80R9577 CAS-D

By: Zaffirini S.B. No. 1054

A BILL TO BE ENTITLED

AN ACT

relating to the conduct that constitutes hazing and to the application of hazing laws to certain former students of an educational institution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 37.151(4) and (6), Education Code, are amended to read as follows:

(4) "Student" means any person who:

(A) is registered in or in attendance at an educational institution;

(B) has been accepted for admission at the educational institution where the hazing incident occurs; [or]

(C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation; or

(D) was but currently is not enrolled at an educational institution, and was while enrolled at the institution and currently is a member of an organization the membership of which consists primarily of students of that institution.

(6) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization. The term includes:

(A) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

(B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(C) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than an activity specified by Paragraph (F), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subdivision; [and]

(E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; and

(F) any activity that involves forcing or coercing the student to consume an alcoholic beverage, liquor, or drug or that creates an environment in which the student reasonably feels forced or coerced to consume any of those substances.

SECTION 2. Section 51.936(c), Education Code, is amended to read as follows:

(c) During the first three weeks of each semester, each [Each] postsecondary educational institution shall distribute to each student enrolled at the institution [during the first three weeks of each semester]:

(1) a summary of the provisions of Subchapter F, Chapter 37; and

(2) a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the preceding three years.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2007.