Bill Text: TX SB29 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-11 - Filed [SB29 Detail]
Download: Texas-2017-SB29-Introduced.html
| 85S10426 KJE-F | ||
| By: Huffman | S.B. No. 29 | |
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| relating to a reporting requirement for certain incidents of sexual | ||
| harassment, sexual assault, dating violence, or stalking at certain | ||
| public and private institutions of higher education; creating a | ||
| criminal offense; authorizing administrative penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 51, Education Code, is amended by adding | ||
| Subchapter E-2 to read as follows: | ||
| SUBCHAPTER E-2. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL | ||
| ASSAULT, DATING VIOLENCE, AND STALKING | ||
| Sec. 51.251. DEFINITIONS. In this subchapter: | ||
| (1) "Coordinating board" means the Texas Higher | ||
| Education Coordinating Board. | ||
| (2) "Dating violence" means abuse or violence, or a | ||
| threat of abuse or violence, against a person with whom the actor | ||
| has or has had a social relationship of a romantic or intimate | ||
| nature. | ||
| (3) "Postsecondary educational institution" means: | ||
| (A) an institution of higher education, as | ||
| defined by Section 61.003; and | ||
| (B) a private or independent institution of | ||
| higher education. | ||
| (4) "Private or independent institution of higher | ||
| education" has the meaning assigned by Section 61.003. | ||
| (5) "Sexual assault" means sexual contact or | ||
| intercourse with a person without the person's consent, including | ||
| sexual contact or intercourse against the person's will or in a | ||
| circumstance in which the person is incapable of consenting to the | ||
| contact or intercourse. | ||
| (6) "Sexual harassment" means unwelcome, sex-based | ||
| verbal or physical conduct that: | ||
| (A) in the employment context, unreasonably | ||
| interferes with a person's work performance or creates an | ||
| intimidating, hostile, or offensive work environment; or | ||
| (B) in the education context, is sufficiently | ||
| severe, persistent, or pervasive that the conduct interferes with a | ||
| student's ability to participate in or benefit from educational | ||
| programs or activities at a postsecondary educational institution. | ||
| (7) "Stalking" means a course of conduct directed at a | ||
| person that would cause a reasonable person to fear for the person's | ||
| safety or to suffer substantial emotional distress. | ||
| Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS. | ||
| (a) An employee of a postsecondary educational institution, or, | ||
| subject to Subsection (b), an officer of a student organization | ||
| registered with a postsecondary educational institution, who | ||
| witnesses or receives information regarding the occurrence of an | ||
| incident of sexual harassment, sexual assault, dating violence, or | ||
| stalking alleged to have been committed by or against a person who | ||
| was a student enrolled at or an employee of the institution at the | ||
| time of the incident shall promptly report the incident to the | ||
| institution's Title IX coordinator or deputy Title IX coordinator. | ||
| (b) An officer of a student organization registered with a | ||
| postsecondary educational institution is required to report an | ||
| incident under Subsection (a) only if the officer witnessed or | ||
| received information regarding the occurrence of the incident while | ||
| acting in the officer's official capacity, including while on the | ||
| premises of property owned by the student organization or at an | ||
| event held or sponsored by the student organization. | ||
| (c) Except as provided by Subsection (d) or (e), the report | ||
| must include all information concerning the incident known to the | ||
| reporting person that is relevant to the investigation and, if | ||
| applicable, redress of the incident, including whether an alleged | ||
| victim has expressed a desire for confidentiality or anonymity in | ||
| reporting the incident. | ||
| (d) In making a report under this section, an employee of a | ||
| postsecondary educational institution designated by the | ||
| institution as a person with whom students may speak confidentially | ||
| concerning sexual harassment, sexual assault, dating violence, or | ||
| stalking shall state only the type of incident reported and may not | ||
| include any information that would violate a student's expectation | ||
| of privacy. | ||
| (e) In making a report under this section, a student | ||
| organization officer to whom the alleged victim has expressed a | ||
| desire for confidentiality or anonymity in reporting the incident | ||
| shall state only the type of incident reported and may not include | ||
| any information that would violate the alleged victim's expectation | ||
| of privacy. | ||
| (f) Notwithstanding Subsection (a), a person is not | ||
| required to make a report under this section concerning an incident | ||
| in which the person was a victim of sexual harassment, sexual | ||
| assault, dating violence, or stalking. | ||
| Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS. | ||
| (a) Not less than once per month, the Title IX coordinator of a | ||
| postsecondary educational institution shall submit to the | ||
| institution's chief executive officer a written report on the | ||
| reports received under Section 51.252, including information | ||
| regarding: | ||
| (1) the investigation of those reports; | ||
| (2) the disposition, if any, of any disciplinary | ||
| processes arising from those reports; and | ||
| (3) the reports for which the institution determined | ||
| not to initiate a disciplinary process, if any. | ||
| (b) The Title IX coordinator of a postsecondary educational | ||
| institution shall immediately report to the institution's chief | ||
| executive officer an incident reported to the coordinator under | ||
| Section 51.252 if the coordinator has cause to believe that the | ||
| health or safety of any person is in imminent danger as a result of | ||
| the incident. | ||
| (c) At least once during each fall or spring semester, the | ||
| chief executive officer of a postsecondary educational institution | ||
| shall submit to the institution's governing body a report | ||
| concerning the reports received under Section 51.252. The report: | ||
| (1) may not identify any person; and | ||
| (2) must include: | ||
| (A) the number of reports received under Section | ||
| 51.252; | ||
| (B) the number of investigations conducted as a | ||
| result of those reports; | ||
| (C) the disposition, if any, of any disciplinary | ||
| processes arising from those reports; | ||
| (D) the number of those reports for which the | ||
| institution determined not to initiate a disciplinary process, if | ||
| any; and | ||
| (E) any disciplinary actions taken under Section | ||
| 51.255. | ||
| (d) A report submitted under Subsection (c) is public | ||
| information subject to disclosure under Chapter 552, Government | ||
| Code, and a private or independent institution of higher education | ||
| is a governmental body with respect to such a report for purposes of | ||
| that chapter. | ||
| Sec. 51.254. IMMUNITIES. (a) A person acting in good | ||
| faith who reports or assists in the investigation of a report of an | ||
| incident described by Section 51.252(a) or who testifies or | ||
| otherwise participates in a disciplinary process or judicial | ||
| proceeding arising from a report of such an incident: | ||
| (1) is immune from civil or criminal liability that | ||
| might otherwise be incurred or imposed as a result of those actions; | ||
| and | ||
| (2) may not be subjected to any disciplinary action by | ||
| the postsecondary educational institution at which the person is | ||
| enrolled or employed for any violation by the person of the | ||
| institution's code of conduct occurring in relation to the | ||
| incident. | ||
| (b) Subsection (a) does not apply to a person who | ||
| perpetrates or assists in the perpetration of the incident reported | ||
| under Section 51.252. | ||
| Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES. | ||
| (a) A postsecondary educational institution shall terminate the | ||
| employment of an employee who: | ||
| (1) is required to make a report under Section 51.252 | ||
| and fails to promptly make the report without good cause, as | ||
| determined by the institution; or | ||
| (2) with the intent to harm or deceive, knowingly | ||
| makes a report under Section 51.252 that is false. | ||
| (b) A postsecondary educational institution shall terminate | ||
| the employment of the institution's Title IX coordinator or chief | ||
| executive officer if the coordinator or officer fails to make a | ||
| report as required under Section 51.253. | ||
| (c) A postsecondary educational institution shall suspend | ||
| for at least one year or expel a student who: | ||
| (1) is required to make a report under Section 51.252 | ||
| and fails to promptly make the report without good cause, as | ||
| determined by the institution; or | ||
| (2) with the intent to harm or deceive, knowingly | ||
| makes a report under Section 51.252 that is false. | ||
| (d) A person commits an offense if the person is an employee | ||
| of a postsecondary educational institution and: | ||
| (1) is required to make a report under Section 51.252 | ||
| and knowingly fails to make the report; or | ||
| (2) with the intent to harm or deceive, knowingly | ||
| makes a report under Section 51.252 that is false. | ||
| (e) An offense under Subsection (d) is a Class B | ||
| misdemeanor, except that the offense is a Class A misdemeanor if it | ||
| is shown on the trial of the offense that the actor intended to | ||
| conceal the incident that the actor was required to report under | ||
| Section 51.252. | ||
| Sec. 51.256. CONFIDENTIALITY. (a) Unless waived in | ||
| writing by the alleged victim, the identity of an alleged victim of | ||
| an incident reported under Section 51.252: | ||
| (1) is confidential and not subject to disclosure | ||
| under Chapter 552, Government Code; and | ||
| (2) may be disclosed only to: | ||
| (A) the postsecondary educational institution to | ||
| which the report is made as necessary to conduct an investigation of | ||
| the report; or | ||
| (B) a law enforcement officer as necessary to | ||
| conduct a criminal investigation of the report. | ||
| (b) A disclosure under Subsection (a) is not a voluntary | ||
| disclosure for purposes of Section 552.007, Government Code. | ||
| Sec. 51.257. RETALIATION PROHIBITED. (a) A postsecondary | ||
| educational institution may not discipline or otherwise | ||
| discriminate against a student or an employee who in good faith: | ||
| (1) makes a report as required by Section 51.252; or | ||
| (2) cooperates with an investigation, a disciplinary | ||
| process, or a judicial proceeding relating to a report made by the | ||
| student or employee as required by Section 51.252. | ||
| (b) Subsection (a) does not apply to a student or an | ||
| employee who: | ||
| (1) reports an incident described by Section 51.252(a) | ||
| perpetrated by the student or employee; or | ||
| (2) cooperates with an investigation, a disciplinary | ||
| process, or a judicial proceeding relating to an allegation that | ||
| the student or employee perpetrated an incident described by | ||
| Section 51.252(a). | ||
| Sec. 51.258. COMPLIANCE. (a) The chief executive officer | ||
| of each postsecondary educational institution shall annually | ||
| certify in writing to the coordinating board that the institution | ||
| is in substantial compliance with this subchapter. | ||
| (b) If the coordinating board determines that a private or | ||
| independent institution of higher education is not in substantial | ||
| compliance with this subchapter, the coordinating board may assess | ||
| an administrative penalty against the institution in an amount not | ||
| to exceed $2 million. In determining the amount of the penalty, the | ||
| coordinating board shall consider the nature of the violation and | ||
| the number of students enrolled at the institution. | ||
| (c) If the coordinating board assesses an administrative | ||
| penalty against a private or independent institution of higher | ||
| education under Subsection (b), the coordinating board shall | ||
| provide to the institution written notice of the coordinating | ||
| board's reasons for assessing the penalty. | ||
| (d) A private or independent institution of higher | ||
| education assessed an administrative penalty under Subsection (b) | ||
| may appeal the penalty in the manner provided by Chapter 2001, | ||
| Government Code. | ||
| (e) A private or independent institution of higher | ||
| education may not pay an administrative penalty assessed under | ||
| Subsection (b) using state or federal money. | ||
| (f) An administrative penalty collected under this section | ||
| shall be deposited to the credit of the sexual assault program fund | ||
| established under Section 420.008, Government Code. | ||
| (g) The coordinating board shall annually submit to the | ||
| governor, the lieutenant governor, the speaker of the house of | ||
| representatives, and the standing legislative committees with | ||
| primary jurisdiction over legislation concerning sexual assault at | ||
| postsecondary educational institutions a report regarding | ||
| compliance with this subchapter, including a summary of the | ||
| postsecondary educational institutions found not to be in | ||
| substantial compliance as provided by this section during the | ||
| calendar year preceding the date of the report. | ||
| Sec. 51.259. RULES. The coordinating board shall adopt | ||
| rules as necessary to implement and enforce this subchapter, | ||
| including rules that ensure implementation of this subchapter in a | ||
| manner that complies with federal law regarding confidentiality of | ||
| student educational information, including the Family Educational | ||
| Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). | ||
| Sec. 51.260. TRAINING ADVISORY COMMITTEE. (a) The | ||
| commissioner of higher education shall establish an advisory | ||
| committee to develop recommended training for persons required to | ||
| report certain incidents under Section 51.252 and for Title IX | ||
| coordinators at postsecondary educational institutions. | ||
| (b) The advisory committee consists of nine members | ||
| appointed by the commissioner of higher education. Each member | ||
| must be a chief executive officer of a postsecondary educational | ||
| institution or a representative designated by that officer. | ||
| (c) Not later than December 1, 2017, the advisory committee | ||
| shall develop the recommended training under Subsection (a). | ||
| (d) This section expires September 1, 2018. | ||
| SECTION 2. Section 420.008(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) The fund consists of: | ||
| (1) fees collected under: | ||
| (A) [ |
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| Procedure; | ||
| (B) [ |
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| (C) [ |
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| Commerce Code, and deposited under Section 102.054; and | ||
| (2) administrative penalties collected under Section | ||
| 51.258, Education Code. | ||
| SECTION 3. Sections 51.251-51.259, Education Code, as added | ||
| by this Act, apply beginning January 1, 2018. | ||
| SECTION 4. Not later than January 1, 2019, the Texas Higher | ||
| Education Coordinating Board shall submit its initial report | ||
| required under Section 51.258(g), Education Code, as added by this | ||
| Act. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
