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A BILL TO BE ENTITLED
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AN ACT
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relating to a reporting requirement for certain incidents of sexual |
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harassment, sexual assault, family violence, or stalking at public |
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institutions of higher education; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter E-3 to read as follows: |
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SUBCHAPTER E-3. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL |
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ASSAULT, FAMILY VIOLENCE, AND STALKING |
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Sec. 51.281. DEFINITIONS. In this subchapter: |
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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 of higher education" has the meaning |
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assigned by Section 61.003. |
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Sec. 51.282. REPORTING REQUIRED FOR CERTAIN INCIDENTS. |
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(a) An employee of an institution of higher education or the |
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highest ranking member of a student organization recognized by or |
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registered with an institution of higher education who becomes |
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aware of an incident of sexual harassment, sexual assault, family |
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violence, or stalking alleged to have been committed by or against a |
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student enrolled at or an employee of the institution shall report |
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the incident to the institution's chief executive officer not later |
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than the 48th hour after the employee or member becomes aware of the |
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incident. |
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(b) The report must include, if known, the name and address |
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of each alleged victim and any other pertinent information |
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concerning the incident. |
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(c) Subsection (b) does not apply if the person became aware |
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of an incident described by Subsection (a) through a communication |
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that, at the time of the communication, was privileged and the |
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alleged victim wishes to exercise the privilege. |
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(d) A person required to make a report under this section |
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may not delegate the person's duty to report to another person or |
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rely on another person to make the report. |
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Sec. 51.283. IMMUNITIES. A person acting in good faith who |
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reports or assists in the investigation of a report of an incident |
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described by Section 51.282(a) or who testifies or otherwise |
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participates in a judicial proceeding arising from a report of an |
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incident described by Section 51.282(a) is immune from civil or |
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criminal liability that might otherwise be incurred or imposed. |
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Sec. 51.284. FAILURE TO REPORT OR FALSE REPORT; OFFENSES. |
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(a) A person commits an offense if the person: |
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(1) is required to make a report under Section 51.282 |
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and knowingly fails to make the report; or |
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(2) with the intent to deceive, knowingly makes a |
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report under Section 51.282 that is false. |
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(b) An offense under Subsection (a)(1) is a Class B |
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misdemeanor, except that the offense is a Class A misdemeanor if it |
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is shown on the trial of the offense that the actor intended to |
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conceal the incident that the actor was required to report under |
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Section 51.282. |
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(c) An offense under Subsection (a)(2) is a state jail |
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felony, except that the offense is a felony of the third degree if |
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it is shown on the trial of the offense that the actor has been |
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previously convicted of an offense under that subdivision. |
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Sec. 51.285. CONFIDENTIALITY AND DISCLOSURE. (a) Except |
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as provided by Subsection (b), unless waived in writing by the |
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person making the report, the identity of a person who makes a |
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report under Section 51.282 is confidential and may be disclosed |
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only to a law enforcement officer for the purpose of conducting a |
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criminal investigation of the report. |
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(b) A court may order the disclosure of the identity of a |
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person who makes a report under Section 51.282 if: |
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(1) a motion has been filed with the court requesting |
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the release of the information; |
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(2) a notice of a hearing has been served on the |
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investigating law enforcement agency and all other interested |
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parties; and |
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(3) after a hearing and an in camera review of the |
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requested information, the court determines that the disclosure of |
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the requested information is: |
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(A) essential to the administration of justice; |
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and |
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(B) not likely to endanger the life or safety of: |
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(i) a person who is alleged to be a victim |
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of the reported offense; or |
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(ii) the person who made the report. |
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Sec. 51.286. EMPLOYER RETALIATION PROHIBITED. (a) An |
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institution of higher education may not suspend or terminate the |
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employment of, or otherwise discriminate against, an employee who |
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in good faith: |
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(1) makes a report as required by Section 51.282; or |
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(2) initiates or cooperates with an investigation or |
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proceeding by a law enforcement agency relating to a report made by |
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the employee as required by Section 51.282. |
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(b) Subsection (a) does not apply to an employee who reports |
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an incident described by Section 51.282(a) perpetrated by the |
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employee or who initiates or cooperates with an investigation or |
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proceeding by a law enforcement agency relating to an allegation |
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that the employee perpetrated an incident described by Section |
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51.282(a). |
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Sec. 51.287. TRAINING ON RECEIVING REPORTS OF CERTAIN |
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INCIDENTS. (a) The coordinating board shall develop and implement |
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a training program for chief executive officers of institutions of |
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higher education on receiving reports of incidents under Section |
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51.282(a). The training program must include information on the |
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proper methods for receiving and screening reports of those |
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incidents. |
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(b) The coordinating board by rule shall prescribe the |
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intervals at which each chief executive officer of an institution |
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of higher education must complete the training program described by |
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Subsection (a). |
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Sec. 51.288. BIANNUAL REPORT. At least twice each year, the |
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chief executive officer of an institution of higher education shall |
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submit to the institution's governing body a report on any |
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incidents of sexual harassment, sexual assault, family violence, or |
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stalking reported to the officer during the preceding academic |
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year. |
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Sec. 51.289. RULES. The coordinating board shall adopt |
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rules as necessary to implement this subchapter, including rules |
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that ensure implementation of this subchapter in a manner that |
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complies with: |
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(1) federal law regarding confidentiality of student |
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educational information, including the Family Educational Rights |
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and Privacy Act of 1974 (20 U.S.C. Section 1232g); |
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(2) Title IX of the Education Amendments of 1972 (20 |
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U.S.C. Section 1681 et seq.); and |
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(3) any federal or state law regarding the privacy of |
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victims of sexual harassment, sexual assault, family violence, or |
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stalking. |
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SECTION 2. This Act applies beginning with the 2018-2019 |
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academic year. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2017. |
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(b) Section 51.284, Education Code, as added by this Act, |
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takes effect September 1, 2018. |