| 1 | 1 | | 86R13187 MTB-D |
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| 2 | 2 | | By: Bowers H.B. No. 3138 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to reporting of incidents of sexual harassment, sexual |
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| 8 | 8 | | assault, dating violence, and stalking on state property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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| 11 | 11 | | by adding Chapter 424 to read as follows: |
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| 12 | 12 | | CHAPTER 424. REPORTING OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING |
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| 13 | 13 | | VIOLENCE, AND STALKING ON STATE PROPERTY |
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| 14 | 14 | | Sec. 424.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Dating violence" means abuse or violence, or a |
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| 16 | 16 | | threat of abuse or violence, against a person with whom the actor |
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| 17 | 17 | | has or has had a social relationship of a romantic or intimate |
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| 18 | 18 | | nature. |
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| 19 | 19 | | (2) "Department" means the Department of Public Safety |
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| 20 | 20 | | of the State of Texas. |
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| 21 | 21 | | (3) "Sexual assault" means sexual contact or |
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| 22 | 22 | | intercourse with a person without the person's consent, including |
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| 23 | 23 | | sexual contact or intercourse against the person's will or in a |
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| 24 | 24 | | circumstance in which the person is incapable of consenting to the |
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| 25 | 25 | | contact or intercourse. |
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| 26 | 26 | | (4) "Sexual harassment" means unwelcome, sex-based |
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| 27 | 27 | | verbal or physical conduct that: |
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| 28 | 28 | | (A) in the employment context, unreasonably |
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| 29 | 29 | | interferes with a person's work performance or creates an |
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| 30 | 30 | | intimidating, hostile, or offensive work environment; or |
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| 31 | 31 | | (B) in the education context, is sufficiently |
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| 32 | 32 | | severe, persistent, or pervasive that the conduct interferes with a |
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| 33 | 33 | | student's ability to participate in or benefit from educational |
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| 34 | 34 | | programs or activities at a postsecondary educational institution. |
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| 35 | 35 | | (5) "Stalking" means a course of conduct directed at a |
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| 36 | 36 | | person that would cause a reasonable person to fear for the person's |
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| 37 | 37 | | safety or to suffer substantial emotional distress. |
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| 38 | 38 | | Sec. 424.002. ONLINE REPORTING SYSTEM. (a) The department |
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| 39 | 39 | | shall develop and establish or contract with a third party to |
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| 40 | 40 | | develop and establish an online reporting system through which a |
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| 41 | 41 | | person may report to the department an allegation of sexual |
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| 42 | 42 | | harassment, sexual assault, dating violence, or stalking committed |
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| 43 | 43 | | against or witnessed by the person on property owned or rented by |
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| 44 | 44 | | the state. |
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| 45 | 45 | | (b) The online reporting system must enable a person to |
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| 46 | 46 | | report the alleged incident anonymously. |
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| 47 | 47 | | (c) The department shall maintain information from reports |
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| 48 | 48 | | under Subsection (a) on the department's generally accessible |
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| 49 | 49 | | Internet website. The information on the website must be |
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| 50 | 50 | | searchable by location, governmental entity, and type of incident. |
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| 51 | 51 | | Sec. 424.003. RULES. The department shall adopt rules as |
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| 52 | 52 | | necessary to implement and enforce this chapter. |
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| 53 | 53 | | SECTION 2. Not later than January 1, 2020, the Department of |
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| 54 | 54 | | Public Safety of the State of Texas shall develop and establish the |
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| 55 | 55 | | online reporting system required under Section 424.002, Government |
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| 56 | 56 | | Code, as added by this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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