86R13187 MTB-D
By: Bowers H.B. No. 3138
A BILL TO BE ENTITLED
AN ACT
relating to reporting of incidents of sexual harassment, sexual
assault, dating violence, and stalking on state property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 424 to read as follows:
CHAPTER 424. REPORTING OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING
VIOLENCE, AND STALKING ON STATE PROPERTY
Sec. 424.001. DEFINITIONS. In this chapter:
(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) "Department" means the Department of Public Safety
of the State of Texas.
(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 a person'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 at a postsecondary educational institution.
(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.
Sec. 424.002. ONLINE REPORTING SYSTEM. (a) The department
shall develop and establish or contract with a third party to
develop and establish an online reporting system through which a
person may report to the department an allegation of sexual
harassment, sexual assault, dating violence, or stalking committed
against or witnessed by the person on property owned or rented by
the state.
(b) The online reporting system must enable a person to
report the alleged incident anonymously.
(c) The department shall maintain information from reports
under Subsection (a) on the department's generally accessible
Internet website. The information on the website must be
searchable by location, governmental entity, and type of incident.
Sec. 424.003. RULES. The department shall adopt rules as
necessary to implement and enforce this chapter.
SECTION 2. Not later than January 1, 2020, the Department of
Public Safety of the State of Texas shall develop and establish the
online reporting system required under Section 424.002, Government
Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.