Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB29 Compare Versions

Only one version of the bill is available at this time.

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1	1	85S10426 KJE-F
2	2	By: Huffman S.B. No. 29
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a reporting requirement for certain incidents of sexual
8	8	harassment, sexual assault, dating violence, or stalking at certain
9	9	public and private institutions of higher education; creating a
10	10	criminal offense; authorizing administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 51, Education Code, is amended by adding
13	13	Subchapter E-2 to read as follows:
14	14	SUBCHAPTER E-2. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL
15	15	ASSAULT, DATING VIOLENCE, AND STALKING
16	16	Sec. 51.251. DEFINITIONS. In this subchapter:
17	17	(1) "Coordinating board" means the Texas Higher
18	18	Education Coordinating Board.
19	19	(2) "Dating violence" means abuse or violence, or a
20	20	threat of abuse or violence, against a person with whom the actor
21	21	has or has had a social relationship of a romantic or intimate
22	22	nature.
23	23	(3) "Postsecondary educational institution" means:
24	24	(A) an institution of higher education, as
25	25	defined by Section 61.003; and
26	26	(B) a private or independent institution of
27	27	higher education.
28	28	(4) "Private or independent institution of higher
29	29	education" has the meaning assigned by Section 61.003.
30	30	(5) "Sexual assault" means sexual contact or
31	31	intercourse with a person without the person's consent, including
32	32	sexual contact or intercourse against the person's will or in a
33	33	circumstance in which the person is incapable of consenting to the
34	34	contact or intercourse.
35	35	(6) "Sexual harassment" means unwelcome, sex-based
36	36	verbal or physical conduct that:
37	37	(A) in the employment context, unreasonably
38	38	interferes with a person's work performance or creates an
39	39	intimidating, hostile, or offensive work environment; or
40	40	(B) in the education context, is sufficiently
41	41	severe, persistent, or pervasive that the conduct interferes with a
42	42	student's ability to participate in or benefit from educational
43	43	programs or activities at a postsecondary educational institution.
44	44	(7) "Stalking" means a course of conduct directed at a
45	45	person that would cause a reasonable person to fear for the person's
46	46	safety or to suffer substantial emotional distress.
47	47	Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS.
48	48	(a) An employee of a postsecondary educational institution, or,
49	49	subject to Subsection (b), an officer of a student organization
50	50	registered with a postsecondary educational institution, who
51	51	witnesses or receives information regarding the occurrence of an
52	52	incident of sexual harassment, sexual assault, dating violence, or
53	53	stalking alleged to have been committed by or against a person who
54	54	was a student enrolled at or an employee of the institution at the
55	55	time of the incident shall promptly report the incident to the
56	56	institution's Title IX coordinator or deputy Title IX coordinator.
57	57	(b) An officer of a student organization registered with a
58	58	postsecondary educational institution is required to report an
59	59	incident under Subsection (a) only if the officer witnessed or
60	60	received information regarding the occurrence of the incident while
61	61	acting in the officer's official capacity, including while on the
62	62	premises of property owned by the student organization or at an
63	63	event held or sponsored by the student organization.
64	64	(c) Except as provided by Subsection (d) or (e), the report
65	65	must include all information concerning the incident known to the
66	66	reporting person that is relevant to the investigation and, if
67	67	applicable, redress of the incident, including whether an alleged
68	68	victim has expressed a desire for confidentiality or anonymity in
69	69	reporting the incident.
70	70	(d) In making a report under this section, an employee of a
71	71	postsecondary educational institution designated by the
72	72	institution as a person with whom students may speak confidentially
73	73	concerning sexual harassment, sexual assault, dating violence, or
74	74	stalking shall state only the type of incident reported and may not
75	75	include any information that would violate a student's expectation
76	76	of privacy.
77	77	(e) In making a report under this section, a student
78	78	organization officer to whom the alleged victim has expressed a
79	79	desire for confidentiality or anonymity in reporting the incident
80	80	shall state only the type of incident reported and may not include
81	81	any information that would violate the alleged victim's expectation
82	82	of privacy.
83	83	(f) Notwithstanding Subsection (a), a person is not
84	84	required to make a report under this section concerning an incident
85	85	in which the person was a victim of sexual harassment, sexual
86	86	assault, dating violence, or stalking.
87	87	Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS.
88	88	(a) Not less than once per month, the Title IX coordinator of a
89	89	postsecondary educational institution shall submit to the
90	90	institution's chief executive officer a written report on the
91	91	reports received under Section 51.252, including information
92	92	regarding:
93	93	(1) the investigation of those reports;
94	94	(2) the disposition, if any, of any disciplinary
95	95	processes arising from those reports; and
96	96	(3) the reports for which the institution determined
97	97	not to initiate a disciplinary process, if any.
98	98	(b) The Title IX coordinator of a postsecondary educational
99	99	institution shall immediately report to the institution's chief
100	100	executive officer an incident reported to the coordinator under
101	101	Section 51.252 if the coordinator has cause to believe that the
102	102	health or safety of any person is in imminent danger as a result of
103	103	the incident.
104	104	(c) At least once during each fall or spring semester, the
105	105	chief executive officer of a postsecondary educational institution
106	106	shall submit to the institution's governing body a report
107	107	concerning the reports received under Section 51.252. The report:
108	108	(1) may not identify any person; and
109	109	(2) must include:
110	110	(A) the number of reports received under Section
111	111	51.252;
112	112	(B) the number of investigations conducted as a
113	113	result of those reports;
114	114	(C) the disposition, if any, of any disciplinary
115	115	processes arising from those reports;
116	116	(D) the number of those reports for which the
117	117	institution determined not to initiate a disciplinary process, if
118	118	any; and
119	119	(E) any disciplinary actions taken under Section
120	120	51.255.
121	121	(d) A report submitted under Subsection (c) is public
122	122	information subject to disclosure under Chapter 552, Government
123	123	Code, and a private or independent institution of higher education
124	124	is a governmental body with respect to such a report for purposes of
125	125	that chapter.
126	126	Sec. 51.254. IMMUNITIES. (a) A person acting in good
127	127	faith who reports or assists in the investigation of a report of an
128	128	incident described by Section 51.252(a) or who testifies or
129	129	otherwise participates in a disciplinary process or judicial
130	130	proceeding arising from a report of such an incident:
131	131	(1) is immune from civil or criminal liability that
132	132	might otherwise be incurred or imposed as a result of those actions;
133	133	and
134	134	(2) may not be subjected to any disciplinary action by
135	135	the postsecondary educational institution at which the person is
136	136	enrolled or employed for any violation by the person of the
137	137	institution's code of conduct occurring in relation to the
138	138	incident.
139	139	(b) Subsection (a) does not apply to a person who
140	140	perpetrates or assists in the perpetration of the incident reported
141	141	under Section 51.252.
142	142	Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.
143	143	(a) A postsecondary educational institution shall terminate the
144	144	employment of an employee who:
145	145	(1) is required to make a report under Section 51.252
146	146	and fails to promptly make the report without good cause, as
147	147	determined by the institution; or
148	148	(2) with the intent to harm or deceive, knowingly
149	149	makes a report under Section 51.252 that is false.
150	150	(b) A postsecondary educational institution shall terminate
151	151	the employment of the institution's Title IX coordinator or chief
152	152	executive officer if the coordinator or officer fails to make a
153	153	report as required under Section 51.253.
154	154	(c) A postsecondary educational institution shall suspend
155	155	for at least one year or expel a student who:
156	156	(1) is required to make a report under Section 51.252
157	157	and fails to promptly make the report without good cause, as
158	158	determined by the institution; or
159	159	(2) with the intent to harm or deceive, knowingly
160	160	makes a report under Section 51.252 that is false.
161	161	(d) A person commits an offense if the person is an employee
162	162	of a postsecondary educational institution and:
163	163	(1) is required to make a report under Section 51.252
164	164	and knowingly fails to make the report; or
165	165	(2) with the intent to harm or deceive, knowingly
166	166	makes a report under Section 51.252 that is false.
167	167	(e) An offense under Subsection (d) is a Class B
168	168	misdemeanor, except that the offense is a Class A misdemeanor if it
169	169	is shown on the trial of the offense that the actor intended to
170	170	conceal the incident that the actor was required to report under
171	171	Section 51.252.
172	172	Sec. 51.256. CONFIDENTIALITY. (a) Unless waived in
173	173	writing by the alleged victim, the identity of an alleged victim of
174	174	an incident reported under Section 51.252:
175	175	(1) is confidential and not subject to disclosure
176	176	under Chapter 552, Government Code; and
177	177	(2) may be disclosed only to:
178	178	(A) the postsecondary educational institution to
179	179	which the report is made as necessary to conduct an investigation of
180	180	the report; or
181	181	(B) a law enforcement officer as necessary to
182	182	conduct a criminal investigation of the report.
183	183	(b) A disclosure under Subsection (a) is not a voluntary
184	184	disclosure for purposes of Section 552.007, Government Code.
185	185	Sec. 51.257. RETALIATION PROHIBITED. (a) A postsecondary
186	186	educational institution may not discipline or otherwise
187	187	discriminate against a student or an employee who in good faith:
188	188	(1) makes a report as required by Section 51.252; or
189	189	(2) cooperates with an investigation, a disciplinary
190	190	process, or a judicial proceeding relating to a report made by the
191	191	student or employee as required by Section 51.252.
192	192	(b) Subsection (a) does not apply to a student or an
193	193	employee who:
194	194	(1) reports an incident described by Section 51.252(a)
195	195	perpetrated by the student or employee; or
196	196	(2) cooperates with an investigation, a disciplinary
197	197	process, or a judicial proceeding relating to an allegation that
198	198	the student or employee perpetrated an incident described by
199	199	Section 51.252(a).
200	200	Sec. 51.258. COMPLIANCE. (a) The chief executive officer
201	201	of each postsecondary educational institution shall annually
202	202	certify in writing to the coordinating board that the institution
203	203	is in substantial compliance with this subchapter.
204	204	(b) If the coordinating board determines that a private or
205	205	independent institution of higher education is not in substantial
206	206	compliance with this subchapter, the coordinating board may assess
207	207	an administrative penalty against the institution in an amount not
208	208	to exceed $2 million. In determining the amount of the penalty, the
209	209	coordinating board shall consider the nature of the violation and
210	210	the number of students enrolled at the institution.
211	211	(c) If the coordinating board assesses an administrative
212	212	penalty against a private or independent institution of higher
213	213	education under Subsection (b), the coordinating board shall
214	214	provide to the institution written notice of the coordinating
215	215	board's reasons for assessing the penalty.
216	216	(d) A private or independent institution of higher
217	217	education assessed an administrative penalty under Subsection (b)
218	218	may appeal the penalty in the manner provided by Chapter 2001,
219	219	Government Code.
220	220	(e) A private or independent institution of higher
221	221	education may not pay an administrative penalty assessed under
222	222	Subsection (b) using state or federal money.
223	223	(f) An administrative penalty collected under this section
224	224	shall be deposited to the credit of the sexual assault program fund
225	225	established under Section 420.008, Government Code.
226	226	(g) The coordinating board shall annually submit to the
227	227	governor, the lieutenant governor, the speaker of the house of
228	228	representatives, and the standing legislative committees with
229	229	primary jurisdiction over legislation concerning sexual assault at
230	230	postsecondary educational institutions a report regarding
231	231	compliance with this subchapter, including a summary of the
232	232	postsecondary educational institutions found not to be in
233	233	substantial compliance as provided by this section during the
234	234	calendar year preceding the date of the report.
235	235	Sec. 51.259. RULES. The coordinating board shall adopt
236	236	rules as necessary to implement and enforce this subchapter,
237	237	including rules that ensure implementation of this subchapter in a
238	238	manner that complies with federal law regarding confidentiality of
239	239	student educational information, including the Family Educational
240	240	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
241	241	Sec. 51.260. TRAINING ADVISORY COMMITTEE. (a) The
242	242	commissioner of higher education shall establish an advisory
243	243	committee to develop recommended training for persons required to
244	244	report certain incidents under Section 51.252 and for Title IX
245	245	coordinators at postsecondary educational institutions.
246	246	(b) The advisory committee consists of nine members
247	247	appointed by the commissioner of higher education. Each member
248	248	must be a chief executive officer of a postsecondary educational
249	249	institution or a representative designated by that officer.
250	250	(c) Not later than December 1, 2017, the advisory committee
251	251	shall develop the recommended training under Subsection (a).
252	252	(d) This section expires September 1, 2018.
253	253	SECTION 2. Section 420.008(b), Government Code, is amended
254	254	to read as follows:
255	255	(b) The fund consists of:
256	256	(1) fees collected under:
257	257	(A) [(1)] Article 42A.653(a), Code of Criminal
258	258	Procedure;
259	259	(B) [(2)] Section 508.189, Government Code; and
260	260	(C) [(3)] Subchapter B, Chapter 102, Business &
261	261	Commerce Code, and deposited under Section 102.054; and
262	262	(2) administrative penalties collected under Section
263	263	51.258, Education Code.
264	264	SECTION 3. Sections 51.251-51.259, Education Code, as added
265	265	by this Act, apply beginning January 1, 2018.
266	266	SECTION 4. Not later than January 1, 2019, the Texas Higher
267	267	Education Coordinating Board shall submit its initial report
268	268	required under Section 51.258(g), Education Code, as added by this
269	269	Act.
270	270	SECTION 5. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect on the 91st day after the last day of the
275	275	legislative session.