By:  Coleman                                          H.B. No. 1475
       73R5257 SOS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to racially offensive conduct, sexual harassment, or
    1-3  sexual assault at public institutions of higher education.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
    1-6  amended by adding Section 51.929 to read as follows:
    1-7        Sec. 51.929.  RACIALLY OFFENSIVE CONDUCT, SEXUAL HARASSMENT,
    1-8  OR SEXUAL ASSAULT AT INSTITUTIONS OF HIGHER EDUCATION.  (a)  Not
    1-9  later than November 30 of each year, each institution of higher
   1-10  education shall provide a written report to the Texas Higher
   1-11  Education Coordinating Board of the number of incidents of racially
   1-12  offensive conduct and the number of incidents of sexual harassment
   1-13  committed by students or employees of the institution during the
   1-14  preceding academic year.
   1-15        (b)  Each institution of higher education shall establish
   1-16  procedures for students and employees to report incidents of
   1-17  racially offensive conduct, sexual harassment, or sexual assault
   1-18  under Section 22.011, Penal Code, and shall include a summary of
   1-19  those procedures in the institution's official student handbook, if
   1-20  any, and the institution's catalogue or information distributed to
   1-21  prospective students.
   1-22        (c)  In this section:
   1-23              (1)  "Institution of higher education" has the meaning
   1-24  assigned by Section 61.003 of this code.
    2-1              (2)  "Racially offensive conduct" means conduct that:
    2-2                    (A)  is based on race or national origin; and
    2-3                    (B)  offends or angers a reasonable individual
    2-4  who is a member of that race or who is of that national origin.
    2-5              (3)  "Sexual harassment" means unwelcome sexual
    2-6  advances, requests for sexual favors, or other verbal or physical
    2-7  conduct of a sexual nature, submission to which is made an explicit
    2-8  or implicit condition of an individual's exercise or enjoyment of
    2-9  any right, privilege, or power.
   2-10        SECTION 2.  (a)  This Act takes effect September 1, 1993, and
   2-11  applies only to official student handbooks or institutional
   2-12  catalogues or information distributed to prospective students that
   2-13  are printed on or after that date.
   2-14        (b)  Notwithstanding Section 51.929, Education Code, as added
   2-15  by this Act, institutions of higher education shall report the
   2-16  incidents required by that section beginning with the 1995-1996
   2-17  academic year.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.