2017S0064-3 01/23/17
By: Huffman S.B. No. 576
A BILL TO BE ENTITLED
AN ACT
relating to a reporting requirement for certain incidents of sexual
harassment, sexual assault, family violence, or stalking at public
institutions of higher education; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Education Code, is amended by adding
Subchapter E-3 to read as follows:
SUBCHAPTER E-3. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL
ASSAULT, FAMILY VIOLENCE, AND STALKING
Sec. 51.281. DEFINITIONS. In this subchapter:
(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 of higher education" has the meaning
assigned by Section 61.003.
Sec. 51.282. REPORTING REQUIRED FOR CERTAIN INCIDENTS.
(a) An employee of an institution of higher education or the
highest ranking member of a student organization recognized by or
registered with an institution of higher education who becomes
aware of an incident of sexual harassment, sexual assault, family
violence, or stalking alleged to have been committed by or against a
student enrolled at or an employee of the institution shall report
the incident to the institution's chief executive officer not later
than the 48th hour after the employee or member becomes aware of the
incident.
(b) The report must include, if known, the name and address
of each alleged victim and any other pertinent information
concerning the incident.
(c) Subsection (b) does not apply if the person became aware
of an incident described by Subsection (a) through a communication
that, at the time of the communication, was privileged and the
alleged victim wishes to exercise the privilege.
(d) A person required to make a report under this section
may not delegate the person's duty to report to another person or
rely on another person to make the report.
Sec. 51.283. IMMUNITIES. A person acting in good faith who
reports or assists in the investigation of a report of an incident
described by Section 51.282(a) or who testifies or otherwise
participates in a judicial proceeding arising from a report of an
incident described by Section 51.282(a) is immune from civil or
criminal liability that might otherwise be incurred or imposed.
Sec. 51.284. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.
(a) A person commits an offense if the person:
(1) is required to make a report under Section 51.282
and knowingly fails to make the report; or
(2) with the intent to deceive, knowingly makes a
report under Section 51.282 that is false.
(b) An offense under Subsection (a)(1) is a Class B
misdemeanor, except that the offense is a Class A misdemeanor if it
is shown on the trial of the offense that the actor intended to
conceal the incident that the actor was required to report under
Section 51.282.
(c) An offense under Subsection (a)(2) is a state jail
felony, except that the offense is a felony of the third degree if
it is shown on the trial of the offense that the actor has been
previously convicted of an offense under that subdivision.
Sec. 51.285. CONFIDENTIALITY AND DISCLOSURE. (a) Except
as provided by Subsection (b), unless waived in writing by the
person making the report, the identity of a person who makes a
report under Section 51.282 is confidential and may be disclosed
only to a law enforcement officer for the purpose of conducting a
criminal investigation of the report.
(b) A court may order the disclosure of the identity of a
person who makes a report under Section 51.282 if:
(1) a motion has been filed with the court requesting
the release of the information;
(2) a notice of a hearing has been served on the
investigating law enforcement agency and all other interested
parties; and
(3) after a hearing and an in camera review of the
requested information, the court determines that the disclosure of
the requested information is:
(A) essential to the administration of justice;
and
(B) not likely to endanger the life or safety of:
(i) a person who is alleged to be a victim
of the reported offense; or
(ii) the person who made the report.
Sec. 51.286. EMPLOYER RETALIATION PROHIBITED. (a) An
institution of higher education may not suspend or terminate the
employment of, or otherwise discriminate against, an employee who
in good faith:
(1) makes a report as required by Section 51.282; or
(2) initiates or cooperates with an investigation or
proceeding by a law enforcement agency relating to a report made by
the employee as required by Section 51.282.
(b) Subsection (a) does not apply to an employee who reports
an incident described by Section 51.282(a) perpetrated by the
employee or who initiates or cooperates with an investigation or
proceeding by a law enforcement agency relating to an allegation
that the employee perpetrated an incident described by Section
51.282(a).
Sec. 51.287. TRAINING ON RECEIVING REPORTS OF CERTAIN
INCIDENTS. (a) The coordinating board shall develop and implement
a training program for chief executive officers of institutions of
higher education on receiving reports of incidents under Section
51.282(a). The training program must include information on the
proper methods for receiving and screening reports of those
incidents.
(b) The coordinating board by rule shall prescribe the
intervals at which each chief executive officer of an institution
of higher education must complete the training program described by
Subsection (a).
Sec. 51.288. BIANNUAL REPORT. At least twice each year, the
chief executive officer of an institution of higher education shall
submit to the institution's governing body a report on any
incidents of sexual harassment, sexual assault, family violence, or
stalking reported to the officer during the preceding academic
year.
Sec. 51.289. RULES. The coordinating board shall adopt
rules as necessary to implement this subchapter, including rules
that ensure implementation of this subchapter in a manner that
complies with:
(1) federal law regarding confidentiality of student
educational information, including the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(2) Title IX of the Education Amendments of 1972 (20
U.S.C. Section 1681 et seq.); and
(3) any federal or state law regarding the privacy of
victims of sexual harassment, sexual assault, family violence, or
stalking.
SECTION 2. This Act applies beginning with the 2018-2019
academic year.
SECTION 3. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2017.
(b) Section 51.284, Education Code, as added by this Act,
takes effect September 1, 2018.