Texas 2023 - 88th Regular

Texas Senate Bill SB37 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 37
2	2
3	3
4	4	AN ACT
5	5	relating to the criminal offense of hazing.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 37.152(a), Education Code, is amended to
8	8	read as follows:
9	9	(a) A person commits an offense if the person:
10	10	(1) engages in hazing;
11	11	(2) solicits, encourages, directs, aids, or attempts
12	12	to aid another in engaging in hazing;
13	13	(3) recklessly permits hazing to occur; or
14	14	(4) has firsthand knowledge of the planning of a
15	15	specific hazing incident involving a student in an educational
16	16	institution, or has firsthand knowledge that a specific hazing
17	17	incident has occurred, and knowingly fails to report that knowledge
18	18	[in writing] to the dean of students or other appropriate official
19	19	of the institution, a peace officer, or a law enforcement agency.
20	20	SECTION 2. Section 37.155(b), Education Code, is amended to
21	21	read as follows:
22	22	(b) Any person, including an entity organized to support an
23	23	organization, who voluntarily reports a specific hazing incident
24	24	involving a student in an educational institution to the dean of
25	25	students or other appropriate official of the institution, a peace
26	26	officer, or a law enforcement agency is immune from civil or
27	27	criminal liability that might otherwise be incurred or imposed as a
28	28	result of the reported hazing incident if the person:
29	29	(1) reports the incident before being contacted by the
30	30	institution or a law enforcement agency concerning the incident or
31	31	otherwise being included in the institution's or a law enforcement
32	32	agency's investigation of the incident; and
33	33	(2) [as determined by the dean of students or other
34	34	appropriate official of the institution designated by the
35	35	institution,] cooperates in good faith throughout:
36	36	(A) any institutional process regarding the
37	37	incident, as determined by the dean of students or other
38	38	appropriate official of the institution designated by the
39	39	institution; or
40	40	(B) any law enforcement agency's investigation
41	41	regarding the incident, as determined by the chief or other
42	42	appropriate official of the law enforcement agency designated by
43	43	the law enforcement agency.
44	44	SECTION 3. The change in law made by this Act applies only
45	45	to an offense committed on or after the effective date of this Act.
46	46	An offense committed before the effective date of this Act is
47	47	governed by the law in effect when the offense was committed, and
48	48	the former law is continued in effect for that purpose. For
49	49	purposes of this section, an offense was committed before the
50	50	effective date of this Act if any element of the offense was
51	51	committed before that date.
52	52	SECTION 4. Section 37.155, Education Code, as amended by
53	53	this Act, applies only to a civil cause of action that accrues on or
54	54	after the effective date of this Act. An action that accrued before
55	55	the effective date of this Act is governed by the law in effect at
56	56	the time the action accrued, and that law is continued in effect for
57	57	that purpose.
58	58	SECTION 5. This Act takes effect September 1, 2023.
59	59	______________________________ ______________________________
60	60	President of the Senate Speaker of the House
61	61	I hereby certify that S.B. No. 37 passed the Senate on
62	62	April 3, 2023, by the following vote: Yeas 31, Nays 0.
63	63	______________________________
64	64	Secretary of the Senate
65	65	I hereby certify that S.B. No. 37 passed the House on
66	66	May 19, 2023, by the following vote: Yeas 123, Nays 20, two
67	67	present not voting.
68	68	______________________________
69	69	Chief Clerk of the House
70	70	Approved:
71	71	______________________________
72	72	Date
73	73	______________________________
74	74	Governor