Texas 2017 - 85th Regular

Texas House Bill HB3818 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Howard H.B. No. 3818
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a sexual assault policy at public and private
7	7	institutions of higher education.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 51.9363, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 51.9363. [CAMPUS] SEXUAL ASSAULT POLICY. (a) In this
12	12	section, "postsecondary educational institution" means an
13	13	["]institution of higher education or a private or independent
14	14	institution of higher education, as those terms are defined [" has
15	15	the meaning assigned] by Section 61.003.
16	16	(b) Each postsecondary educational institution [of higher
17	17	education] shall adopt a policy on [campus] sexual assault
18	18	applicable to any person employed by the institution and to each
19	19	student enrolled in the institution. The policy must:
20	20	(1) incorporate an affirmative consent standard for
21	21	determining consent to engage in sexual activity, including by
22	22	reflecting the affirmative consent principles described by
23	23	Subsection (b-1);
24	24	(2) include:
25	25	(A) definitions of prohibited behavior;
26	26	(B) sanctions for violations; and
27	27	(C) the protocol for reporting and responding to
28	28	reports of [campus] sexual assault; and
29	29	(3) [(2)] be approved by the institution's governing
30	30	board before final adoption by the institution.
31	31	(b-1) Each postsecondary educational institution shall
32	32	ensure the institution's sexual assault policy reflects the
33	33	following principles regarding affirmative consent to engage in
34	34	sexual activity:
35	35	(1) affirmative consent requires words or actions that
36	36	clearly demonstrate a knowing and voluntary agreement to engage in
37	37	sexual activity;
38	38	(2) a person's silence or the absence of the words "no"
39	39	or "stop" is not sufficient to establish affirmative consent to
40	40	engage in sexual activity;
41	41	(3) the requirement to obtain affirmative consent to
42	42	engage in sexual activity applies to each student enrolled at the
43	43	institution regardless of whether the sexual activity occurs on or
44	44	off campus;
45	45	(4) each participant is responsible for obtaining
46	46	affirmative consent and ensuring that the affirmative consent
47	47	continues throughout the duration of the sexual activity;
48	48	(5) affirmative consent to engage in a sexual act or
49	49	prior consensual sexual activity with any person does not
50	50	constitute affirmative consent to engage in any other sexual act;
51	51	(6) affirmative consent may be withdrawn at any time;
52	52	(7) a person cannot affirmatively consent to engage in
53	53	sexual activity if it is the result of any coercion, intimidation,
54	54	force or threat of harm;
55	55	(8) a person cannot affirmatively consent to engage in
56	56	sexual activity when the person is incapacitated or otherwise lacks
57	57	the ability to knowingly choose to engage in the activity,
58	58	regardless of whether the person is incapacitated due to any
59	59	physical or mental condition, lack of consciousness, being asleep,
60	60	being involuntarily restrained, being under the influence of drugs
61	61	or alcohol to the level of incapacitation, or for any other reason;
62	62	and
63	63	(9) an accused person will not be excused for
64	64	believing the complainant affirmatively consented to engage in
65	65	sexual activity if:
66	66	(A) the accused person knew or reasonably should
67	67	have known that the complainant was incapacitated as described by
68	68	Subdivision (7); or
69	69	(B) the accused believed that the complainant
70	70	affirmatively consented to engage in the sexual activity and the
71	71	belief is based upon:
72	72	(i) the accused's intoxication; or
73	73	(ii) the accused failing to take reasonable
74	74	steps to ascertain whether the complainant affirmatively consented
75	75	to engage in the sexual activity.
76	76	(c) Each postsecondary educational institution [of higher
77	77	education] shall make the institution's [campus] sexual assault
78	78	policy available to students, faculty, and staff members by:
79	79	(1) including the policy in the institution's student
80	80	handbook and personnel handbook; [and]
81	81	(2) creating and maintaining a web page on the
82	82	institution's Internet website dedicated solely to the
83	83	policy[.];and
84	84	(3) develop and implement a public awareness campaign
85	85	informing students, staff, and faculty of the affirmative consent
86	86	standard implemented by the institution, including that the
87	87	affirmative consent standard shall be applied in alleged violations
88	88	of the sexual assault policy of the institution.
89	89	(d) Each postsecondary educational institution [of higher
90	90	education] shall require each entering freshman or undergraduate
91	91	transfer student to attend an orientation on the institution's
92	92	[campus] sexual assault policy before or during the first semester
93	93	or term in which the student is enrolled at the institution. The
94	94	institution shall establish the format and content of the
95	95	orientation.
96	96	(e) Each biennium, each postsecondary educational
97	97	institution [of higher education] shall review the institution's
98	98	[campus] sexual assault policy and, with approval of the
99	99	institution's governing board, revise the policy as necessary.
100	100	SECTION 2. Section 51.9363, Education Code, as amended by
101	101	this Act, applies beginning with the 2017 fall semester.
102	102	SECTION 3. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2017.