Bill Text: TX SB969 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to requiring certain public and private institutions of higher education to provide amnesty to students who report certain incidents, including sexual harassment, sexual assault, dating violence, or stalking.
Sponsorship: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2017-06-12 - Effective immediately [SB969 Detail]
Download: Texas-2017-SB969-Enrolled.html
| S.B. No. 969 | ||
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| relating to requiring certain public and private institutions of | ||
| higher education to provide amnesty to students who report certain | ||
| incidents, including sexual harassment, sexual assault, dating | ||
| violence, or stalking. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9366 to read as follows: | ||
| Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING CERTAIN | ||
| INCIDENTS. (a) In this section: | ||
| (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 an | ||
| institution of higher education or a private or independent | ||
| institution of higher education, as those terms are defined by | ||
| Section 61.003. | ||
| (4) "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. | ||
| (5) "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. | ||
| (6) "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) A postsecondary educational institution may not take | ||
| any disciplinary action against a student enrolled at the | ||
| institution who in good faith reports to the institution being the | ||
| victim of, or a witness to, an incident of sexual harassment, sexual | ||
| assault, dating violence, or stalking for a violation by the | ||
| student of the institution's code of conduct occurring at or near | ||
| the time of the incident, regardless of the location at which the | ||
| incident occurred or the outcome of the institution's disciplinary | ||
| process regarding the incident, if any. | ||
| (c) A postsecondary educational institution may investigate | ||
| to determine whether a report of an incident of sexual harassment, | ||
| sexual assault, dating violence, or stalking was made in good | ||
| faith. | ||
| (d) A determination that a student is entitled to amnesty | ||
| under Subsection (b) is final and may not be revoked. | ||
| (e) Subsection (b) does not apply to a student who reports | ||
| the student's own commission or assistance in the commission of | ||
| sexual harassment, sexual assault, dating violence, or stalking. | ||
| (f) This section may not be construed to limit a | ||
| postsecondary educational institution's ability to provide amnesty | ||
| from application of the institution's policies in circumstances not | ||
| described by Subsection (b). | ||
| (g) The coordinating board may adopt rules as necessary to | ||
| implement and enforce this section. | ||
| (h) The commissioner of higher education shall establish an | ||
| advisory committee to recommend to the coordinating board rules for | ||
| adoption under Subsection (g). 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. Section 51.9366, Education Code, as added 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 969 passed the Senate on | ||
| April 10, 2017, by the following vote: Yeas 30, Nays 1; and that | ||
| the Senate concurred in House amendment on May 25, 2017, by the | ||
| following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 969 passed the House, with | ||
| amendment, on May 20, 2017, by the following vote: Yeas 129, | ||
| Nays 7, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
