Texas 2019 - 86th Regular

Texas Senate Bill SB212 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 212
	1	+	By: Huffman, et al. S.B. No. 212
	2	+	(Morrison)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a reporting requirement for certain incidents of sexual
6	8		harassment, sexual assault, dating violence, or stalking at certain
7	9		public and private institutions of higher education; creating a
8	10		criminal offense; authorizing administrative penalties.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 51, Education Code, is amended by adding
11	13		Subchapter E-2 to read as follows:
12	14		SUBCHAPTER E-2. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL
13	15		ASSAULT, DATING VIOLENCE, AND STALKING
14	16		Sec. 51.251. DEFINITIONS. In this subchapter:
15	17		(1) "Coordinating board" means the Texas Higher
16	18		Education Coordinating Board.
17	19		(2) "Dating violence," "sexual assault," and
18	20		"stalking" mean dating violence, sexual assault, or stalking, as
19	21		applicable, that an institution of higher education is required to
20	22		report under the Jeanne Clery Disclosure of Campus Security Policy
21	23		and Campus Crime Statistics Act (20 U.S.C. Section 1092(f)).
22	24		(3) "Employee of a postsecondary educational
23	25		institution" does not include a student enrolled at the
24	26		institution.
25	27		(4) "Postsecondary educational institution" means an
26	28		institution of higher education or a private or independent
27	29		institution of higher education, as those terms are defined by
28	30		Section 61.003.
29	31		(5) "Sexual harassment" means unwelcome, sex-based
30	32		verbal or physical conduct that:
31	33		(A) in the employment context, unreasonably
32	34		interferes with a person's work performance or creates an
33	35		intimidating, hostile, or offensive work environment; or
34	36		(B) in the education context, is sufficiently
35	37		severe, persistent, or pervasive that the conduct interferes with a
36	38		student's ability to participate in or benefit from educational
37	39		programs or activities at a postsecondary educational institution.
38	40		Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS.
39	41		(a) An employee of a postsecondary educational institution who, in
40	42		the course and scope of employment, witnesses or receives
41	43		information regarding the occurrence of an incident that the
42	44		employee reasonably believes constitutes sexual harassment, sexual
43	45		assault, dating violence, or stalking and is alleged to have been
44	46		committed by or against a person who was a student enrolled at or an
45	47		employee of the institution at the time of the incident shall
46	48		promptly report the incident to the institution's Title IX
47	49		coordinator or deputy Title IX coordinator.
48	50		(b) Except as provided by Subsection (c), the report must
49	51		include all information concerning the incident known to the
50	52		reporting person that is relevant to the investigation and, if
51	53		applicable, redress of the incident, including whether an alleged
52	54		victim has expressed a desire for confidentiality in reporting the
53	55		incident.
54	56		(c) An employee of a postsecondary educational institution
55	57		designated by the institution as a person with whom students may
56	58		speak confidentially concerning sexual harassment, sexual assault,
57	59		dating violence, or stalking or who receives information regarding
58	60		such an incident under circumstances that render the employee's
59	61		communications confidential or privileged under other law shall, in
60	62		making a report under this section, state only the type of incident
61	63		reported and may not include any information that would violate a
62	64		student's expectation of privacy. This subsection does not affect
63	65		the employee's duty to report an incident under any other law.
64	66		(d) Notwithstanding Subsection (a), a person is not
65	67		required to make a report under this section concerning:
66	68		(1) an incident in which the person was a victim of
67	69		sexual harassment, sexual assault, dating violence, or stalking; or
68	70		(2) an incident of which the person received
69	71		information due to a disclosure made at a sexual harassment, sexual
70	72		assault, dating violence, or stalking public awareness event
71	73		sponsored by a postsecondary educational institution or by a
72	74		student organization affiliated with the institution.
73	75		Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS.
74	76		(a) Not less than once every three months, the Title IX
75	77		coordinator of a postsecondary educational institution shall
76	78		submit to the institution's chief executive officer a written
77	79		report on the reports received under Section 51.252, including
78	80		information regarding:
79	81		(1) the investigation of those reports;
80	82		(2) the disposition, if any, of any disciplinary
81	83		processes arising from those reports; and
82	84		(3) the reports for which the institution determined
83	85		not to initiate a disciplinary process, if any.
84	86		(b) The Title IX coordinator or deputy Title IX coordinator
85	87		of a postsecondary educational institution shall immediately
86	88		report to the institution's chief executive officer an incident
87	89		reported to the coordinator under Section 51.252 if the coordinator
88	90		has cause to believe that the safety of any person is in imminent
89	91		danger as a result of the incident.
90	92		(c) Subject to Subsection (d), at least once during each
91	93		fall or spring semester, the chief executive officer of a
92	94		postsecondary educational institution shall submit to the
93	95		institution's governing body and post on the institution's Internet
94	96		website a report concerning the reports received under Section
95	97		51.252. The report:
96	98		(1) may not identify any person; and
97	99		(2) must include:
98	100		(A) the number of reports received under Section
99	101		51.252;
100	102		(B) the number of investigations conducted as a
101	103		result of those reports;
102	104		(C) the disposition, if any, of any disciplinary
103	105		processes arising from those reports;
104	106		(D) the number of those reports for which the
105	107		institution determined not to initiate a disciplinary process, if
106	108		any; and
107	109		(E) any disciplinary actions taken under Section
108	110		51.255.
109	111		(d) If for any semester a postsecondary educational
110	112		institution has fewer than 1,500 enrolled students, the chief
111	113		executive officer of the institution shall submit and post a report
112	114		required under Subsection (c) for that semester only if more than
113	115		five reports were received under Section 51.252 during that
114	116		semester.
115	117		Sec. 51.254. IMMUNITIES. (a) A person acting in good
116	118		faith who reports or assists in the investigation of a report of an
117	119		incident described by Section 51.252(a) or who testifies or
118	120		otherwise participates in a disciplinary process or judicial
119	121		proceeding arising from a report of such an incident:
120	122		(1) is immune from civil liability, and from criminal
121	123		liability for offenses punishable by fine only, that might
122	124		otherwise be incurred or imposed as a result of those actions; and
123	125		(2) may not be subjected to any disciplinary action by
124	126		the postsecondary educational institution at which the person is
125	127		enrolled or employed for any violation by the person of the
126	128		institution's code of conduct reasonably related to the incident
127	129		for which suspension or expulsion from the institution is not a
128	130		possible punishment.
129	131		(b) Subsection (a) does not apply to a person who
130	132		perpetrates or assists in the perpetration of the incident reported
131	133		under Section 51.252.
132	134		Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES.
133	135		(a) A person commits an offense if the person:
134	136		(1) is required to make a report under Section 51.252
135	137		and knowingly fails to make the report; or
136	138		(2) with the intent to harm or deceive, knowingly
137	139		makes a report under Section 51.252 that is false.
138	140		(b) An offense under Subsection (a) is a Class B
139	141		misdemeanor, except that the offense is a Class A misdemeanor if it
140	142		is shown on the trial of the offense that the actor intended to
141	143		conceal the incident that the actor was required to report under
142	144		Section 51.252.
143	145		(c) A postsecondary educational institution shall terminate
144	146		the employment of an employee whom the institution determines in
145	147		accordance with the institution's disciplinary procedure to have
146	148		committed an offense under Subsection (a).
147	149		Sec. 51.256. CONFIDENTIALITY. (a) Unless waived in
148	150		writing by the alleged victim, the identity of an alleged victim of
149	151		an incident reported under Section 51.252:
150	152		(1) is confidential and not subject to disclosure
151	153		under Chapter 552, Government Code; and
152	154		(2) may be disclosed only to:
153	155		(A) persons employed by or under contract with
154	156		the postsecondary educational institution to which the report is
155	157		made who are necessary to conduct an investigation of the report or
156	158		any related hearings;
157	159		(B) a law enforcement officer as necessary to
158	160		conduct a criminal investigation of the report;
159	161		(C) the person or persons alleged to have
160	162		perpetrated the incident, to the extent required by other law; or
161	163		(D) potential witnesses to the incident as
162	164		necessary to conduct an investigation of the report.
163	165		(b) A disclosure under Subsection (a) is not a voluntary
164	166		disclosure for purposes of Section 552.007, Government Code.
165	167		(c) Nothing in this section may be construed as prohibiting
166	168		a victim from making a report to a law enforcement agency using the
167	169		pseudonym form described by Article 57.02, Code of Criminal
168	170		Procedure.
169	171		Sec. 51.257. RETALIATION PROHIBITED. (a) A postsecondary
170	172		educational institution may not discipline or otherwise
171	173		discriminate against an employee who in good faith:
172	174		(1) makes a report as required by Section 51.252; or
173	175		(2) cooperates with an investigation, a disciplinary
174	176		process, or a judicial proceeding relating to a report made by the
175	177		employee as required by Section 51.252.
176	178		(b) Subsection (a) does not apply to an employee who:
177	179		(1) reports an incident described by Section 51.252(a)
178	180		perpetrated by the employee; or
179	181		(2) cooperates with an investigation, a disciplinary
180	182		process, or a judicial proceeding relating to an allegation that
181	183		the employee perpetrated an incident described by Section
182	184		51.252(a).
183	185		Sec. 51.258. COMPLIANCE. (a) The chief executive officer
184	186		of each postsecondary educational institution shall annually
185	187		certify in writing to the coordinating board that the institution
186	188		is in substantial compliance with this subchapter.
187	189		(b) If the coordinating board determines that a
188	190		postsecondary educational institution is not in substantial
189	191		compliance with this subchapter, the coordinating board may assess
190	192		an administrative penalty against the institution in an amount not
191	193		to exceed $2 million. In determining the amount of the penalty, the
192	194		coordinating board shall consider the nature of the violation and
193	195		the number of students enrolled at the institution.
194	196		(c) If the coordinating board assesses an administrative
195	197		penalty against a postsecondary educational institution under
196	198		Subsection (b), the coordinating board shall provide to the
197	199		institution written notice of the coordinating board's reasons for
198	200		assessing the penalty.
199	201		(d) A postsecondary educational institution assessed an
200	202		administrative penalty under Subsection (b) may appeal the penalty
201	203		in the manner provided by Chapter 2001, Government Code.
202	204		(e) A postsecondary educational institution may not pay an
203	205		administrative penalty assessed under Subsection (b) using state or
204	206		federal money.
205	207		(f) An administrative penalty collected under this section
206	208		shall be deposited to the credit of the sexual assault program fund
207	209		established under Section 420.008, Government Code.
208	210		(g) The coordinating board shall annually submit to the
209	211		governor, the lieutenant governor, the speaker of the house of
210	212		representatives, and the standing legislative committees with
211	213		primary jurisdiction over legislation concerning sexual assault at
212	214		postsecondary educational institutions a report regarding
213	215		compliance with this subchapter, including a summary of the
214	216		postsecondary educational institutions found not to be in
215	217		substantial compliance as provided by this section and any
216	218		penalties assessed under this section during the calendar year
217	219		preceding the date of the report.
218	220		Sec. 51.259. RULES. The coordinating board shall adopt
219	221		rules as necessary to implement and enforce this subchapter,
220	222		including rules that ensure implementation of this subchapter in a
221	223		manner that complies with federal law regarding confidentiality of
222	224		student educational information, including the Family Educational
223	225		Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). In
224	226		adopting those rules, the coordinating board shall use the
225	227		negotiated rulemaking procedures under Chapter 2008, Government
226	228		Code, and consult with relevant stakeholders.
227	229		Sec. 51.260. TRAINING ADVISORY COMMITTEE. (a) The
228	230		commissioner of higher education shall establish an advisory
229	231		committee to develop recommended training for persons required to
230	232		report certain incidents under Section 51.252 and for Title IX
231	233		coordinators and deputy Title IX coordinators at postsecondary
232	234		educational institutions.
233	235		(b) The advisory committee consists of nine members
234	236		appointed by the commissioner of higher education as follows:
235	237		(1) eight members who are a chief executive officer of
236	238		a postsecondary educational institution or a representative
237	239		designated by that officer; and
238	240		(2) one member who is a representative of an advocacy
239	241		organization for victims of sexual assault or family violence.
240	242		(c) Not later than December 1, 2019, the advisory committee
241	243		shall develop the recommended training under Subsection (a).
242	244		(d) This section expires September 1, 2020.
243	245		SECTION 2. Section 61.0331, Education Code, is amended to
244	246		read as follows:
245	247		Sec. 61.0331. NEGOTIATED RULEMAKING REQUIRED. The board
246	248		shall engage institutions of higher education in a negotiated
247	249		rulemaking process as described by Chapter 2008, Government Code,
248	250		when adopting a policy, procedure, or rule relating to:
249	251		(1) an admission policy regarding the common admission
250	252		application under Section 51.762, a uniform admission policy under
251	253		Section 51.807, graduate and professional admissions under Section
252	254		51.843, or the transfer of credit under Section 61.827;
253	255		(2) the allocation or distribution of funds, including
254	256		financial aid or other trusteed funds under Section 61.07761;
255	257		(3) the reevaluation of data requests under Section
256	258		51.406; [or]
257	259		(4) compliance monitoring under Section 61.035; or
258	260		(5) the reporting of certain incidents of sexual
259	261		harassment, sexual assault, dating violence, or stalking under
260	262		Subchapter E-2, Chapter 51.
261	263		SECTION 3. Section 420.008(b), Government Code, is amended
262	264		to read as follows:
263	265		(b) The fund consists of:
264	266		(1) fees collected under:
265	267		(A) [(1)] Article 42A.653(a), Code of Criminal
266	268		Procedure;
267	269		(B) [(2)] Section 508.189, Government Code; and
268	270		(C) [(3)] Subchapter B, Chapter 102, Business &
269	271		Commerce Code, and deposited under Section 102.054 of that code;
270	272		and
271	273		(2) administrative penalties collected under Section
272	274		51.258, Education Code.
273	275		SECTION 4. Sections 51.251-51.259, Education Code, as added
274	276		by this Act, and Section 61.0331, Education Code, as amended by this
275	277		Act, apply beginning January 1, 2020.
276	278		SECTION 5. Not later than January 1, 2021, the Texas Higher
277	279		Education Coordinating Board shall submit its initial report
278	280		required under Section 51.258(g), Education Code, as added by this
279	281		Act.
280	282		SECTION 6. (a) Except as provided by Subsections (b) and
281	283		(c) of this section, this Act takes effect September 1, 2019.
282	284		(b) Section 51.260, Education Code, as added by this Act,
283	285		takes effect immediately if this Act receives a vote of two-thirds
284	286		of all the members elected to each house, as provided by Section 39,
285	287		Article III, Texas Constitution. If this Act does not receive the
286	288		vote necessary for immediate effect, Section 51.260, Education
287	289		Code, as added by this Act, takes effect September 1, 2019.
288	290		(c) Section 51.255(a), Education Code, as added by this Act,
289	291		takes effect January 1, 2020.
290		-	______________________________ ______________________________
291		-	President of the Senate Speaker of the House
292		-	I hereby certify that S.B. No. 212 passed the Senate on
293		-	March 26, 2019, by the following vote: Yeas 31, Nays 0.
294		-	______________________________
295		-	Secretary of the Senate
296		-	I hereby certify that S.B. No. 212 passed the House on
297		-	May 22, 2019, by the following vote: Yeas 128, Nays 13, three
298		-	present not voting.
299		-	______________________________
300		-	Chief Clerk of the House
301		-	Approved:
302		-	______________________________
303		-	Date
304		-	______________________________
305		-	Governor