79R3953 JRJ-D
By: Barrientos S.B. No. 479
A BILL TO BE ENTITLED
AN ACT
relating to protecting students and employees at an institution of
higher education from threatened acts of violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9365 to read as follows:
Sec. 51.9365. PROTECTION FROM ACTS OF VIOLENCE BY STUDENTS
AND EMPLOYEES. (a) The president or other chief executive officer
of an institution of higher education, as defined by Section
61.003, shall provide for the identification of a student or
employee who poses a substantial threat to human life on the campus
or other facility of the institution.
(b) A student or employee who poses a substantial threat to
another student or employee under this section may be removed from
the campus or facility.
(c) An institution of higher education shall establish
procedures under this section for:
(1) the filing of complaints or reports by students
and employees of persons who may pose a substantial threat to human
life; and
(2) the removal of a student or employee from the
campus or facility.
(d) The procedures established under this section shall
ensure due process rights for all persons under applicable state
and federal law, and, as appropriate, ensure adequate
confidentiality of records.
(e) For the purposes of this section, a person poses a
substantial threat to human life if the person knowingly threatens
to commit a violent offense, as defined by Article 17.032, Code of
Criminal Procedure, against a student or employee in a manner that
reasonably places the student or employee in fear of imminent
bodily injury.
SECTION 2. This Act takes effect September 1, 2005.