term in which the student is enrolled at the institution. The
institution shall establish the format and content of the
orientation. The orientation must include the information
described by Subsection (e)(2).
(e) Each institution of higher education shall develop and
implement a comprehensive prevention and outreach program on campus
sexual assault, family violence, and stalking. The program must:
(1) address a range of strategies to prevent campus
sexual assault, family violence, and stalking, including a victim
empowerment program, a public awareness campaign, primary
prevention, bystander intervention, and risk reduction; and
(2) provide to all students enrolled at the
institution and all student organizations recognized by or
registered with the institution information regarding the
institution's campus sexual assault, family violence, and stalking
policy, including what constitutes consent to sexual activity and
the rights and responsibilities of students under the policy.
(f) Each biennium, each institution of higher education
shall review the institution's campus sexual assault, family
violence, and stalking policy and, with approval of the
institution's governing board, revise the policy as necessary.
(g) An institution of higher education may not receive any
state funding for a fiscal year following a year in which the
coordinating board determines that the institution has not
substantially complied with the requirements under this section.
(h) The coordinating board may adopt rules as necessary to
enforce this section.
SECTION 2. Section 51.9363, Education Code, as amended by
this Act, applies beginning with the 2018 spring semester.
SECTION 3. 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, 2017.