Texas 2017 - 85th Regular

Texas Senate Bill SB576 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Huffman, Watson S.B. No. 576
2		-	(In the Senate - Filed January 23, 2017; February 8, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	March 29, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 0; March 29, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 576 By: Huffman
	1	+	By: Huffman, et al. S.B. No. 576
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to a reporting requirement for certain incidents of sexual
14	7		harassment, sexual assault, dating violence, or stalking at certain
15	8		public and private institutions of higher education; creating a
16	9		criminal offense; authorizing administrative penalties.
17	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	11		SECTION 1. Chapter 51, Education Code, is amended by adding
19	12		Subchapter E-3 to read as follows:
20	13		SUBCHAPTER E-3. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL
21	14		ASSAULT, DATING VIOLENCE, AND STALKING
22	15		Sec. 51.281. DEFINITIONS. In this subchapter:
23	16		(1) "Coordinating board" means the Texas Higher
24	17		Education Coordinating Board.
25	18		(2) "Dating violence" means abuse or violence, or a
26	19		threat of abuse or violence, against a person with whom the actor
27	20		has or has had a social relationship of a romantic or intimate
28	21		nature.
29	22		(3) "Postsecondary educational institution" means:
30	23		(A) an institution of higher education, as
31	24		defined by Section 61.003; and
32	25		(B) a private or independent institution of
33	26		higher education.
34	27		(4) "Private or independent institution of higher
35	28		education" has the meaning assigned by Section 61.003.
36	29		(5) "Sexual assault" means sexual contact or
37	30		intercourse with a person without the person's consent, including
38	31		sexual contact or intercourse against the person's will or in a
39	32		circumstance in which the person is incapable of consenting to the
40	33		contact or intercourse.
41	34		(6) "Sexual harassment" means unwelcome, sex-based
42	35		verbal or physical conduct that:
43	36		(A) in the employment context, unreasonably
44	37		interferes with a person's work performance or creates an
45	38		intimidating, hostile, or offensive work environment; or
46	39		(B) in the education context, is sufficiently
47	40		severe, persistent, or pervasive that the conduct interferes with a
48	41		student's ability to participate in or benefit from educational
49	42		programs or activities at a postsecondary educational institution.
50	43		(7) "Stalking" means a course of conduct directed at a
51	44		person that would cause a reasonable person to fear for the person's
52	45		safety or to suffer substantial emotional distress.
53	46		Sec. 51.282. REPORTING REQUIRED FOR CERTAIN INCIDENTS.
54	47		(a) An employee of a postsecondary educational institution, or,
55	48		subject to Subsection (b), an officer of a student organization
56	49		registered with a postsecondary educational institution, who
57	50		witnesses or receives information regarding the occurrence of an
58	51		incident of sexual harassment, sexual assault, dating violence, or
59	52		stalking alleged to have been committed by or against a person who
60	53		was a student enrolled at or an employee of the institution at the
61	54		time of the incident shall promptly report the incident to the
62	55		institution's Title IX coordinator or deputy Title IX coordinator.
63	56		(b) An officer of a student organization registered with a
64	57		postsecondary educational institution is required to report an
65	58		incident under Subsection (a) only if the officer witnessed or
66	59		received information regarding the occurrence of the incident while
67	60		acting in the officer's official capacity, including while on the
68	61		premises of property owned by the student organization or at an
69	62		event held or sponsored by the student organization.
70	63		(c) Except as provided by Subsection (d), the report must
71	64		include all information concerning the incident known to the
72	65		reporting person that is relevant to the investigation and, if
73	66		applicable, redress of the incident, including whether an alleged
74	67		victim has expressed a desire for confidentiality or anonymity in
75	68		reporting the incident.
76	69		(d) An employee of a postsecondary educational institution
77	70		designated by the institution as a person with whom students may
78	71		speak confidentially concerning sexual harassment, sexual assault,
79	72		dating violence, or stalking shall, in making a report under this
80	73		section, state only the type of incident reported and may not
81	74		include any information that would violate a student's expectation
82	75		of privacy.
83	76		(e) Notwithstanding Subsection (a), a person is not
84	77		required to make a report under this section concerning an incident
85	78		in which the person was a victim of sexual harassment, sexual
86	79		assault, dating violence, or stalking.
87	80		Sec. 51.283. ADMINISTRATIVE REPORTING REQUIREMENTS.
88	81		(a) Not less than once per month, the Title IX coordinator of a
89	82		postsecondary educational institution shall submit to the
90	83		institution's chief executive officer a written report on the
91	84		reports received under Section 51.282, including information
92	85		regarding:
93	86		(1) the investigation of those reports;
94	87		(2) the disposition, if any, of any disciplinary
95	88		processes arising from those reports; and
96	89		(3) the reports for which the institution determined
97	90		not to initiate a disciplinary process, if any.
98	91		(b) The Title IX coordinator of a postsecondary educational
99	92		institution shall immediately report to the institution's chief
100	93		executive officer an incident reported to the coordinator under
101	94		Section 51.282 if the coordinator has cause to believe that the
102	95		health or safety of any person is in imminent danger as a result of
103	96		the incident.
104	97		(c) At least once during each fall or spring semester, the
105	98		chief executive officer of a postsecondary educational institution
106	99		shall submit to the institution's governing body a report
107	100		concerning the reports received under Section 51.282. The report:
108	101		(1) may not identify any person; and
109	102		(2) must include:
110	103		(A) the number of reports received under Section
111	104		51.282;
112	105		(B) the number of investigations conducted as a
113	106		result of those reports;
114	107		(C) the disposition, if any, of any disciplinary
115	108		processes arising from those reports;
116	109		(D) the number of those reports for which the
117	110		institution determined not to initiate a disciplinary process, if
118	111		any; and
119	112		(E) any disciplinary actions taken under Section
120	113		51.285.
121	114		(d) A report submitted under Subsection (c) is public
122	115		information subject to disclosure under Chapter 552, Government
123	116		Code, and a private or independent institution of higher education
124	117		is a governmental body with respect to such a report for purposes of
125	118		that chapter.
126	119		Sec. 51.284. IMMUNITIES. (a) A person acting in good
127	120		faith who reports or assists in the investigation of a report of an
128	121		incident described by Section 51.282(a) or who testifies or
129	122		otherwise participates in a disciplinary process or judicial
130	123		proceeding arising from a report of such an incident:
131	124		(1) is immune from civil or criminal liability that
132	125		might otherwise be incurred or imposed as a result of those actions;
133	126		and
134	127		(2) may not be subjected to any disciplinary action by
135	128		the postsecondary educational institution at which the person is
136	129		enrolled or employed for any violation by the person of the
137	130		institution's code of conduct occurring in relation to the
138	131		incident.
139	132		(b) Subsection (a) does not apply to a person who
140	133		perpetrates or assists in the perpetration of the incident reported
141	134		under Section 51.282.
142	135		Sec. 51.285. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.
143	136		(a) A postsecondary educational institution shall terminate the
144	137		employment of an employee who:
145	138		(1) is required to make a report under Section 51.282
146	139		and fails to promptly make the report without good cause, as
147	140		determined by the institution; or
148	141		(2) with the intent to harm or deceive, knowingly
149	142		makes a report under Section 51.282 that is false.
150	143		(b) A postsecondary educational institution shall terminate
151	144		the employment of the institution's Title IX coordinator or chief
152	145		executive officer if the coordinator or officer fails to make a
153	146		report as required under Section 51.283.
154	147		(c) A postsecondary educational institution shall suspend
155	148		for at least one year or expel a student who:
156	149		(1) is required to make a report under Section 51.282
157	150		and fails to promptly make the report without good cause, as
158	151		determined by the institution; or
159	152		(2) with the intent to harm or deceive, knowingly
160	153		makes a report under Section 51.282 that is false.
161	154		(d) A person commits an offense if the person is an employee
162	155		of a postsecondary educational institution and:
163	156		(1) is required to make a report under Section 51.282
164	157		and knowingly fails to make the report; or
165	158		(2) with the intent to harm or deceive, knowingly
166	159		makes a report under Section 51.282 that is false.
167	160		(e) An offense under Subsection (d) is a Class B
168	161		misdemeanor, except that the offense is a Class A misdemeanor if it
169	162		is shown on the trial of the offense that the actor intended to
170	163		conceal the incident that the actor was required to report under
171	164		Section 51.282.
172	165		Sec. 51.286. CONFIDENTIALITY. (a) Unless waived in
173	166		writing by the alleged victim, the identity of an alleged victim of
174	167		an incident reported under Section 51.282:
175	168		(1) is confidential and not subject to disclosure
176	169		under Chapter 552, Government Code; and
177	170		(2) may be disclosed only to:
178	171		(A) the postsecondary educational institution to
179	172		which the report is made as necessary to conduct an investigation of
180	173		the report; or
181	174		(B) a law enforcement officer as necessary to
182	175		conduct a criminal investigation of the report.
183	176		(b) A disclosure under Subsection (a) is not a voluntary
184	177		disclosure for purposes of Section 552.007, Government Code.
185	178		Sec. 51.287. RETALIATION PROHIBITED. (a) A postsecondary
186	179		educational institution may not discipline or otherwise
187	180		discriminate against a student or an employee who in good faith:
188	181		(1) makes a report as required by Section 51.282; or
189	182		(2) cooperates with an investigation, a disciplinary
190	183		process, or a judicial proceeding relating to a report made by the
191	184		student or employee as required by Section 51.282.
192	185		(b) Subsection (a) does not apply to a student or an
193	186		employee who:
194	187		(1) reports an incident described by Section 51.282(a)
195	188		perpetrated by the student or employee; or
196	189		(2) cooperates with an investigation, a disciplinary
197	190		process, or a judicial proceeding relating to an allegation that
198	191		the student or employee perpetrated an incident described by
199	192		Section 51.282(a).
200	193		Sec. 51.288. COMPLIANCE. (a) The chief executive officer
201		-	of each ~~private or independent~~ institution ~~of higher education~~
202		-	~~shall annually~~ certify in writing to the coordinating board that
203		-	~~the institution~~ is in substantial compliance with this subchapter.
	194	+	of each postsecondary educational institution shall annually
	195	+	certify in writing to the coordinating board that the institution
	196	+	is in substantial compliance with this subchapter.
204	197		(b) If the coordinating board determines that a private or
205	198		independent institution of higher education is not in substantial
206	199		compliance with this subchapter, the coordinating board may assess
207	200		an administrative penalty against the institution in an amount not
208	201		to exceed $2 million. In determining the amount of the penalty, the
209	202		coordinating board shall consider the nature of the violation and
210	203		the number of students enrolled at the institution.
211	204		(c) If the coordinating board assesses an administrative
212	205		penalty against a private or independent institution of higher
213	206		education under Subsection (b), the coordinating board shall
214	207		provide to the institution written notice of the coordinating
215	208		board's reasons for assessing the penalty.
216	209		(d) A private or independent institution of higher
217	210		education assessed an administrative penalty under Subsection (b)
218	211		may appeal the penalty in the manner provided by Chapter 2001,
219	212		Government Code.
220	213		(e) A private or independent institution of higher
221	214		education may not pay an administrative penalty assessed under
222	215		Subsection (b) using state or federal money.
223	216		(f) An administrative penalty collected under this section
224	217		shall be deposited to the credit of the sexual assault program fund
225	218		established under Section 420.008, Government Code.
	219	+	(g) The coordinating board shall annually submit to the
	220	+	governor, the lieutenant governor, the speaker of the house of
	221	+	representatives, and the standing legislative committees with
	222	+	primary jurisdiction over legislation concerning sexual assault at
	223	+	postsecondary educational institutions a report regarding
	224	+	compliance with this subchapter, including a summary of the
	225	+	postsecondary educational institutions found not to be in
	226	+	substantial compliance as provided by this section during the
	227	+	calendar year preceding the date of the report.
226	228		Sec. 51.289. RULES. The coordinating board shall adopt
227	229		rules as necessary to implement and enforce this subchapter,
228	230		including rules that ensure implementation of this subchapter in a
229	231		manner that complies with federal law regarding confidentiality of
230	232		student educational information, including the Family Educational
231	233		Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
232	234		Sec. 51.290. TRAINING ADVISORY COMMITTEE. (a) The
233	235		commissioner of higher education shall establish an advisory
234	236		committee to develop recommended training for persons required to
235	237		report certain incidents under Section 51.282 and for Title IX
236	238		coordinators at postsecondary educational institutions.
237	239		(b) The advisory committee consists of nine members
238	240		appointed by the commissioner of higher education. Each member
239	241		must be a chief executive officer of a postsecondary educational
240	242		institution or a representative designated by that officer.
241	243		(c) Not later than December 1, 2017, the advisory committee
242	244		shall develop the recommended training under Subsection (a).
243	245		(d) This section expires September 1, 2018.
244	246		SECTION 2. Section 420.008(b), Government Code, is amended
245	247		to read as follows:
246	248		(b) The fund consists of:
247	249		(1) fees collected under:
248	250		(A) [(1)] Article 42A.653(a), Code of Criminal
249	251		Procedure;
250	252		(B) [(2)] Section 508.189, Government Code; and
251	253		(C) [(3)] Subchapter B, Chapter 102, Business &
252	254		Commerce Code, and deposited under Section 102.054; and
253	255		(2) administrative penalties collected under Section
254	256		51.288, Education Code.
255	257		SECTION 3. Sections 51.281-51.289, Education Code, as added
256	258		by this Act, apply beginning January 1, 2018.
257		-	SECTION 4. (a) Except as provided by Subsections (b) and
	259	+	SECTION 4. Not later than January 1, 2019, the Texas Higher
	260	+	Education Coordinating Board shall submit its initial report
	261	+	required under Section 51.288(g), Education Code, as added by this
	262	+	Act.
	263	+	SECTION 5. (a) Except as provided by Subsections (b) and
258	264		(c) of this section, this Act takes effect September 1, 2017.
259	265		(b) Section 51.290, Education Code, as added by this Act,
260	266		takes effect immediately if this Act receives a vote of two-thirds
261	267		of all the members elected to each house, as provided by Section 39,
262	268		Article III, Texas Constitution. If this Act does not receive the
263	269		vote necessary for immediate effect, Section 51.290, Education
264	270		Code, as added by this Act, takes effect September 1, 2017.
265	271		(c) Section 51.285(d), Education Code, as added by this Act,
266	272		takes effect January 1, 2018.
267		-	* * * * *