| 1 | 1 | | 85R10536 KJE-D |
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| 2 | 2 | | By: Leach H.B. No. 2230 |
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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 certain public and private institutions of |
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| 8 | 8 | | higher education to provide amnesty to students who report |
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| 9 | 9 | | incidents of sexual assault. |
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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. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.9366 to read as follows: |
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| 13 | 13 | | Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF |
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| 14 | 14 | | SEXUAL ASSAULT. (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) "Postsecondary educational institution" means an |
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| 18 | 18 | | institution of higher education or a private or independent |
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| 19 | 19 | | institution of higher education, as those terms are defined by |
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| 20 | 20 | | Section 61.003. |
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| 21 | 21 | | (b) A postsecondary educational institution may not take |
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| 22 | 22 | | any disciplinary action against a student enrolled at the |
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| 23 | 23 | | institution for a violation by the student of the institution's |
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| 24 | 24 | | policies on student conduct if the student reports to the |
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| 25 | 25 | | institution being the victim of, or a witness to, an incident of |
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| 26 | 26 | | sexual assault and the violation of the institution's policies is |
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| 27 | 27 | | in relation to the incident. This subsection applies regardless of |
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| 28 | 28 | | the location at which the incident occurred or the outcome of the |
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| 29 | 29 | | institution's disciplinary process or a criminal proceeding |
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| 30 | 30 | | regarding the incident, if any. |
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| 31 | 31 | | (c) This section may not be construed to limit a |
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| 32 | 32 | | postsecondary educational institution's ability to provide amnesty |
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| 33 | 33 | | from application of the institution's policies in circumstances not |
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| 34 | 34 | | described by Subsection (b). |
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| 35 | 35 | | (d) The coordinating board may adopt rules as necessary to |
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| 36 | 36 | | implement and enforce this section. |
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| 37 | 37 | | SECTION 2. Section 51.9366, Education Code, as added by |
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| 38 | 38 | | this Act, applies beginning with the 2017-2018 academic year. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2017. |
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