S.B. No. 969

	AN ACT
	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