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AN ACT
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relating to the criminal offense of hazing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.152(a), Education Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person: |
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(1) engages in hazing; |
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(2) solicits, encourages, directs, aids, or attempts |
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to aid another in engaging in hazing; |
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(3) recklessly permits hazing to occur; or |
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(4) has firsthand knowledge of the planning of a |
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specific hazing incident involving a student in an educational |
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institution, or has firsthand knowledge that a specific hazing |
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incident has occurred, and knowingly fails to report that knowledge |
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[in writing] to the dean of students or other appropriate official |
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of the institution, a peace officer, or a law enforcement agency. |
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SECTION 2. Section 37.155(b), Education Code, is amended to |
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read as follows: |
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(b) Any person, including an entity organized to support an |
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organization, who voluntarily reports a specific hazing incident |
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involving a student in an educational institution to the dean of |
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students or other appropriate official of the institution, a peace |
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officer, or a law enforcement agency is immune from civil or |
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criminal liability that might otherwise be incurred or imposed as a |
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result of the reported hazing incident if the person: |
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(1) reports the incident before being contacted by the |
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institution or a law enforcement agency concerning the incident or |
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otherwise being included in the institution's or a law enforcement |
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agency's investigation of the incident; and |
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(2) [as determined by the dean of students or other |
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appropriate official of the institution designated by the |
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institution,] cooperates in good faith throughout: |
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(A) any institutional process regarding the |
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incident, as determined by the dean of students or other |
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appropriate official of the institution designated by the |
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institution; or |
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(B) any law enforcement agency's investigation |
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regarding the incident, as determined by the chief or other |
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appropriate official of the law enforcement agency designated by |
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the law enforcement agency. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. Section 37.155, Education Code, as amended by |
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this Act, applies only to a civil cause of action that accrues on or |
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after the effective date of this Act. An action that accrued before |
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the effective date of this Act is governed by the law in effect at |
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the time the action accrued, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 37 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 37 passed the House on |
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May 19, 2023, by the following vote: Yeas 123, Nays 20, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |