Texas 2021 - 87th Regular

Texas Senate Bill SB36 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 36
	1	+	By: Zaffirini S.B. No. 36
	2	+	(Turner of Tarrant)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to creation of a higher education task force focused on
6		-	mental health services and the offense of hazing.
	7	+	relating to the offense of hazing.
7	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	9		SECTION 1. Section 37.152(a), Education Code, is amended to
9	10		read as follows:
10	11		(a) A person commits an offense if the person:
11	12		(1) engages in hazing;
12	13		(2) solicits, encourages, directs, aids, or attempts
13	14		to aid another in engaging in hazing;
14	15		(3) recklessly permits hazing to occur; or
15	16		(4) has firsthand knowledge of the planning of a
16	17		specific hazing incident involving a student in an educational
17	18		institution, or has firsthand knowledge that a specific hazing
18	19		incident has occurred, and knowingly fails to report that knowledge
19	20		[in writing] to the dean of students or other appropriate official
20	21		of the institution, a peace officer, or a law enforcement agency.
21	22		SECTION 2. Section 37.155(b), Education Code, is amended to
22	23		read as follows:
23	24		(b) Any person, including an entity organized to support an
24	25		organization, who voluntarily reports a specific hazing incident
25	26		involving a student in an educational institution to the dean of
26	27		students or other appropriate official of the institution, a peace
27	28		officer, or a law enforcement agency is immune from civil or
28	29		criminal liability that might otherwise be incurred or imposed as a
29	30		result of the reported hazing incident if the person:
30	31		(1) reports the incident before being contacted by the
31	32		institution or a law enforcement agency concerning the incident or
32	33		otherwise being included in the institution's or a law enforcement
33	34		agency's investigation of the incident; and
34	35		(2) [as determined by the dean of students or other
35	36		appropriate official of the institution designated by the
36	37		institution,] cooperates in good faith throughout:
37	38		(A) any institutional process regarding the
38	39		incident, as determined by the dean of students or other
39	40		appropriate official of the institution designated by the
40	41		institution; or
41	42		(B) any law enforcement agency's investigation
42	43		regarding the incident, as determined by the chief or other
43	44		appropriate official of the law enforcement agency designated by
44	45		the law enforcement agency.
45		-	SECTION 3. Subchapter Z, Chapter 51, Education Code, is
46		-	amended by adding Section 51.91931 to read as follows:
47		-	Sec. 51.91931. COLLABORATIVE TASK FORCE ON HIGHER EDUCATION
48		-	MENTAL HEALTH SERVICES. (a) In this section:
49		-	(1) "Coordinating board" means the Texas Higher
50		-	Education Coordinating Board.
51		-	(2) "Institution of higher education" has the meaning
52		-	assigned by Section 61.003.
53		-	(3) "Task force" means the Collaborative Task Force on
54		-	Higher Education Mental Health Services.
55		-	(b) The Collaborative Task Force on Higher Education Mental
56		-	Health Services is established to study and evaluate mental health
57		-	services provided at institutions of higher education directly to
58		-	students enrolled at the institution, including students who have
59		-	experienced hazing. The task force shall:
60		-	(1) research the capacity of institutions of higher
61		-	education to identify and address the mental health needs of
62		-	students, including students who have experienced hazing,
63		-	including for each institution:
64		-	(A) performing an equity analysis of the
65		-	provision of services at the institution, including analyzing the
66		-	number of mental health providers on campus, the length of time a
67		-	student must wait for an appointment, partner referrals, length of
68		-	treatment, and the types of services provided;
69		-	(B) the mental health provider-to-student
70		-	ratios;
71		-	(C) the number of community partnerships and
72		-	referrals for inpatient or outpatient mental health treatment;
73		-	(D) the total amount of funds and the total
74		-	amount of funds as a percentage of the institution's budget
75		-	allocated to direct mental health support services;
76		-	(E) campus-wide needs assessment of mental
77		-	health climate and student experiences accessing mental health
78		-	care; and
79		-	(F) staff and faculty mental health training
80		-	opportunities, such as mental health first aid and suicide
81		-	prevention initiatives, as well as staff and faculty opportunities
82		-	to receive mental health care;
83		-	(2) identify institutional, environmental, and social
84		-	barriers that directly impact student mental health and well-being,
85		-	including incidents of hazing; and
86		-	(3) explore innovative and effective approaches to
87		-	meeting the mental health needs of students, with specific focus on
88		-	first generation college students, students of color, economically
89		-	disadvantaged students, students who are parents, students of
90		-	various sexual orientations, survivors of sexual assault, students
91		-	who have experienced hazing, students who are immigrants, students
92		-	who are or were previously in the conservatorship of the Department
93		-	of Family and Protective Services, and students from rural
94		-	communities, including:
95		-	(A) stigma reduction and awareness initiatives;
96		-	(B) peer support initiatives;
97		-	(C) action plans based on campus assessment;
98		-	(D) recruiting and retaining counseling staff of
99		-	color;
100		-	(E) telehealth accessibility and expansion; and
101		-	(F) addressing trauma and cultivating
102		-	resiliency.
103		-	(c) The task force is composed of:
104		-	(1) the commissioner of higher education or the
105		-	commissioner's designee;
106		-	(2) the following additional members appointed by the
107		-	commissioner of higher education:
108		-	(A) three students who are enrolled at an
109		-	institution of higher education in this state, at least one of whom
110		-	is enrolled in a certificate program or a junior college;
111		-	(B) two persons who provide mental health
112		-	services at an institution of higher education and who are:
113		-	(i) a psychologist, as defined by Section
114		-	501.002, Occupations Code;
115		-	(ii) a licensed professional counselor, as
116		-	defined by Section 503.002, Occupations Code; or
117		-	(iii) a licensed clinical social worker, as
118		-	defined by Section 505.002, Occupations Code;
119		-	(C) one person who is a psychiatrist;
120		-	(D) two persons who are higher education
121		-	administrators and who oversee the provision of mental health
122		-	services at an institution of higher education;
123		-	(E) one person who is a member of a foundation
124		-	that invests in mental health services provided at institutions of
125		-	higher education;
126		-	(F) one person who is an employee of an
127		-	institution of higher education designated under Subsection (k) or
128		-	(l); and
129		-	(G) three people who are employees of nonprofit
130		-	organizations that specialize in mental health for young adults or
131		-	college students; and
132		-	(3) for any other entity the task force considers
133		-	necessary, one person appointed by the task force for each such
134		-	entity.
135		-	(d) Persons appointed to serve on the task force shall be
136		-	selected to represent the racial, ethnic, and socioeconomic
137		-	diversity of this state.
138		-	(e) Chapter 2110, Government Code, does not apply to the
139		-	task force.
140		-	(f) The commissioner of higher education is designated as
141		-	the interim presiding officer for purposes of calling and
142		-	conducting the initial meeting of the task force.
143		-	(g) The task force:
144		-	(1) shall at its initial meeting select a presiding
145		-	officer from among its members for the purpose of calling and
146		-	conducting meetings; and
147		-	(2) may select an assistant presiding officer and a
148		-	secretary from among its members.
149		-	(h) A member of the task force may not receive compensation
150		-	or reimbursement for service on the task force.
151		-	(i) After its initial meeting, the task force shall meet at
152		-	least twice each year at a time and place determined by the
153		-	presiding officer. The task force may meet at other times the task
154		-	force considers appropriate. The presiding officer may call a
155		-	meeting on the presiding officer's own motion.
156		-	(j) The task force may meet by teleconference.
157		-	(k) The commissioner of higher education shall designate
158		-	one institution of higher education with experience in evaluating
159		-	mental health services to serve as the lead institution for the task
160		-	force. The institution designated under this subsection shall
161		-	provide faculty, staff, and administrative support services to the
162		-	task force as determined necessary by the task force.
163		-	(l) The commissioner of higher education shall designate
164		-	two institutions of higher education with experience in evaluating
165		-	mental health services to assist the task force and the lead
166		-	institution.
167		-	(m) In making a designation under Subsections (k) and (l),
168		-	the commissioner of higher education shall give preference to at
169		-	least one predominantly black institution, as defined by 20 U.S.C.
170		-	Section 1067q(c)(9).
171		-	(n) The coordinating board shall maintain the data
172		-	collected by the task force and the work product of the task force.
173		-	(o) The task force shall ensure that data gathered,
174		-	information studied, and evaluations conducted under this section:
175		-	(1) are collected and maintained in compliance with
176		-	federal law regarding confidentiality of student medical or
177		-	educational information, including the Health Insurance
178		-	Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
179		-	et seq.) and any state law relating to the privacy of student or
180		-	health information; and
181		-	(2) may not be shared with a federal agency or state
182		-	agency, except as otherwise provided by law.
183		-	(p) The coordinating board may accept gifts, grants, or
184		-	donations on behalf of the task force to carry out the task force's
185		-	duties under this section.
186		-	(q) Not later than December 1, 2024, the task force shall
187		-	submit to the governor, the lieutenant governor, the speaker of the
188		-	house of representatives, and the coordinating board a report of
189		-	the results of the task force's activities conducted under this
190		-	section and any recommendations for legislative or other action.
191		-	(r) The task force is abolished and this section expires
192		-	September 1, 2025.
193		-	SECTION 4. The change in law made by this Act applies only
	46	+	SECTION 3. The change in law made by this Act applies only
194	47		to an offense committed on or after the effective date of this Act.
195	48		An offense committed before the effective date of this Act is
196	49		governed by the law in effect when the offense was committed, and
197	50		the former law is continued in effect for that purpose. For
198	51		purposes of this section, an offense was committed before the
199	52		effective date of this Act if any element of the offense was
200	53		committed before that date.
201		-	SECTION 5. Section 37.155, Education Code, as amended by
	54	+	SECTION 4. Section 37.155, Education Code, as amended by
202	55		this Act, applies only to a civil cause of action that accrues on or
203	56		after the effective date of this Act. An action that accrued before
204	57		the effective date of this Act is governed by the law in effect at
205	58		the time the action accrued, and that law is continued in effect for
206	59		that purpose.
207		-	SECTION 6. This Act takes effect September 1, 2021.
208		-	______________________________ ______________________________
209		-	President of the Senate Speaker of the House
210		-	I hereby certify that S.B. No. 36 passed the Senate on
211		-	April 8, 2021, by the following vote: Yeas 29, Nays 1; and that
212		-	the Senate concurred in House amendment on May 29, 2021, by the
213		-	following vote: Yeas 31, Nays 0.
214		-	______________________________
215		-	Secretary of the Senate
216		-	I hereby certify that S.B. No. 36 passed the House, with
217		-	amendment, on May 26, 2021, by the following vote: Yeas 97,
218		-	Nays 49, two present not voting.
219		-	______________________________
220		-	Chief Clerk of the House
221		-	Approved:
222		-	______________________________
223		-	Date
224		-	______________________________
225		-	Governor
	60	+	SECTION 5. This Act takes effect September 1, 2021.