Bill Text: TX SB968 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a sexual assault policy at certain public and private institutions of higher education and to requiring those institutions to provide students and employees an option to electronically report certain offenses to the institution.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2017-06-12 - Effective immediately [SB968 Detail]

Download: Texas-2017-SB968-Comm_Sub.html
 
 
  By: Watson  S.B. No. 968
         (In the Senate - Filed February 21, 2017; March 1, 2017,
  read first time and referred to Committee on State Affairs;
  March 29, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; March 29, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 968 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring certain public and private institutions of
  higher education to provide students and employees an option to
  electronically report certain offenses to the institution.
         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.  ELECTRONIC REPORTING OPTION FOR CERTAIN
  OFFENSES.  (a)  In this section:
               (1)  "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.
               (2)  "Postsecondary educational institution" means an
  institution of higher education or a private or independent
  institution of higher education, as those terms are defined by
  Section 61.003.
               (3)  "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.
               (4)  "Sexual harassment" means unwelcome, sex-based
  verbal or physical conduct that:
                     (A)  in the employment context, unreasonably
  interferes with an employee'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.
               (5)  "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.
         (b)  Each postsecondary educational institution shall
  provide an option for a student enrolled at or an employee of the
  institution to electronically report to the institution an
  allegation of sexual harassment, sexual assault, dating violence,
  or stalking committed against or witnessed by the student or
  employee, regardless of the location at which the alleged offense
  occurred.
         (c)  The electronic reporting option provided under
  Subsection (b) must:
               (1)  enable a student or employee to report the alleged
  offense anonymously; and
               (2)  be easily accessible through a clearly
  identifiable link on the postsecondary educational institution's
  Internet website home page.
         (d)  A protocol for reporting sexual assault adopted under
  Section 51.9363 must comply with this section.
         (e)  The Texas Higher Education Coordinating Board may adopt
  rules as necessary to administer this section.
         (f)  The commissioner of higher education shall establish an
  advisory committee to recommend to the Texas Higher Education
  Coordinating Board rules for adoption under Subsection (e).  The
  advisory committee consists of nine members appointed by the
  commissioner.  Each member must be a chief executive officer of a
  postsecondary educational institution or a representative
  designated by that officer.  Not later than December 1, 2017, the
  advisory committee shall submit the committee's recommendations to
  the coordinating board.  This subsection expires September 1, 2018.
         SECTION 2.  Not later than January 1, 2018, each public or
  private postsecondary educational institution shall provide the
  electronic reporting option 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.
 
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