Bill Text: TX SB962 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring public institutions of higher education to develop and establish an online reporting system for sex offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-01 - Referred to State Affairs [SB962 Detail]
Download: Texas-2017-SB962-Introduced.html
| 85R4804 KJE-D | ||
| By: Garcia | S.B. No. 962 | |
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| relating to requiring public institutions of higher education to | ||
| develop and establish an online reporting system for sex offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9365 to read as follows: | ||
| Sec. 51.9365. ONLINE REPORTING SYSTEM FOR SEX OFFENSES. | ||
| (a) In this section: | ||
| (1) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (2) "Sex offense" means a sex offense that an | ||
| institution of higher education is required to report under the | ||
| Jeanne Clery Disclosure of Campus Security Policy and Campus Crime | ||
| Statistics Act (20 U.S.C. Section 1092(f)). | ||
| (b) Each institution of higher education shall develop and | ||
| establish or contract with a third party to develop and establish an | ||
| online reporting system through which a student enrolled at the | ||
| institution may report to the institution an allegation of a sex | ||
| offense committed against or witnessed by the student if: | ||
| (1) the perpetrator of the alleged sex offense is a | ||
| student enrolled at or an employee of the institution; or | ||
| (2) the alleged sex offense occurred: | ||
| (A) on the institution's campus or any other | ||
| property owned by or under the control of the institution, or in | ||
| close proximity to the campus or property; or | ||
| (B) during any event or activity sponsored or | ||
| sanctioned by the institution. | ||
| (c) The online reporting system must enable a student to | ||
| choose one or more of the following options: | ||
| (1) to report the alleged sex offense to the | ||
| institution; | ||
| (2) to electronically record a statement of the | ||
| alleged sex offense, including in the form of a photograph, video, | ||
| voice recording, or similar medium that contains information | ||
| relating to the alleged sex offense, or an addendum to the | ||
| statement, that: | ||
| (A) includes an electronic stamp of the time and | ||
| date the statement or addendum was made; | ||
| (B) may not be edited or otherwise altered; and | ||
| (C) may be submitted to the institution by the | ||
| student at a time chosen by the student; | ||
| (3) to submit the student's report of the alleged sex | ||
| offense to the institution, but only if: | ||
| (A) another student enrolled at the institution | ||
| reports to the institution through the system an allegation of a sex | ||
| offense committed by the same perpetrator; and | ||
| (B) both students identify the alleged | ||
| perpetrator through the system by a student or employee | ||
| identification number or e-mail address issued by the institution | ||
| or a similar form of identification selected for that purpose by the | ||
| institution; | ||
| (4) to access at any time any information entered into | ||
| the system by the student; and | ||
| (5) to remain anonymous. | ||
| (d) Each institution of higher education shall ensure that | ||
| information contained in the online reporting system is encrypted | ||
| using zero-knowledge encryption. | ||
| (e) An institution of higher education shall initiate an | ||
| investigation into a report submitted to the institution through | ||
| the online reporting system as soon as practicable after receiving | ||
| the report. | ||
| (f) A protocol for reporting sexual assault adopted under | ||
| Section 51.9363 must comply with this section. | ||
| (g) The Texas Higher Education Coordinating Board shall | ||
| adopt rules as necessary to implement this section 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). | ||
| SECTION 2. Not later than January 1, 2018, each public | ||
| institution of higher education shall develop and establish the | ||
| online reporting system required under Section 51.9365, Education | ||
| Code, as added by this Act. | ||
| 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. | ||
