S.B. No. 36
AN ACT
relating to creation of a higher education task force focused on
mental health services and 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 to
read 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 other 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 an
organization, who voluntarily reports a specific hazing incident
involving a student in an educational institution to the dean of
students or other 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 or a law enforcement agency concerning the incident or
otherwise being included in the institution's or a law enforcement
agency'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:
(A) any institutional process regarding the
incident, as determined by the dean of students or other
appropriate official of the institution designated by the
institution; or
(B) any law enforcement agency's investigation
regarding the incident, as determined by the chief or other
appropriate official of the law enforcement agency designated by
the law enforcement agency.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.91931 to read as follows:
Sec. 51.91931. COLLABORATIVE TASK FORCE ON HIGHER EDUCATION
MENTAL HEALTH SERVICES. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Task force" means the Collaborative Task Force on
Higher Education Mental Health Services.
(b) The Collaborative Task Force on Higher Education Mental
Health Services is established to study and evaluate mental health
services provided at institutions of higher education directly to
students enrolled at the institution, including students who have
experienced hazing. The task force shall:
(1) research the capacity of institutions of higher
education to identify and address the mental health needs of
students, including students who have experienced hazing,
including for each institution:
(A) performing an equity analysis of the
provision of services at the institution, including analyzing the
number of mental health providers on campus, the length of time a
student must wait for an appointment, partner referrals, length of
treatment, and the types of services provided;
(B) the mental health provider-to-student
ratios;
(C) the number of community partnerships and
referrals for inpatient or outpatient mental health treatment;
(D) the total amount of funds and the total
amount of funds as a percentage of the institution's budget
allocated to direct mental health support services;
(E) campus-wide needs assessment of mental
health climate and student experiences accessing mental health
care; and
(F) staff and faculty mental health training
opportunities, such as mental health first aid and suicide
prevention initiatives, as well as staff and faculty opportunities
to receive mental health care;
(2) identify institutional, environmental, and social
barriers that directly impact student mental health and well-being,
including incidents of hazing; and
(3) explore innovative and effective approaches to
meeting the mental health needs of students, with specific focus on
first generation college students, students of color, economically
disadvantaged students, students who are parents, students of
various sexual orientations, survivors of sexual assault, students
who have experienced hazing, students who are immigrants, students
who are or were previously in the conservatorship of the Department
of Family and Protective Services, and students from rural
communities, including:
(A) stigma reduction and awareness initiatives;
(B) peer support initiatives;
(C) action plans based on campus assessment;
(D) recruiting and retaining counseling staff of
color;
(E) telehealth accessibility and expansion; and
(F) addressing trauma and cultivating
resiliency.
(c) The task force is composed of:
(1) the commissioner of higher education or the
commissioner's designee;
(2) the following additional members appointed by the
commissioner of higher education:
(A) three students who are enrolled at an
institution of higher education in this state, at least one of whom
is enrolled in a certificate program or a junior college;
(B) two persons who provide mental health
services at an institution of higher education and who are:
(i) a psychologist, as defined by Section
501.002, Occupations Code;
(ii) a licensed professional counselor, as
defined by Section 503.002, Occupations Code; or
(iii) a licensed clinical social worker, as
defined by Section 505.002, Occupations Code;
(C) one person who is a psychiatrist;
(D) two persons who are higher education
administrators and who oversee the provision of mental health
services at an institution of higher education;
(E) one person who is a member of a foundation
that invests in mental health services provided at institutions of
higher education;
(F) one person who is an employee of an
institution of higher education designated under Subsection (k) or
(l); and
(G) three people who are employees of nonprofit
organizations that specialize in mental health for young adults or
college students; and
(3) for any other entity the task force considers
necessary, one person appointed by the task force for each such
entity.
(d) Persons appointed to serve on the task force shall be
selected to represent the racial, ethnic, and socioeconomic
diversity of this state.
(e) Chapter 2110, Government Code, does not apply to the
task force.
(f) The commissioner of higher education is designated as
the interim presiding officer for purposes of calling and
conducting the initial meeting of the task force.
(g) The task force:
(1) shall at its initial meeting select a presiding
officer from among its members for the purpose of calling and
conducting meetings; and
(2) may select an assistant presiding officer and a
secretary from among its members.
(h) A member of the task force may not receive compensation
or reimbursement for service on the task force.
(i) After its initial meeting, the task force shall meet at
least twice each year at a time and place determined by the
presiding officer. The task force may meet at other times the task
force considers appropriate. The presiding officer may call a
meeting on the presiding officer's own motion.
(j) The task force may meet by teleconference.
(k) The commissioner of higher education shall designate
one institution of higher education with experience in evaluating
mental health services to serve as the lead institution for the task
force. The institution designated under this subsection shall
provide faculty, staff, and administrative support services to the
task force as determined necessary by the task force.
(l) The commissioner of higher education shall designate
two institutions of higher education with experience in evaluating
mental health services to assist the task force and the lead
institution.
(m) In making a designation under Subsections (k) and (l),
the commissioner of higher education shall give preference to at
least one predominantly black institution, as defined by 20 U.S.C.
Section 1067q(c)(9).
(n) The coordinating board shall maintain the data
collected by the task force and the work product of the task force.
(o) The task force shall ensure that data gathered,
information studied, and evaluations conducted under this section:
(1) are collected and maintained in compliance with
federal law regarding confidentiality of student medical or
educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and any state law relating to the privacy of student or
health information; and
(2) may not be shared with a federal agency or state
agency, except as otherwise provided by law.
(p) The coordinating board may accept gifts, grants, or
donations on behalf of the task force to carry out the task force's
duties under this section.
(q) Not later than December 1, 2024, the task force shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the coordinating board a report of
the results of the task force's activities conducted under this
section and any recommendations for legislative or other action.
(r) The task force is abolished and this section expires
September 1, 2025.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 36 passed the Senate on
April 8, 2021, by the following vote: Yeas 29, Nays 1; and that
the Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 36 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 97,
Nays 49, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor