Enrolled Bill Summary

Senate Bill 212	Senate Author:  Huffman et al.
Effective:  See below	House Sponsor:  Morrison et al.

Senate Bill 212 amends the Education Code to require an employee of a public, private, or independent institution of higher education who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student or employee of the institution at the time of the incident to promptly report the incident to the institution's Title IX coordinator or deputy Title IX coordinator. The bill sets out provisions relating to the content and confidentiality of such a report, including certain exceptions and limitations. The bill requires a Title IX coordinator to report to the institution's chief executive officer and requires the chief executive officer to report to the governing body and post on the institution's website certain information regarding the combined reported incidents and sets out related provisions. The bill provides for certain immunities for a person acting in good faith who reports or assists in the investigation of a report of an applicable incident or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from such a report, subject to a certain exception.

Effective January 1, 2020, Senate Bill 212 creates a Class B misdemeanor offense for a person who is required to make a report of an applicable incident and knowingly fails to do so and for a person who, with the intent to harm or deceive, knowingly makes such a report that is false. The bill enhances the penalty to a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report. The bill requires an institution to terminate the employment of an employee whom the institution determines to have committed an offense created by these provisions.

Senate Bill 212 provides for the confidentiality and authorized disclosure of the identity of an alleged victim of an applicable reported incident. The bill prohibits an institution from disciplining or otherwise discriminating against an employee who in good faith makes a report of an applicable incident or cooperates with an investigation, disciplinary process, or judicial proceeding relating to such a report made by the employee, unless the employee is the alleged perpetrator.

Senate Bill 212 sets out provisions relating to compliance and enforcement, authorizes the Texas Higher Education Coordinating Board to assess an administrative penalty against a noncompliant institution, and requires such a penalty to be deposited to the credit of the sexual assault program fund. The bill requires the coordinating board annually to report certain compliance information to the governor, lieutenant governor, speaker of the house, and appropriate standing legislative committees.

Senate Bill 212 requires the commissioner of higher education to establish an advisory committee to develop recommended training for applicable personnel. This provision takes effect immediately on passage. Except as otherwise provided, the bill's provisions take effect September 1, 2019.