By: Watson S.B. No. 968
(In the Senate - Filed February 21, 2017; March 1, 2017,
read first time and referred to Committee on State Affairs;
March 29, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 29, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 968 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain public and private institutions of
higher education to provide students and employees an option to
electronically report certain offenses to the institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9365 to read as follows:
Sec. 51.9365. ELECTRONIC REPORTING OPTION FOR CERTAIN
OFFENSES. (a) In this section:
(1) "Dating violence" means abuse or violence, or a
threat of abuse or violence, against a person with whom the actor
has or has had a social relationship of a romantic or intimate
nature.
(2) "Postsecondary educational institution" means an
institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003.
(3) "Sexual assault" means sexual contact or
intercourse with a person without the person's consent, including
sexual contact or intercourse against the person's will or in a
circumstance in which the person is incapable of consenting to the
contact or intercourse.
(4) "Sexual harassment" means unwelcome, sex-based
verbal or physical conduct that:
(A) in the employment context, unreasonably
interferes with an employee's work performance or creates an
intimidating, hostile, or offensive work environment; or
(B) in the education context, is sufficiently
severe, persistent, or pervasive that the conduct interferes with a
student's ability to participate in or benefit from educational
programs or activities.
(5) "Stalking" means a course of conduct directed at a
person that would cause a reasonable person to fear for the person's
safety or to suffer substantial emotional distress.
(b) Each postsecondary educational institution shall
provide an option for a student enrolled at or an employee of the
institution to electronically report to the institution an
allegation of sexual harassment, sexual assault, dating violence,
or stalking committed against or witnessed by the student or
employee, regardless of the location at which the alleged offense
occurred.
(c) The electronic reporting option provided under
Subsection (b) must:
(1) enable a student or employee to report the alleged
offense anonymously; and
(2) be easily accessible through a clearly
identifiable link on the postsecondary educational institution's
Internet website home page.
(d) A protocol for reporting sexual assault adopted under
Section 51.9363 must comply with this section.
(e) The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
(f) The commissioner of higher education shall establish an
advisory committee to recommend to the Texas Higher Education
Coordinating Board rules for adoption under Subsection (e). The
advisory committee consists of nine members appointed by the
commissioner. Each member must be a chief executive officer of a
postsecondary educational institution or a representative
designated by that officer. Not later than December 1, 2017, the
advisory committee shall submit the committee's recommendations to
the coordinating board. This subsection expires September 1, 2018.
SECTION 2. Not later than January 1, 2018, each public or
private postsecondary educational institution shall provide the
electronic reporting option required under Section 51.9365,
Education Code, as added by this Act.
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.
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