Bill Text: TX HB1096 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring public institutions of higher education to establish a policy and prevention and outreach program on campus sexual assault, family violence, and stalking.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2017-03-22 - Left pending in committee [HB1096 Detail]
Download: Texas-2017-HB1096-Introduced.html
| 85R4389 KJE-D | ||
| By: Canales | H.B. No. 1096 | |
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| relating to requiring public institutions of higher education to | ||
| establish a policy and prevention and outreach program on campus | ||
| sexual assault, family violence, and stalking. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.9363, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 51.9363. CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND | ||
| STALKING POLICY AND PREVENTION. (a) In this section: | ||
| (1) "Coordinating board" means the Texas Higher | ||
| Education Coordinating Board. | ||
| (2) "Family violence" has the meaning assigned by | ||
| Section 71.004, Family Code. | ||
| (3) "Institution [ |
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| education" has the meaning assigned by Section 61.003. | ||
| (b) Each institution of higher education shall adopt a | ||
| policy on campus sexual assault, family violence, and stalking. The | ||
| policy must: | ||
| (1) include: | ||
| (A) definitions of prohibited behavior; | ||
| (B) sanctions for violations; and | ||
| (C) the protocol for reporting and responding to | ||
| reports of campus sexual assault, family violence, and stalking; | ||
| and | ||
| (2) be approved by the institution's governing board | ||
| before final adoption by the institution. | ||
| (c) Each institution of higher education shall make the | ||
| institution's campus sexual assault, family violence, and stalking | ||
| policy available to students, faculty, and staff members by: | ||
| (1) including the policy in the institution's student | ||
| handbook and personnel handbook; and | ||
| (2) creating and maintaining a web page on the | ||
| institution's Internet website dedicated solely to the policy. | ||
| (d) Each institution of higher education shall require each | ||
| entering freshman or undergraduate transfer student to attend an | ||
| orientation on the institution's campus sexual assault, family | ||
| violence, and stalking policy before or during the first semester | ||
| or term in which the student is enrolled at the institution. The | ||
| institution shall establish the format and content of the | ||
| orientation. The orientation must include the information | ||
| described by Subsection (e)(2). | ||
| (e) Each institution of higher education shall develop and | ||
| implement a comprehensive prevention and outreach program on campus | ||
| sexual assault, family violence, and stalking. The program must: | ||
| (1) address a range of strategies to prevent campus | ||
| sexual assault, family violence, and stalking, including a victim | ||
| empowerment program, a public awareness campaign, primary | ||
| prevention, bystander intervention, and risk reduction; and | ||
| (2) provide to all students enrolled at the | ||
| institution and all student organizations recognized by or | ||
| registered with the institution information regarding the | ||
| institution's campus sexual assault, family violence, and stalking | ||
| policy, including what constitutes consent to sexual activity and | ||
| the rights and responsibilities of students under the policy. | ||
| (f) Each biennium, each institution of higher education | ||
| shall review the institution's campus sexual assault, family | ||
| violence, and stalking policy and, with approval of the | ||
| institution's governing board, revise the policy as necessary. | ||
| (g) An institution of higher education may not receive any | ||
| state funding for a fiscal year following a year in which the | ||
| coordinating board determines that the institution has not | ||
| substantially complied with the requirements under this section. | ||
| (h) The coordinating board may adopt rules as necessary to | ||
| enforce this section. | ||
| SECTION 2. Section 51.9363, Education Code, as amended by | ||
| this Act, applies beginning with the 2018 spring semester. | ||
| SECTION 3. 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 September 1, 2017. | ||
