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.