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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring public institutions of higher education to |
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establish a policy and prevention and outreach program on campus |
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sexual assault, family violence, and stalking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.9363, Education Code, is amended to |
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read as follows: |
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Sec. 51.9363. CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND |
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STALKING POLICY AND PREVENTION. (a) In this section: |
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(1) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(3) "Institution [, "institution] of higher |
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education" has the meaning assigned by Section 61.003. |
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(b) Each institution of higher education shall adopt a |
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policy on campus sexual assault, family violence, and stalking. The |
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policy must: |
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(1) include: |
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(A) definitions of prohibited behavior; |
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(B) sanctions for violations; and |
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(C) the protocol for reporting and responding to |
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reports of campus sexual assault, family violence, and stalking; |
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and |
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(2) be approved by the institution's governing board |
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before final adoption by the institution. |
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(c) Each institution of higher education shall make the |
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institution's campus sexual assault, family violence, and stalking |
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policy available to students, faculty, and staff members by: |
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(1) including the policy in the institution's student |
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handbook and personnel handbook; and |
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(2) creating and maintaining a web page on the |
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institution's Internet website dedicated solely to the policy. |
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(d) Each institution of higher education shall require each |
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entering freshman or undergraduate transfer student to attend an |
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orientation on the institution's campus sexual assault, family |
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violence, and stalking policy before or during the first semester |
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or term in which the student is enrolled at the institution. The |
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institution shall establish the format and content of the |
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orientation. The orientation must include the information |
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described by Subsection (e)(2). |
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(e) Each institution of higher education shall develop and |
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implement a comprehensive prevention and outreach program on campus |
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sexual assault, family violence, and stalking. The program must: |
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(1) address a range of strategies to prevent campus |
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sexual assault, family violence, and stalking, including a victim |
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empowerment program, a public awareness campaign, primary |
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prevention, bystander intervention, and risk reduction; and |
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(2) provide to all students enrolled at the |
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institution and all student organizations recognized by or |
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registered with the institution information regarding the |
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institution's campus sexual assault, family violence, and stalking |
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policy, including what constitutes consent to sexual activity and |
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the rights and responsibilities of students under the policy. |
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(f) Each biennium, each institution of higher education |
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shall review the institution's campus sexual assault, family |
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violence, and stalking policy and, with approval of the |
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institution's governing board, revise the policy as necessary. |
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(g) An institution of higher education may not receive any |
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state funding for a fiscal year following a year in which the |
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coordinating board determines that the institution has not |
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substantially complied with the requirements under this section. |
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(h) The coordinating board may adopt rules as necessary to |
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enforce this section. |
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SECTION 2. Section 51.9363, Education Code, as amended by |
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this Act, applies beginning with the 2018 spring semester. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |