Texas 2019 - 86th Regular

Texas Senate Bill SB38 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 38
	1	+	By: Zaffirini, et al. S.B. No. 38
	2	+	(Lozano, Frullo)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the offense of hazing.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7		-	SECTION 1. Sections 37.151(5) and (6), Education Code, are
8		-	amended to read as follows:
9		-	(5) "Organization" means a fraternity, sorority,
10		-	association, corporation, order, society, corps, club, or student
11		-	government, a band or musical group or an academic, athletic,
12		-	cheerleading, or dance team, including any group or team that
13		-	participates in National Collegiate Athletic Association
14		-	competition, or a service, social, or similar group, whose members
15		-	are primarily students.
	9	+	SECTION 1. Section 37.151(6), Education Code, is amended to
	10	+	read as follows:
16	11		(6) "Hazing" means any intentional, knowing, or
17	12		reckless act, occurring on or off the campus of an educational
18	13		institution, by one person alone or acting with others, directed
19	14		against a student[, that endangers the mental or physical health or
20	15		safety of a student] for the purpose of pledging, being initiated
21	16		into, affiliating with, holding office in, or maintaining
22	17		membership in an organization if the act:
23	18		(A) is[. The term includes:
24	19		[(A)] any type of physical brutality, such as
25	20		whipping, beating, striking, branding, electronic shocking,
26	21		placing of a harmful substance on the body, or similar activity;
27	22		(B) involves [any type of physical activity, such
28	23		as] sleep deprivation, exposure to the elements, confinement in a
29	24		small space, calisthenics, or other similar activity that subjects
30	25		the student to an unreasonable risk of harm or that adversely
31	26		affects the mental or physical health or safety of the student;
32	27		(C) involves [any activity involving]
33	28		consumption of a food, liquid, alcoholic beverage, liquor, drug, or
34		-	other substance, other than as described by Paragraph (E), that
	29	+	other substance, other than as described by Paragraph (F), that
35	30		subjects the student to an unreasonable risk of harm or that
36	31		adversely affects the mental or physical health or safety of the
37	32		student;
38	33		(D) is [any activity that intimidates or
39	34		threatens the student with ostracism, that subjects the student to
40	35		extreme mental stress, shame, or humiliation, that adversely
41	36		affects the mental health or dignity of the student or discourages
42	37		the student from entering or remaining registered in an educational
43	38		institution, or that may reasonably be expected to cause a student
44	39		to leave the organization or the institution rather than submit to
45	40		acts described in this subdivision; and
46	41		[(E)] any activity that induces, causes, or
47	42		requires the student to perform a duty or task that involves a
48	43		violation of the Penal Code; or
49	44		(E) involves coercing, as defined by Section
50		-	1.07, Penal Code, the student to consume:
51		-	(i) a drug; or
52		-	(ii) an alcoholic beverage or liquor in an
53		-	amount that would lead a reasonable person to believe that the
54		-	student is intoxicated, as defined by Section 49.01, Penal Code.
	45	+	1.07, Penal Code, the student to consume an alcoholic beverage,
	46	+	liquor, or drug.
55	47		SECTION 2. Section 37.155, Education Code, is amended to
56	48		read as follows:
57	49		Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY
58	50		AVAILABLE. (a) In the prosecution of an offense under this
59	51		subchapter, the court may grant immunity from prosecution for the
60	52		offense to each person who is subpoenaed to testify for the
61	53		prosecution and who does testify for the prosecution.
62	54		(b) Any person who voluntarily reports [reporting] a
63	55		specific hazing incident involving a student in an educational
64	56		institution to the dean of students or other appropriate official
65	57		of the institution is immune from civil or criminal liability that
66	58		might otherwise be incurred or imposed as a result of the reported
67	59		hazing incident if the person:
68	60		(1) reports the incident before being contacted by the
69	61		institution concerning the incident or otherwise being included in
70	62		the institution's investigation of the incident; and
71	63		(2) as determined by the dean of students or other
72	64		appropriate official of the institution designated by the
73	65		institution, cooperates in good faith throughout any institutional
74	66		process regarding the incident [report].
75	67		(c) Immunity under Subsection (b) extends to participation
76	68		in any judicial proceeding resulting from the report.
77	69		(d) A person is not immune under Subsection (b) if the
78	70		person:
79	71		(1) reports the person's own act of hazing; or
80	72		(2) reports an incident of hazing [reporting] in bad
81	73		faith or with malice [is not protected by this section].
82	74		SECTION 3. Subchapter F, Chapter 37, Education Code, is
83	75		amended by adding Section 37.158 to read as follows:
84	76		Sec. 37.158. VENUE. (a) In this section, "prosecuting
85	77		attorney" means a county attorney, district attorney, or criminal
86	78		district attorney.
87	79		(b) An offense under this subchapter may be prosecuted:
88	80		(1) in any county in which the offense may be
89	81		prosecuted under other law; or
90	82		(2) if the consent required by Subsection (c) is
91	83		provided, in a county, other than a county described by Subdivision
92	84		(1), in which is located the educational institution campus at
93	85		which a victim of the offense is enrolled.
94	86		(c) An offense under this subchapter may be prosecuted in a
95	87		county described by Subsection (b)(2) only with the written consent
96	88		of a prosecuting attorney of a county described by Subsection
97	89		(b)(1) who has authority to prosecute an offense under this
98	90		subchapter.
99	91		SECTION 4. Section 51.936, Education Code, is amended by
100	92		amending Subsection (c) and adding Subsections (c-1) and (c-2) to
101	93		read as follows:
102	94		(c) Not later than the 14th day before the first class day of
103	95		each fall or spring semester, each [Each] postsecondary educational
104	96		institution shall distribute to each student enrolled at the
105	97		institution [during the first three weeks of each semester]:
106	98		(1) a summary of the provisions of Subchapter F,
107	99		Chapter 37; and
108	100		(2) a copy of, or an electronic link to a copy of, the
109	101		report required under Subsection (c-1) [list of organizations that
110	102		have been disciplined for hazing or convicted for hazing on or off
111	103		the campus of the institution during the preceding three years].
112	104		(c-1) Each postsecondary educational institution shall
113	105		develop and post in a prominent location on the institution's
114	106		Internet website a report on hazing committed on or off campus by an
115	107		organization registered with or recognized by the institution. The
116	108		report:
117	109		(1) must include information regarding each
118	110		disciplinary action taken by the institution against an
119	111		organization for hazing, and each conviction of hazing under
120	112		Section 37.153 by an organization, during the three years preceding
121	113		the date on which the report is issued or updated, including:
122	114		(A) the name of the organization disciplined or
123	115		convicted;
124	116		(B) the date on which the incident occurred or
125	117		the citation was issued, if applicable;
126	118		(C) the date on which the institution's
127	119		investigation into the incident, if any, was initiated;
128	120		(D) a general description of:
129	121		(i) the incident;
130	122		(ii) the violations of the institution's
131	123		code of conduct or the criminal charges, as applicable;
132	124		(iii) the findings of the institution or
133	125		court; and
134	126		(iv) any sanctions imposed by the
135	127		institution, or any fines imposed by the court, on the
136	128		organization; and
137	129		(E) the date on which the institution's
138	130		disciplinary process was resolved or on which the conviction became
139	131		final;
140	132		(2) must be updated to include information regarding
141	133		each disciplinary process or conviction not later than the 30th day
142	134		after the date on which the disciplinary process is resolved or the
143	135		conviction becomes final, as applicable; and
144	136		(3) may not include personally identifiable student
145	137		information and must comply with the Family Educational Rights and
146	138		Privacy Act of 1974 (20 U.S.C. Section 1232g).
147	139		(c-2) Each postsecondary educational institution shall
148	140		provide to each student who attends the institution's student
149	141		orientation a notice regarding the nature and availability of the
150	142		report required under Subsection (c-1), including the report's
151	143		Internet website address.
152	144		SECTION 5. The change in law made by this Act applies only
153	145		to an offense committed on or after the effective date of this Act.
154	146		An offense committed before the effective date of this Act is
155	147		governed by the law in effect when the offense was committed, and
156	148		the former law is continued in effect for that purpose. For
157	149		purposes of this section, an offense was committed before the
158	150		effective date of this Act if any element of the offense was
159	151		committed before that date.
160	152		SECTION 6. Section 37.155, Education Code, as amended by
161	153		this Act, applies only to a civil cause of action that accrues on or
162	154		after the effective date of this Act. An action that accrued before
163	155		the effective date of this Act is governed by the law in effect at
164	156		the time the action accrued, and that law is continued in effect for
165	157		that purpose.
166	158		SECTION 7. Section 51.936(c), Education Code, as amended by
167	159		this Act, and Section 51.936(c-2), Education Code, as added by this
168	160		Act, apply beginning with the 2020 spring semester.
169	161		SECTION 8. Not later than January 1, 2020, each
170	162		postsecondary educational institution shall develop and post on the
171	163		institution's Internet website the report required under Section
172	164		51.936(c-1), Education Code, as added by this Act.
173	165		SECTION 9. This Act takes effect September 1, 2019.
174		-	______________________________ ______________________________
175		-	President of the Senate Speaker of the House
176		-	I hereby certify that S.B. No. 38 passed the Senate on
177		-	April 11, 2019, by the following vote: Yeas 26, Nays 5; and that
178		-	the Senate concurred in House amendments on May 23, 2019, by the
179		-	following vote: Yeas 30, Nays 1.
180		-	______________________________
181		-	Secretary of the Senate
182		-	I hereby certify that S.B. No. 38 passed the House, with
183		-	amendments, on May 17, 2019, by the following vote: Yeas 131,
184		-	Nays 15, one present not voting.
185		-	______________________________
186		-	Chief Clerk of the House
187		-	Approved:
188		-	______________________________
189		-	Date
190		-	______________________________
191		-	Governor