By: Watson, et al. S.B. No. 969
(Leach, Alvarado, Howard)
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain public and private institutions of
higher education to provide amnesty to students who report
incidents of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9366 to read as follows:
Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF
SEXUAL ASSAULT. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(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.
(b) A postsecondary educational institution may not take
any disciplinary action against a student enrolled at the
institution for a violation by the student of the institution's
policies on student conduct if the student in good faith reports to
the institution being the victim of, or a witness to, an incident of
sexual assault and the violation of the institution's policies is
in relation to the incident. This subsection applies regardless of
the location at which the incident occurred or the outcome of the
institution's disciplinary process regarding the incident, if any.
(c) A determination that a student is entitled to amnesty
under Subsection (b) is final and may not be revoked.
(d) Subsection (b) does not apply to a student who reports
the student's own commission of sexual assault or assistance in the
commission of sexual assault.
(e) This section may not be construed to limit a
postsecondary educational institution's ability to provide amnesty
from application of the institution's policies in circumstances not
described by Subsection (b).
(f) The coordinating board may adopt rules as necessary to
implement and enforce this section.
(g) The commissioner of higher education shall establish an
advisory committee to recommend to the coordinating board rules for
adoption under Subsection (f). 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. Section 51.9366, Education Code, as added by
this Act, applies beginning with the 2018 spring semester.
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.