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.