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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a statewide task force to address |
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sexual assault occurring on the campuses of public and private |
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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. Chapter 51, Education Code, is amended by adding |
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Subchapter Y-1 to read as follows: |
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SUBCHAPTER Y-1. TASK FORCE ON CAMPUS SEXUAL ASSAULT |
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Sec. 51.881. DEFINITION. In this subchapter, "task force" |
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means the statewide task force established under this subchapter to |
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address sexual assault occurring on the campuses of public and |
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private institutions of higher education. |
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Sec. 51.882. TASK FORCE MEMBERSHIP. (a) The task force |
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consists of: |
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(1) two members appointed by the governor as follows: |
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(A) one member from the office of the governor; |
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and |
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(B) one member from the Crime Victims' Institute |
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at Sam Houston State University; |
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(2) 16 members appointed by the presiding officer of |
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the task force as follows: |
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(A) one member from the office of student affairs |
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at a public or private institution of higher education; |
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(B) one member who is the Title IX coordinator |
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for a public or private institution of higher education; |
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(C) one member from the athletics department of a |
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public or private institution of higher education; |
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(D) one member who provides services to students |
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as a counselor or therapist at a public or private institution of |
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higher education; |
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(E) one member who is the director of a campus |
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health center at a public or private institution of higher |
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education; |
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(F) one member who is the director of a women's |
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center at a public or private institution of higher education; |
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(G) one member from the campus police department |
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of a public or private institution of higher education; |
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(H) one member from a department having authority |
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over student resident life at a public or private institution of |
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higher education; |
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(I) one member who is the survivor of a sexual |
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assault committed on the campus of a public or private institution |
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of higher education; |
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(J) one member from a rape crisis center who has a |
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background in issues relating to family violence, as defined by |
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Section 71.004, Family Code; |
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(K) one member who is a counselor or therapist at |
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a rape crisis center; |
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(L) one member who is a victim advocate at a rape |
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crisis center; |
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(M) one member who is the executive director of a |
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rape crisis center; |
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(N) one member who is an attorney representing |
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the state in the prosecution of sexual assaults and other similar |
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offenses; |
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(O) one member who is a sexual assault nurse |
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examiner; and |
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(P) one member from a statewide sexual assault |
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advocacy coalition; and |
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(3) any other member whom the presiding officer |
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determines to be appropriate and who consents to serve on the task |
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force, including a person who works for a federal agency such as the |
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United States Department of Education. |
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(b) Initial appointments to the task force must be made not |
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later than January 1, 2014. |
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(c) The presiding officer of the task force is the member |
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who represents the Crime Victims' Institute at Sam Houston State |
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University. |
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(d) Before appointing members of the task force under |
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Subsection (a)(2) or (3), the presiding officer shall solicit and |
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obtain from appropriate institutions and organizations the names of |
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recommended persons who are available and willing to serve on the |
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task force. |
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(e) A vacancy on the task force shall be filled in the same |
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manner as the original appointment. |
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Sec. 51.883. MEETINGS; EXPENSES. (a) The task force shall |
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meet at the call of the presiding officer. |
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(b) A member of the task force is not entitled to |
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compensation for service on the task force but, from money |
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available to the comptroller to pay miscellaneous claims, is |
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entitled to reimbursement for travel expenses as provided by |
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Chapter 660, Government Code, and the General Appropriations Act. |
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Sec. 51.884. GENERAL DUTIES OF TASK FORCE. The task force |
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shall: |
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(1) review federal laws regarding campus sexual |
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assault, including, as applicable: |
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(A) the Family Educational Rights and Privacy Act |
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of 1974 (20 U.S.C. Section 1232g); |
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(B) Title IX of the Education Amendments of 1972 |
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(20 U.S.C. Section 1681 et seq.); and |
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(C) the Jeanne Clery Disclosure of Campus |
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Security Policy and Campus Crime Statistics Act (20 U.S.C. Section |
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1092(f)); |
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(2) solicit and receive reports and testimony from |
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campus sexual assault survivors or from advocates who provide |
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support services to campus sexual assault survivors; |
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(3) analyze appropriate reports, literature, and |
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statistics regarding the prevalence and incidence of sexual |
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violence on the campuses of public or private institutions of |
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higher education, including: |
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(A) the United States Department of Justice's |
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report "The Sexual Victimization of College Women"; and |
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(B) the United States Department of Justice's |
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report "Sexual Assault on Campus: What Colleges and Universities |
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Are Doing About It"; and |
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(4) develop policy guidelines for public and private |
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institutions of higher education with respect to campus sexual |
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assault, including: |
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(A) recommended definitions of prohibited |
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behavior and sanctions for violations; |
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(B) a recommended model protocol for responding |
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to reports of campus sexual assault; and |
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(C) recommended coordinated victim support |
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services using campus-based or community-based resources. |
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Sec. 51.885. REPORT. Not later than December 1 of each |
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even-numbered year, the task force shall prepare and submit to the |
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governor, the lieutenant governor, and the speaker of the house of |
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representatives a report that includes: |
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(1) a description of the activities of the task force; |
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(2) the findings of the task force on the current state |
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of sexual violence on higher education campuses, to be based on: |
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(A) statistics reviewed by the task force |
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regarding sexual violence; |
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(B) testimony provided by campus sexual assault |
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survivors or by advocates who provide support services to campus |
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sexual assault survivors; and |
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(C) thorough discussion by the task force; |
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(3) recommendations on best practices for higher |
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education policies and protocols for responding to reports of |
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sexual assault and providing coordinated victim support services to |
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sexual assault survivors; and |
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(4) any other matter that the task force considers |
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appropriate. |
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Sec. 51.886. COOPERATION WITH STATE AGENCIES. The task |
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force may cooperate as necessary with any appropriate agency of |
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this state, including public institutions of higher education. |
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Sec. 51.887. EXPIRATION DATE. The task force is abolished |
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and this subchapter expires on January 1, 2019. |
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SECTION 2. 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, 2013. |