S.B. No. 969
  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.
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9366 to read as follows:
  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
               (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
         (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