87R3857 TYPED
By: Zaffirini S.B. No. 36
A BILL TO BE ENTITLED
AN ACT
relating to the offense of hazing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.152(a), Education Code, is amended as
follows:
(a) A person commits an offense if the person:
(1) engages in hazing;
(2) solicits, encourages, directs, aids, or attempts
to aid another in engaging in hazing;
(3) recklessly permits hazing to occur; or
(4) has firsthand knowledge of the planning of a
specific hazing incident involving a student in an educational
institution, or has firsthand knowledge that a specific hazing
incident has occurred, and knowingly fails to report that knowledge
[in writing] to the dean of students, [or] another appropriate
official of the institution, a peace officer, or a law enforcement
agency.
SECTION 2. Section 37.155(b), Education Code, is amended to
read as follows:
(b) Any person, including an entity organized to support a
student group at an educational institution, who voluntarily
reports a specific hazing incident involving a student in an
educational institution to the dean of students, [or] another
appropriate official of the institution, a peace officer, or a law
enforcement agency is immune from civil or criminal liability that
might otherwise be incurred or imposed as a result of the reported
hazing incident if the person:
(1) reports the incident before being contacted by the
institution concerning the incident or otherwise being included in
the institution's investigation of the incident; and
(2) as determined by the dean of students or other
appropriate official of the institution designated by the
institution, cooperates in good faith throughout any institutional
process regarding the incident.
SECTION 3. Section 37.157, Education Code, is amended to
read as follows:
Sec. 37.157. REPORTING BY MEDICAL AUTHORITIES. A doctor or
other medical practitioner who treats a student who may have been
subjected to hazing activities:
(1) shall [may] report the suspected hazing activities
to police or other law enforcement officials; and
(2) is immune from civil or other liability that might
otherwise be imposed or incurred as a result of the report, unless
the report is made in bad faith or with malice.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For purposes
of this section, an offense was committed before the effective date
of this Act if any element of the offense was committed before that
date.
SECTION 5. Section 37.155, Education Code, as amended by
this Act, applies only to a civil cause of action that accrues on or
after the effective date of this Act. An action that accrued before
the effective date of this Act is governed by the law in effect at
the time the action accrued, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2021.