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A BILL TO BE ENTITLED
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AN ACT
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relating to counseling in response to alcoholic beverage violations |
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by students at public and private institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9365 to read as follows: |
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Sec. 51.9365. COUNSELING CONCERNING ALCOHOLIC BEVERAGE |
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VIOLATIONS. (a) In this section, "general academic teaching |
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institution," "private or independent institution of higher |
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education," and "public junior college" have the meanings assigned |
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by Section 61.003. |
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(b) A general academic teaching institution or private or |
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independent institution of higher education shall require any |
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student enrolled at the institution, regardless of the student's |
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age, who violates a state or federal law, local ordinance, or |
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institutional rule or policy by selling, giving, or delivering to |
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another person or possessing, using, or being under the influence |
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of an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code, to meet for counseling as provided by Subsection |
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(c). |
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(c) The counseling required by Subsection (b) must: |
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(1) be provided at least twice, within a reasonable |
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period after the general academic teaching institution or private |
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or independent institution of higher education has notice of a |
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violation described by Subsection (b); |
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(2) be provided by a counselor employed by the |
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institution or, if the institution does not otherwise provide |
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student counseling services, by another qualified employee of the |
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institution; and |
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(3) include a discussion of: |
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(A) the student's behavioral patterns associated |
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with the violation; and |
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(B) techniques for monitoring and controlling |
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any personal use of alcoholic beverages. |
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(d) The dean of students of a general academic teaching |
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institution or private or independent institution of higher |
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education or other appropriate official designated by the chief |
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executive officer of the institution shall coordinate counseling |
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required by Subsection (b). |
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(e) A public junior college may comply with this section. |
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SECTION 2. Section 51.9361(g), Education Code, is amended |
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to read as follows: |
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(g) A program under this section may address any issue |
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determined appropriate by the postsecondary educational |
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institution and must address: |
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(1) possession and use of alcoholic beverages and |
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illegal drugs, including: |
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(A) penalties that may be imposed for possession |
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or use; and |
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(B) counseling under Section 51.9365, as |
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implemented by the institution; |
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(2) hazing; |
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(3) sexual abuse and harassment; |
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(4) fire and other safety issues, including the |
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possession and use of a firearm or other weapon or of an explosive |
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device; |
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(5) travel to a destination outside the area in which |
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the institution is located; |
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(6) behavior at parties and other events held by a |
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student organization; and |
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(7) adoption by a student organization of a risk |
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management policy. |
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SECTION 3. Section 51.9361(g), Education Code, as amended |
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by this Act, and Section 51.9365, Education Code, as added by this |
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Act, apply beginning with the 2011 fall semester. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |