By:AA____________________

__.B.ANo.A_____

Substitute the following for __.B.ANo.A_____:
By:AA____________________

C.S.__.B.ANo.A_____

A BILL TO BE ENTITLED
1

AN ACT

2

relating to a reporting requirement for certain incidents of sexual

3

harassment, sexual assault, dating violence, or stalking at public

4

and

5

criminal offense.

private

postsecondary

educational

institutions;

creating

a

6

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

7

SECTIONA1.AAChapter 51, Education Code, is amended by adding

8
9

Subchapter E-3 to read as follows:
SUBCHAPTER E-3.

ASSAULT, DATING VIOLENCE, AND STALKING

10
11

REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL

Sec.A51.281.AADEFINITIONS.

In this subchapter:

12

(1)AA"Dating violence" means abuse or violence, or a

13

threat of abuse or violence, against a person with whom the actor

14

has or has had a social relationship of a romantic or intimate

15

nature.

16

(2)AA"Postsecondary educational institution" means:

17
18

(A)AAan

institution

of

higher

education,

as

defined by Section 61.003; and

19

(B)AAa

private

or

independent

college

or

20

university approved for purposes of the tuition equalization grant

21

program under Subchapter F, Chapter 61.

22

(3)AA"Sexual

assault"

means

sexual

contact

or

23

intercourse with a person without the person ’s consent, including

24

sexual contact or intercourse against the person ’s will or in a

85R8040 KJE-D

1

 1

circumstance in which the person is incapable of consenting to the

2

contact or intercourse.
(4)AA"Sexual

3
4

harassment"

means

unwelcome,

sex-based

verbal or physical conduct that:
(A)AAin

5
with

the

employment

employee ’s

an

interferes

7

intimidating, hostile, or offensive work environment; or
(B)AAin

the

performance

unreasonably

6

8

work

context,

education

context,

or

is

creates

an

sufficiently

9

severe, persistent, or pervasive that the conduct interferes with a

10

student ’s ability to participate in or benefit from educational

11

programs or activities.

12

(5)AA"Stalking" means a course of conduct directed at a

13

person that would cause a reasonable person to fear for the person ’s

14

safety or to suffer substantial emotional distress.
Sec.A51.282.AAREPORTING REQUIRED FOR CERTAIN INCIDENTS.

15
16

An

17

officer of a student organization registered with a postsecondary

18

educational

19

regarding

20

sexual assault, dating violence, or stalking alleged to have been

21

committed by or against a person who was a student enrolled at or an

22

employee

23

promptly

24

coordinator.

25

employee

of

postsecondary

institution

the

of

a

occurrence

the

report

who
of

institution
the

educational

witnesses
an

at

incident

or

incident

the
to

time
the

institution

receives
of

of

sexual

the

or

(a)
an

information
harassment,

incident

institution ’s

shall

Title

IX

(b)AAExcept as provided by Subsection (c), the report must

26

include

27

reporting person that is relevant to the investigation and, if

all

85R8040 KJE-D

information

concerning

2

the

incident

known

to

the

 1

applicable, redress of the incident, including whether an alleged

2

victim

3

incident.

requested

confidentiality

or

anonymity

in

reporting

the

4

(c)AAAn employee of a postsecondary educational institution

5

designated by the institution as a person with whom students may

6

speak confidentially concerning sexual harassment, sexual assault,

7

dating violence, or stalking shall, in making a report under this

8

section,

9

include any information that would violate a student ’s expectation

10

state

only

the

type

of

incident

reported

and

may

not

of privacy.
(d)AANotwithstanding

11

Subsection

(a),

a

person

is

not

12

required to make a report under this section concerning an incident

13

in

14

assault, dating violence, or stalking.

which

the

person

was

a

victim

Sec.A51.283.AAADMINISTRATIVE

15
16

Not

less

than

17

postsecondary

18

institution ’s

19

reports

20

regarding:

once

per

month,

educational
chief

received

sexual

REPORTING

the

Title

institution

executive

under

of

officer

Section

harassment,

REQUIREMENTS.

IX

shall
a

coordinator
submit

written

51.282,

including

22

(2)AAthe

23

any,

of

any

of

on

a

the
the

information

(1)AAthe investigation of those reports; and
if

(a)

to

report

21

disposition,

sexual

disciplinary

processes arising from those reports.

24

(b)AAThe Title IX coordinator of a postsecondary educational

25

institution shall immediately report to the institution ’s chief

26

executive officer an incident reported to the coordinator under

27

Section

51.282

85R8040 KJE-D

if

the

coordinator

3

believes

that

the

health

or

 1

safety of any person is in imminent danger as a result of the

2

incident.

3

(c)AAAt least once during each fall or spring semester, the

4

chief executive officer of a postsecondary educational institution

5

shall

6

concerning the reports received under Section 51.282. The report:

submit

to

the

institution ’s

governing

7

(1)AAmay not identify any person; and

8

(2)AAmust include:

(B)AAthe number of investigations conducted as a
result of those reports;
(C)AAthe disposition, if any, of any disciplinary

13
14

processes arising from those reports; and
(D)AAany disciplinary actions taken under Section

15
16

report

51.282;

11
12

a

(A)AAthe number of reports received under Section

9
10

body

51.285.

17

(d)AAA

report

submitted

under

Subsection

(c)

is

public

18

information subject to disclosure under Chapter 552, Government

19

Code,

20

governmental body with respect to such a report for purposes of that

21

chapter.

22

and

a

private

or

independent

Sec.A51.284.AAIMMUNITIES.

(a)

college

or

university

is

a

A person acting in good faith

23

who reports or assists in the investigation of a report of an

24

incident

25

otherwise

26

proceeding arising from a report of such an incident is immune from

27

civil or criminal liability that might otherwise be incurred or

described

by

participates

85R8040 KJE-D

Section
in

a

51.282(a)

disciplinary

4

or

who

process

testifies
or

or

judicial

 1

imposed as a result of those actions.
(b)AASubsection

2
3

(a)

does

apply

to

a

person

who

perpetrates the incident reported under Section 51.282.
Sec.A51.285.AAFAILURE TO REPORT OR FALSE REPORT; OFFENSES.

4
5

(a)

6

employment of an employee who:

A postsecondary educational institution shall terminate the

(1)AAis required to make a report under Section 51.282

7
8

and

9

determined by the institution; or

fails

to

promptly

(2)AAwith

10
11

not

make

the

the

intent

report

to

without

harm

or

good

deceive,

cause,

as

knowingly

makes a report under Section 51.282 that is false.

12

(b)AAA postsecondary educational institution shall terminate

13

the employment of the institution ’s Title IX coordinator or chief

14

executive officer if the coordinator or officer fails to make a

15

report as required under Section 51.283.
(c)AAA postsecondary educational institution shall suspend

16
17

for at least one year or expel a student who:

18

(1)AAis required to make a report under Section 51.282

19

and

20

determined by the institution; or

21

(2)AAwith

22
23
24
25
26
27

fails

to

promptly

make

the

the

intent

report

to

harm

without

or

good

deceive,

cause,

as

knowingly

makes a report under Section 51.282 that is false.
(d)AAA person commits an offense if the person is an employee
of a postsecondary educational institution and:
(1)AAis required to make a report under Section 51.282
and knowingly fails to make the report; or
(2)AAwith

85R8040 KJE-D

the

intent

5

to

harm

or

deceive,

knowingly

 1

makes a report under Section 51.282 that is false.
(e)AAAn

2

offense

under

Subsection

(d)

is

a

Class

B

3

misdemeanor, except that the offense is a Class A misdemeanor if it

4

is shown on the trial of the offense that the actor intended to

5

conceal the incident that the actor was required to report under

6

Section 51.282.
Sec.A51.286.AACONFIDENTIALITY.

7

(a)

Unless

waived

in

8

writing by the alleged victim, the identity of an alleged victim of

9

an incident reported under Section 51.282:
(1)AAis

10
11

confidential

which

15

investigation of the report; or

the

report

disclosure

is

made

for

the

purpose

of

conducting

an

(B)AAa law enforcement officer for the purpose of

16

20

to

(A)AAthe postsecondary educational institution to

14

19

subject

(2)AAmay be disclosed only to:

13

18

not

under Chapter 552, Government Code; and

12

17

and

conducting a criminal investigation of the report.
(b)AAA disclosure under Subsection (a) is not a voluntary
disclosure for purposes of Section 552.007, Government Code.
Sec.A51.287.AARETALIATION PROHIBITED.

(a)

A postsecondary

21

educational

22

discriminate against a student or an employee who in good faith:

institution

may

not

discipline

or

otherwise

23

(1)AAmakes a report as required by Section 51.282; or

24

(2)AAcooperates with an investigation, a disciplinary

25

process, or a judicial proceeding relating to a report made by the

26

student or employee as required by Section 51.282.

27

(b)AASubsection

85R8040 KJE-D

(a)

does

not

6

apply

to

a

student

or

an

 1

employee who:
(1)AAreports an incident described by Section 51.282(a)

2
3

perpetrated by the student or employee; or

4

(2)AAcooperates with an investigation, a disciplinary

5

process, or a judicial proceeding relating to an allegation that

6

the

7

Section 51.282(a).

student

or

employee

perpetrated

Sec.A51.288.AACOMPLIANCE.

8

incident

college

10

comply

this

11

Education

12

equalization grants under Subchapter F, Chapter 61.

13

with

university

subchapter

Coordinating

that

does

determined
are

the

ineligible

ADVISORY

substantially
Texas
for

COMMITTEE.
establish

tuition

(a)

16

report certain incidents under Section 51.282 and for Title IX

17

coordinators at postsecondary educational institutions.
consists

of

an

The

committee to develop recommended training for persons required to

committee

shall

Higher

15

advisory

education

by

not

commissioner

(b)AAThe

higher

by

14

18

of

as

Board

Sec.A51.289.AATRAINING

described

Students enrolled at a private or

independent

9

or

an

advisory

nine

members

19

appointed by the commissioner of higher education.

20

must be a chief executive officer of a postsecondary educational

21

institution or a representative designated by that officer.

22
23

Each member

(c)AANot later than December 1, 2017, the advisory committee
shall develop the recommended training under Subsection (a).

24

(d)AAThis section expires September 1, 2018.

25

SECTIONA2.AASections 51.281-51.288, Education Code, as added

26
27

by this Act, apply beginning January 1, 2018.
SECTIONA3.AA(a)

85R8040 KJE-D

Except as provided by Subsection (b) of this

7

 1
2
3

section, this Act takes effect September 1, 2017.
(b)AASection 51.285(d), Education Code, as added by this Act,
takes effect January 1, 2018.

85R8040 KJE-D

8