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SECTION 1. Chapter 51,
Education Code, is amended by adding Subchapter Y-1 to read as follows:
SUBCHAPTER Y-1. TASK FORCE
ON CAMPUS SEXUAL ASSAULT
Sec. 51.881. DEFINITION.
In this subchapter,
"task force" means the statewide task force established under
this subchapter to address sexual assault occurring on the campuses of
public and private institutions of higher education.
Sec. 51.882. TASK FORCE
MEMBERSHIP. (a) The task force consists of:
(1) two members appointed
by the governor as follows:
(A) one member from the
office of the governor; and
(B) one member from the
Crime Victims' Institute at Sam Houston State University;
(2) 16 members appointed by the presiding
officer of the task force as follows:
(A) one member from the
office of student affairs at a public or
private institution of higher education;
(B) one member who is the
Title IX coordinator for a public or private
institution of higher education;
(C) one member from the athletics
department of a public or private institution
of higher education;
(D) one member who
provides services to students as a counselor or therapist at a public or private institution of higher
education;
(E) one member who is the
director of a campus health center at a
public or private institution of higher education;
(F) one member who is the
director of a women's center at a public or
private institution of higher education;
(G) one member from the
campus police department of a public or
private institution of higher education;
(H) one member from a
department having authority over student resident life at a public or private institution of higher
education;
(I) one member who is the
survivor of a sexual assault committed on the campus of a public or private
institution of higher education;
(J) one member from a rape
crisis center who has a background in issues relating to family violence,
as defined by Section 71.004, Family Code;
(K) one member who is a
counselor or therapist at a rape crisis center;
(L) one member who is a
victim advocate at a rape crisis center;
(M) one member who is the
executive director of a rape crisis center;
(N) one member who is an
attorney representing the state in the prosecution of sexual assaults and
other similar offenses;
(O) one member who is a
sexual assault nurse examiner; and
(P) one member from a
statewide sexual assault advocacy coalition; and
(3) any other member whom
the presiding officer determines to be appropriate and who consents to
serve on the task force, including a person who works for a federal agency
such as the United States Department of Education.
(b) Initial appointments
to the task force must be made not later than January 1, 2014.
(c) The presiding officer
of the task force is the member who represents the Crime Victims' Institute
at Sam Houston State University.
(d) Before appointing
members of the task force under Subsection (a)(2) or (3), the presiding
officer shall solicit and obtain from appropriate institutions and
organizations the names of recommended persons who are available and
willing to serve on the task force.
(e) A vacancy on the task
force shall be filled in the same manner as the original appointment.
Sec. 51.883. MEETINGS;
EXPENSES. (a) The task force shall meet at the call of the presiding
officer.
(b) A member of the task
force is not entitled to compensation for service on the task force but,
from money available to the comptroller to pay miscellaneous claims, is
entitled to reimbursement for travel expenses as provided by Chapter 660,
Government Code, and the General Appropriations Act.
Sec. 51.884. GENERAL
DUTIES OF TASK FORCE. The task force shall:
(1) review federal laws
regarding campus sexual assault, including, as applicable:
(A) the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(B) Title IX of the
Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.); and
(C) the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act (20
U.S.C. Section 1092(f));
(2) solicit and receive
reports and testimony from campus sexual assault survivors or from
advocates who provide support services to campus sexual assault survivors;
(3) analyze appropriate
reports, literature, and statistics regarding the prevalence and incidence
of sexual violence on the campuses of public or private institutions of
higher education, including:
(A) the United States
Department of Justice's report "The Sexual Victimization of College
Women"; and
(B) the United States
Department of Justice's report "Sexual Assault on Campus: What
Colleges and Universities Are Doing About It"; and
(4) develop policy
guidelines for public and private institutions of higher education with
respect to campus sexual assault, including:
(A) recommended
definitions of prohibited behavior and sanctions for violations;
(B) a recommended model
protocol for responding to reports of campus sexual assault; and
(C) recommended
coordinated victim support services using campus-based or community-based
resources.
Sec. 51.885. REPORT. Not
later than December 1 of each even-numbered year, the task force shall
prepare and submit to the governor, the lieutenant governor, and the
speaker of the house of representatives a report that includes:
(1) a description of the
activities of the task force;
(2) the findings of the
task force on the current state of sexual violence on higher education
campuses, to be based on:
(A) statistics reviewed by
the task force regarding sexual violence;
(B) testimony provided by
campus sexual assault survivors or by advocates who provide support
services to campus sexual assault survivors; and
(C) thorough discussion by
the task force;
(3) recommendations on
best practices for higher education policies and protocols for responding
to reports of sexual assault and providing coordinated victim support
services to sexual assault survivors; and
(4) any other matter that
the task force considers appropriate.
Sec. 51.886. COOPERATION
WITH STATE AGENCIES. The task force may cooperate as necessary with any
appropriate agency of this state, including public institutions of higher
education.
Sec. 51.887. EXPIRATION
DATE. The task force is abolished and this subchapter expires on January 1,
2019.
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SECTION 1. Chapter 51,
Education Code, is amended by adding Subchapter Y-1 to read as follows:
SUBCHAPTER Y-1. TASK FORCE
ON CAMPUS SEXUAL ASSAULT
Sec. 51.881. DEFINITIONS. In
this subchapter:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned those terms by Section 61.003.
(2) "Task force"
means the statewide task force established under this subchapter to address
sexual assault occurring on the campuses of public and private institutions
of higher education.
Sec. 51.882. TASK FORCE
MEMBERSHIP. (a) The task force consists of:
(1) two members appointed
by the governor as follows:
(A) one member from the
office of the governor; and
(B) one member from the
Crime Victims' Institute at Sam Houston State University;
(2) eight members evenly
selected from positions held at institutions of higher education and
private or independent institutions of
higher education and appointed by the presiding officer of the task force
as follows:
(A) one member from an
office of student affairs;
(B) one member who is a
Title IX coordinator;
(C) one member from an
athletics department;
(D) one member who
provides services to students as a counselor or therapist;
(E) one member who is the
director of a campus health center;
(F) one member who is the
director of a women's center;
(G) one member from a
campus police department; and
(H) one member from a
department having authority over student resident life;
(3) one member from the general counsel's office of an institution of
higher education and one member from the general counsel's office of a
private or independent institution of higher education, each appointed by
the presiding officer of the task force;
(4) eight members having a specialized interest in issues related to
sexual assault, appointed by the presiding officer of the task force as
follows:
(A) one member who is the
survivor of a sexual assault committed on the campus of an institution of
higher education or a private or independent
institution of higher education;
(B) one member from a rape
crisis center who has a background in issues relating to family violence,
as defined by Section 71.004, Family Code;
(C) one member who is a
counselor or therapist at a rape crisis center;
(D) one member who is a
victim advocate at a rape crisis center;
(E) one member who is the
executive director of a rape crisis center;
(F) one member who is an
attorney representing the state in the prosecution of sexual assaults and
other similar offenses;
(G) one member who is a
sexual assault nurse examiner; and
(H) one member from a statewide
sexual assault advocacy coalition; and
(5) any other member whom
the presiding officer determines to be appropriate and who consents to
serve on the task force, including a person who works for a federal agency
such as the United States Department of Education.
(b) Initial appointments
to the task force must be made not later than January 1, 2014.
(c) The presiding officer
of the task force is the member who represents the Crime Victims' Institute
at Sam Houston State University.
(d) Before appointing
members of the task force under Subsection (a)(2), (3), (4), or (5), the
presiding officer shall solicit and obtain from appropriate institutions
and organizations the names of recommended persons who are available and
willing to serve on the task force.
(e) A vacancy on the task
force shall be filled in the same manner as the original appointment.
Sec. 51.883. MEETINGS;
EXPENSES. (a) The task force shall meet at the call of the presiding
officer.
(b) A member of the task
force is not entitled to compensation for service on the task force but,
from money available to the comptroller to pay miscellaneous claims, is
entitled to reimbursement for travel expenses as provided by Chapter 660,
Government Code, and the General Appropriations Act.
Sec. 51.884. GENERAL
DUTIES OF TASK FORCE. The task force shall:
(1) review federal laws
regarding campus sexual assault, including, as applicable:
(A) the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(B) Title IX of the
Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.); and
(C) the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act (20
U.S.C. Section 1092(f));
(2) solicit and receive
reports and testimony from campus sexual assault survivors or from
advocates who provide support services to campus sexual assault survivors;
(3) analyze appropriate
reports, literature, and statistics regarding the prevalence and incidence
of sexual violence on the campuses of institutions of higher education and
private or independent institutions of
higher education, including:
(A) the United States
Department of Justice's report "The Sexual Victimization of College
Women"; and
(B) the United States
Department of Justice's report "Sexual Assault on Campus: What Colleges
and Universities Are Doing About It"; and
(4) develop policy
guidelines for institutions of higher education and private or independent institutions of higher
education with respect to campus sexual assault, including:
(A) recommended
definitions of prohibited behavior and sanctions for violations;
(B) a recommended model
protocol for responding to reports of campus sexual assault; and
(C) recommended
coordinated victim support services using campus-based or community-based
resources.
Sec. 51.885. REPORT. Not
later than December 1 of each even-numbered year, the task force shall
prepare and submit to the governor, the lieutenant governor, and the
speaker of the house of representatives a report that includes:
(1) a description of the
activities of the task force;
(2) the findings of the
task force on the current state of sexual violence on higher education
campuses, to be based on:
(A) statistics reviewed by
the task force regarding sexual violence;
(B) testimony provided by
campus sexual assault survivors or by advocates who provide support
services to campus sexual assault survivors; and
(C) thorough discussion by
the task force;
(3) recommendations on
best practices for higher education policies and protocols for responding
to reports of sexual assault and providing coordinated victim support
services to sexual assault survivors; and
(4) any other matter that
the task force considers appropriate.
Sec. 51.886. COOPERATION
WITH STATE AGENCIES. The task force may cooperate as necessary with any
appropriate agency of this state, including institutions of higher
education.
Sec. 51.887. EXPIRATION
DATE. The task force is abolished and this subchapter expires on January 1,
2019.
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