| 1 | | - | By: Watson, Zaffirini S.B. No. 970 |
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| 2 | | - | (In the Senate - Filed February 21, 2017; March 1, 2017, |
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| 3 | | - | read first time and referred to Committee on State Affairs; |
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| 4 | | - | April 5, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 5, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 970 By: Zaffirini |
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| 1 | + | By: Watson, et al. S.B. No. 970 |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to a sexual assault policy at public and private |
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| 14 | 7 | | institutions of higher education. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 51.9363, Education Code, is amended to |
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| 17 | 10 | | read as follows: |
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| 18 | 11 | | Sec. 51.9363. [CAMPUS] SEXUAL ASSAULT POLICY. (a) In this |
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| 19 | 12 | | section, "postsecondary educational institution" means an |
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| 20 | 13 | | ["]institution of higher education or a private or independent |
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| 21 | 14 | | institution of higher education, as those terms are defined[" has |
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| 22 | 15 | | the meaning assigned] by Section 61.003. |
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| 23 | 16 | | (b) Each postsecondary educational institution [of higher |
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| 24 | 17 | | education] shall adopt a policy on [campus] sexual assault |
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| 25 | 18 | | applicable to each student enrolled at and each employee of the |
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| 26 | 19 | | institution. The policy must: |
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| 27 | 20 | | (1) include: |
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| 28 | 21 | | (A) definitions of prohibited behavior; |
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| 29 | 22 | | (B) sanctions for violations; and |
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| 30 | 23 | | (C) the protocol for reporting and responding to |
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| 31 | 24 | | reports of [campus] sexual assault; and |
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| 32 | 25 | | (2) be approved by the institution's governing board |
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| 33 | 26 | | before final adoption by the institution. |
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| 34 | 27 | | (c) Each postsecondary educational institution [of higher |
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| 35 | 28 | | education] shall make the institution's [campus] sexual assault |
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| 36 | 29 | | policy available to students, faculty, and staff members by: |
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| 37 | 30 | | (1) including the policy in the institution's student |
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| 38 | 31 | | handbook and personnel handbook; and |
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| 39 | 32 | | (2) creating and maintaining a web page on the |
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| 40 | 33 | | institution's Internet website dedicated solely to the policy. |
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| 41 | 34 | | (d) Each postsecondary educational institution [of higher |
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| 42 | 35 | | education] shall require each entering freshman or undergraduate |
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| 43 | 36 | | transfer student to attend an orientation on the institution's |
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| 44 | 37 | | [campus] sexual assault policy before or during the first semester |
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| 45 | 38 | | or term in which the student is enrolled at the institution. The |
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| 46 | 39 | | institution shall establish the format and content of the |
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| 47 | 40 | | orientation. |
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| 48 | 41 | | (e) Each postsecondary educational institution shall |
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| 49 | 42 | | develop and implement a public awareness campaign to inform |
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| 50 | 43 | | students enrolled at and employees of the institution of the |
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| 51 | 44 | | institution's sexual assault policy. |
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| 52 | 45 | | (f) Each biennium, each postsecondary educational |
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| 53 | 46 | | institution [of higher education] shall review the institution's |
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| 54 | 47 | | [campus] sexual assault policy and, with approval of the |
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| 55 | 48 | | institution's governing board, revise the policy as necessary. |
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| 56 | 49 | | SECTION 2. Section 51.9363, Education Code, as amended by |
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| 57 | 50 | | this Act, applies beginning with the 2017 fall semester. |
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| 58 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 59 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 55 | | Act takes effect September 1, 2017. |
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