By: De La Garza H.B. No. 19 72S40172 MLR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to reporting of certain conduct on college campuses; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 51, Education Code, is 1-6 amended by adding Section 51.217 to read as follows: 1-7 Sec. 51.217. CRIME REPORTS TO LOCAL LAW ENFORCEMENT 1-8 AUTHORITIES. (a) A designated employee of an institution to which 1-9 this section applies shall notify the police department of the 1-10 municipality in which the institution is located or, if the 1-11 institution is not in a municipality, the sheriff of the county in 1-12 which the institution is located if the employee has reasonable 1-13 grounds to believe that any of the following activities have 1-14 occurred on the campus of the institution, or at an 1-15 institution-sponsored or institution-related activity on or off the 1-16 campus, without regard to whether the activity is investigated by 1-17 campus security personnel: 1-18 (1) conduct that may constitute an offense listed in 1-19 Section 8(c), Article 42.18, Code of Criminal Procedure; reckless 1-20 conduct, as described by Section 22.05, Penal Code; or a 1-21 terroristic threat, as described by Section 22.07, Penal Code; 1-22 (2) the use, sale, or possession of a controlled 1-23 substance, drug paraphernalia, or marihuana, as defined by Chapter 1-24 481, Health and Safety Code; 2-1 (3) the possession of any of the weapons or devices 2-2 listed in Sections 46.01(1)-(14) or (16), Penal Code; or a weapon 2-3 listed as a prohibited weapon under Section 46.06, Penal Code; or 2-4 (4) conduct that may constitute a criminal offense 2-5 resulting from participation in a criminal street gang as defined 2-6 by Section 71.01, Penal Code. 2-7 (b) This section applies to: 2-8 (1) an institution of higher education as defined by 2-9 Section 61.003, Education Code; 2-10 (2) a private institution of higher education as 2-11 defined by Section 61.302, Education Code; and 2-12 (3) a proprietary school as defined by Section 32.11, 2-13 Education Code. 2-14 (c) The notification under this section shall be given 2-15 within 24 hours after the time the listed activity is first 2-16 reported to any employee of the institution and must include the 2-17 name and address of any student who is enrolled in the institution 2-18 and who is known by the reporter to have been a possible 2-19 participant in the activity. 2-20 (d) A notification is not required by this section if the 2-21 designated employee reasonably believes that the activity does not 2-22 constitute a criminal offense. 2-23 (e) Each institution subject to this section shall designate 2-24 an employee to be responsible for the notification required by this 2-25 section. The employee is not liable in civil damages for reporting 2-26 in good faith as required by this section. An employee who fails 2-27 to report as required by this section commits an offense. An 3-1 offense under this section is a Class B misdemeanor. 3-2 SECTION 2. This Act takes effect September 1, 1993, and 3-3 applies only to an arrest, detention, suspected criminal activity, 3-4 or street gang-related activity on or after that date. 3-5 SECTION 3. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended.