Bill Text: TX SB36 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the offense of hazing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [SB36 Detail]

Download: Texas-2021-SB36-Introduced.html
  87R3857 TYPED
 
  By: Zaffirini S.B. No. 36
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to 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 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] another 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 a
  student group at an educational institution, who voluntarily
  reports a specific hazing incident involving a student in an
  educational institution to the dean of students, [or] another
  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 concerning the incident or otherwise being included in
  the institution'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 any institutional
  process regarding the incident.
         SECTION 3.  Section 37.157, Education Code, is amended to
  read as follows:
         Sec. 37.157.  REPORTING BY MEDICAL AUTHORITIES. A doctor or
  other medical practitioner who treats a student who may have been
  subjected to hazing activities:
               (1)  shall [may] report the suspected hazing activities
  to police or other law enforcement officials; and
               (2)  is immune from civil or other liability that might
  otherwise be imposed or incurred as a result of the report, unless
  the report is made in bad faith or with malice.
         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.
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