Texas 2019 - 86th Regular

Texas House Bill HB3814 Compare Versions

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

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1	1	By: Morrison H.B. No. 3814
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a reporting requirement for certain incidents of sexual
7	7	harassment, sexual assault, dating violence, or stalking at certain
8	8	public and private institutions of higher education; creating a
9	9	criminal offense; authorizing administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 51, Education Code, is amended by adding
12	12	Subchapter E-2 to read as follows:
13	13	SUBCHAPTER E-2. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL
14	14	ASSAULT, DATING VIOLENCE, AND STALKING
15	15	Sec. 51.251. DEFINITIONS. In this subchapter:
16	16	(1) "Coordinating board" means the Texas Higher
17	17	Education Coordinating Board.
18	18	(2) "Dating violence," "sexual assault," and
19	19	"stalking" mean dating violence, sexual assault, or stalking, as
20	20	applicable, that an institution of higher education is required to
21	21	report under the Jeanne Clery Disclosure of Campus Security Policy
22	22	and Campus Crime Statistics Act (20 U.S.C. Section 1092(f)).
23	23	(3) "Employee of a postsecondary educational
24	24	institution" does not include a student enrolled at the
25	25	institution.
26	26	(4) "Postsecondary educational institution" means an
27	27	institution of higher education or a private or independent
28	28	institution of higher education, as those terms are defined by
29	29	Section 61.003.
30	30	(5) "Sexual harassment" means unwelcome, sex-based
31	31	verbal or physical conduct that:
32	32	(A) in the employment context, unreasonably
33	33	interferes with a person's work performance or creates an
34	34	intimidating, hostile, or offensive work environment; or
35	35	(B) in the education context, is sufficiently
36	36	severe, persistent, or pervasive that the conduct interferes with a
37	37	student's ability to participate in or benefit from educational
38	38	programs or activities at a postsecondary educational institution.
39	39	Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS. (a)
40	40	An employee of a postsecondary educational institution who, in the
41	41	course and scope of employment, witnesses or receives information
42	42	regarding the occurrence of an incident that the employee
43	43	reasonably believes constitutes sexual harassment, sexual assault,
44	44	dating violence, or stalking and is alleged to have been committed
45	45	by or against a person who was a student enrolled at or an employee
46	46	of the institution at the time of the incident shall promptly report
47	47	the incident to the institution's Title IX coordinator or deputy
48	48	Title IX coordinator.
49	49	(b) Except as provided by Subsection (c), the report must
50	50	include all information concerning the incident known to the
51	51	reporting person that is relevant to the investigation and, if
52	52	applicable, redress of the incident, including whether an alleged
53	53	victim has expressed a desire for confidentiality in reporting the
54	54	incident.
55	55	(c) An employee of a postsecondary educational institution
56	56	designated by the institution as a person with whom students may
57	57	speak confidentially concerning sexual harassment, sexual assault,
58	58	dating violence, or stalking or who receives information regarding
59	59	such an incident under circumstances that render the employee's
60	60	communications confidential or privileged under other law shall, in
61	61	making a report under this section, state only the type of incident
62	62	reported and may not include any information that would violate a
63	63	student's expectation of privacy. This subsection does not affect
64	64	the employee's duty to report an incident under any other law.
65	65	(d) Notwithstanding Subsection (a), a person is not
66	66	required to make a report under this section concerning:
67	67	(1) an incident in which the person was a victim of
68	68	sexual harassment, sexual assault, dating violence, or stalking; or
69	69	(2) an incident of which the person received
70	70	information due to a disclosure made at a sexual harassment, sexual
71	71	assault, dating violence, or stalking public awareness event
72	72	sponsored by a postsecondary educational institution or by a
73	73	student organization affiliated with the institution.
74	74	Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS. (a)
75	75	Not less than once every three months, the Title IX coordinator of a
76	76	postsecondary educational institution shall submit to the
77	77	institution's chief executive officer a written report on the
78	78	reports received under Section 51.252, including information
79	79	regarding:
80	80	(1) the investigation of those reports;
81	81	(2) the disposition, if any, of any disciplinary
82	82	processes arising from those reports; and
83	83	(3) the reports for which the institution determined
84	84	not to initiate a disciplinary process, if any.
85	85	(b) The Title IX coordinator or deputy Title IX coordinator
86	86	of a postsecondary educational institution shall immediately
87	87	report to the institution's chief executive officer an incident
88	88	reported to the coordinator under Section 51.252 if the coordinator
89	89	has cause to believe that the safety of any person is in imminent
90	90	danger as a result of the incident.
91	91	(c) Subject to Subsection (d), at least once during each
92	92	fall or spring semester, the chief executive officer of a
93	93	postsecondary educational institution shall submit to the
94	94	institution's governing body and post on the institution's Internet
95	95	website a report concerning the reports received under Section
96	96	51.252. The report:
97	97	(1) may not identify any person; and
98	98	(2) must include:
99	99	(A) the number of reports received under Section
100	100	51.252;
101	101	(B) the number of investigations conducted as a
102	102	result of those reports;
103	103	(C) the disposition, if any, of any disciplinary
104	104	processes arising from those reports;
105	105	(D) the number of those reports for which the
106	106	institution determined not to initiate a disciplinary process, if
107	107	any; and
108	108	(E) any disciplinary actions taken under Section
109	109	51.255.
110	110	(d) If for any semester a postsecondary educational
111	111	institution has fewer than 1,500 enrolled students, the chief
112	112	executive officer of the institution shall submit and post a report
113	113	required under Subsection (c) for that semester only if more than
114	114	five reports were received under Section 51.252 during that
115	115	semester.
116	116	Sec. 51.254. IMMUNITIES. (a) A person acting in good faith
117	117	who reports or assists in the investigation of a report of an
118	118	incident described by Section 51.252(a) or who testifies or
119	119	otherwise participates in a disciplinary process or judicial
120	120	proceeding arising from a report of such an incident:
121	121	(1) is immune from civil liability, and from criminal
122	122	liability for offenses punishable by fine only, that might
123	123	otherwise be incurred or imposed as a result of those actions; and
124	124	(2) may not be subjected to any disciplinary action by
125	125	the postsecondary educational institution at which the person is
126	126	enrolled or employed for any violation by the person of the
127	127	institution's code of conduct reasonably related to the incident
128	128	for which suspension or expulsion from the institution is not a
129	129	possible punishment.
130	130	(b) Subsection (a) does not apply to a person who
131	131	perpetrates or assists in the perpetration of the incident reported
132	132	under Section 51.252.
133	133	Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.
134	134	(a) A person commits an offense if the person:
135	135	(1) is required to make a report under Section 51.252
136	136	and knowingly fails to make the report; or
137	137	(2) with the intent to harm or deceive, knowingly
138	138	makes a report under Section 51.252 that is false.
139	139	(b) An offense under Subsection (a) is a Class B
140	140	misdemeanor, except that the offense is a Class A misdemeanor if it
141	141	is shown on the trial of the offense that the actor intended to
142	142	conceal the incident that the actor was required to report under
143	143	Section 51.252.
144	144	(c) A postsecondary educational institution shall terminate
145	145	the employment of an employee whom the institution determines in
146	146	accordance with the institution's disciplinary procedure to have
147	147	committed an offense under Subsection (a).
148	148	Sec. 51.256. CONFIDENTIALITY. (a) Unless waived in
149	149	writing by the alleged victim, the identity of an alleged victim of
150	150	an incident reported under Section 51.252:
151	151	(1) is confidential and not subject to disclosure
152	152	under Chapter 552, Government Code; and
153	153	(2) may be disclosed only to:
154	154	(A) employees of the postsecondary educational
155	155	institution to which the report is made who are necessary to conduct
156	156	an investigation of the report or any related hearings; or
157	157	(B) a law enforcement officer as necessary to
158	158	conduct a criminal investigation of the report.
159	159	(b) A disclosure under Subsection (a) is not a voluntary
160	160	disclosure for purposes of Section 552.007, Government Code.
161	161	(c) Nothing in this section may be construed as prohibiting
162	162	a victim from making a report to a law enforcement agency using the
163	163	pseudonym form described by Article 57.02, Code of Criminal
164	164	Procedure.
165	165	Sec. 51.257. RETALIATION PROHIBITED. (a) A postsecondary
166	166	educational institution may not discipline or otherwise
167	167	discriminate against an employee who in good faith:
168	168	(1) makes a report as required by Section 51.252; or
169	169	(2) cooperates with an investigation, a disciplinary
170	170	process, or a judicial proceeding relating to a report made by the
171	171	employee as required by Section 51.252.
172	172	(b) Subsection (a) does not apply to an employee who:
173	173	(1) reports an incident described by Section 51.252(a)
174	174	perpetrated by the employee; or
175	175	(2) cooperates with an investigation, a disciplinary
176	176	process, or a judicial proceeding relating to an allegation that
177	177	the employee perpetrated an incident described by Section
178	178	51.252(a).
179	179	Sec. 51.258. COMPLIANCE. (a) The chief executive officer
180	180	of each postsecondary educational institution shall annually
181	181	certify in writing to the coordinating board that the institution
182	182	is in substantial compliance with this subchapter.
183	183	(b) If the coordinating board determines that a
184	184	postsecondary educational institution is not in substantial
185	185	compliance with this subchapter, the coordinating board may assess
186	186	an administrative penalty against the institution in an amount not
187	187	to exceed $2 million. In determining the amount of the penalty, the
188	188	coordinating board shall consider the nature of the violation and
189	189	the number of students enrolled at the institution.
190	190	(c) If the coordinating board assesses an administrative
191	191	penalty against a postsecondary educational institution under
192	192	Subsection (b), the coordinating board shall provide to the
193	193	institution written notice of the coordinating board's reasons for
194	194	assessing the penalty.
195	195	(d) A postsecondary educational institution assessed an
196	196	administrative penalty under Subsection (b) may appeal the penalty
197	197	in the manner provided by Chapter 2001, Government Code.
198	198	(e) A postsecondary educational institution may not pay an
199	199	administrative penalty assessed under Subsection (b) using state or
200	200	federal money.
201	201	(f) An administrative penalty collected under this section
202	202	shall be deposited to the credit of the sexual assault program fund
203	203	established under Section 420.008, Government Code.
204	204	(g) The coordinating board shall annually submit to the
205	205	governor, the lieutenant governor, the speaker of the house of
206	206	representatives, and the standing legislative committees with
207	207	primary jurisdiction over legislation concerning sexual assault at
208	208	postsecondary educational institutions a report regarding
209	209	compliance with this subchapter, including a summary of the
210	210	postsecondary educational institutions found not to be in
211	211	substantial compliance as provided by this section and any
212	212	penalties assessed under this section during the calendar year
213	213	preceding the date of the report.
214	214	Sec. 51.259. RULES. The coordinating board shall adopt
215	215	rules as necessary to implement and enforce this subchapter,
216	216	including rules that ensure implementation of this subchapter in a
217	217	manner that complies with federal law regarding confidentiality of
218	218	student educational information, including the Family Educational
219	219	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). In
220	220	adopting those rules, the coordinating board shall use the
221	221	negotiated rulemaking procedures under Chapter 2008, Government
222	222	Code, and consult with relevant stakeholders.
223	223	Sec. 51.260. TRAINING ADVISORY COMMITTEE. (a) The
224	224	commissioner of higher education shall establish an advisory
225	225	committee to develop recommended training for persons required to
226	226	report certain incidents under Section 51.252 and for Title IX
227	227	coordinators and deputy Title IX coordinators at postsecondary
228	228	educational institutions.
229	229	(b) The advisory committee consists of nine members
230	230	appointed by the commissioner of higher education as follows:
231	231	(1) eight members who are a chief executive officer of
232	232	a postsecondary educational institution or a representative
233	233	designated by that officer; and
234	234	(2) one member who is a representative of an advocacy
235	235	organization for victims of sexual assault or family violence.
236	236	(c) Not later than December 1, 2019, the advisory committee
237	237	shall develop the recommended training under Subsection (a).
238	238	(d) This section expires September 1, 2020.
239	239	SECTION 2. Section 61.0331, Education Code, is amended to
240	240	read as follows:
241	241	Sec. 61.0331. NEGOTIATED RULEMAKING REQUIRED. The board
242	242	shall engage institutions of higher education in a negotiated
243	243	rulemaking process as described by Chapter 2008, Government Code,
244	244	when adopting a policy, procedure, or rule relating to:
245	245	(1) an admission policy regarding the common admission
246	246	application under Section 51.762, a uniform admission policy under
247	247	Section 51.807, graduate and professional admissions under Section
248	248	51.843, or the transfer of credit under Section 61.827;
249	249	(2) the allocation or distribution of funds, including
250	250	financial aid or other trusteed funds under Section 61.07761;
251	251	(3) the reevaluation of data requests under Section
252	252	51.406; [or]
253	253	(4) compliance monitoring under Section 61.035; or
254	254	(5) the reporting of certain incidents of sexual
255	255	harassment, sexual assault, dating violence, or stalking under
256	256	Subchapter E-2, Chapter 51.
257	257	SECTION 3. Section 420.008(b), Government Code, is amended
258	258	to read as follows:
259	259	(b) The fund consists of:
260	260	(1) fees collected under:
261	261	(A) [(1)] Article 42A.653(a), Code of Criminal
262	262	Procedure;
263	263	(B) [(2)] Section 508.189, Government Code; and
264	264	(C) [(3)] Subchapter B, Chapter 102, Business &
265	265	Commerce Code, and deposited under Section 102.054 of that code;
266	266	and
267	267	(2) administrative penalties collected under Section
268	268	51.258, Education Code.
269	269	SECTION 4. Sections 51.251-51.259, Education Code, as added
270	270	by this Act, and Section 61.0331, Education Code, as amended by this
271	271	Act, apply beginning January 1, 2020.
272	272	SECTION 5. Not later than January 1, 2021, the Texas Higher
273	273	Education Coordinating Board shall submit its initial report
274	274	required under Section 51.258(g), Education Code, as added by this
275	275	Act.
276	276	SECTION 6. (a) Except as provided by Subsections (b) and (c)
277	277	of this section, this Act takes effect September 1, 2019.
278	278	(b) Section 51.260, Education Code, as added by this Act,
279	279	takes effect immediately if this Act receives a vote of two-thirds
280	280	of all the members elected to each house, as provided by Section 39,
281	281	Article III, Texas Constitution. If this Act does not receive the
282	282	vote necessary for immediate effect, Section 51.260, Education
283	283	Code, as added by this Act, takes effect September 1, 2019.
284	284	(c) Section 51.255(a), Education Code, as added by this Act,
285	285	takes effect January 1, 2020.