85R10536 KJE-D
 
  By: Watson S.B. No. 969
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring certain public and private institutions of
  higher education to provide amnesty to students who report
  incidents of sexual assault.
         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 INCIDENTS OF
  SEXUAL ASSAULT. (a) In this section:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "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.
         (b)  A postsecondary educational institution may not take
  any disciplinary action against a student enrolled at the
  institution for a violation by the student of the institution's
  policies on student conduct if the student reports to the
  institution being the victim of, or a witness to, an incident of
  sexual assault and the violation of the institution's policies is
  in relation to the incident. This subsection applies regardless of
  the location at which the incident occurred or the outcome of the
  institution's disciplinary process or a criminal proceeding
  regarding the incident, if any.
         (c)  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).
         (d)  The coordinating board may adopt rules as necessary to
  implement and enforce this section.
         SECTION 2.  Section 51.9366, Education Code, as added by
  this Act, applies beginning with the 2017-2018 academic year.
         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.