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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 survey and report on campus |
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safety at public 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 C, Chapter 61, Education Code, is |
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amended by adding Section 61.081 to read as follows: |
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Sec. 61.081. SURVEY AND REPORT ON CAMPUS SAFETY. (a) In |
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this section, "sexual assault" means an offense under Section |
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22.011 or 22.021, Penal Code. |
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(b) Each institution of higher education shall submit to the |
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board an annual report on crime occurring at the institution. The |
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report must include: |
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(1) if applicable, a copy of the institution's annual |
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security report required under the Jeanne Clery Disclosure of |
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Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. |
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Section 1092(f)); and |
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(2) if known by the institution, the number of |
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students convicted during the year covered by the report of an |
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offense based on the commission of a sexual assault or attempted |
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sexual assault at the institution. |
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(c) The board shall establish and conduct an annual survey |
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on campus safety to collect data relating to the reported crime |
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rates and the perception of safety among students at institutions |
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of higher education. In establishing the survey, the board must |
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consider: |
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(1) recommendations of the Office on Violence Against |
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Women for developing a campus safety climate survey; and |
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(2) empirically validated surveys on campus safety. |
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(d) The survey must be: |
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(1) voluntary; |
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(2) anonymous; |
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(3) conducted online through the board's Internet |
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website; |
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(4) available for participation only to students |
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expected to graduate from an institution of higher education during |
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the academic year in which the survey is conducted; and |
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(5) limited to incidents that occurred while the |
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student was enrolled at the institution. |
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(e) The board shall assign each student taking the survey a |
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unique code to access the survey. The code may not be associated |
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with the student's survey responses or otherwise used in a manner |
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that would identify the student. |
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(f) As part of the survey, the board shall request a |
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student's demographic information. The board may not require a |
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student to provide the information and must include in the survey a |
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statement that the student is not required to provide the |
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information. The information requested must include: |
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(1) the student's: |
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(A) gender identity; |
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(B) race, nationality, and ethnicity; and |
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(C) age; and |
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(2) whether the student lives on or off campus. |
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(g) The board shall analyze the results of the survey and |
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information reported to the board by institutions of higher |
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education under Subsection (b) and post a report on its findings on |
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the board's Internet website. The report must include: |
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(1) in total and disaggregated by campus, the number |
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of: |
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(A) property crimes and violent crimes, other |
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than sexual assault, reported on the survey; |
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(B) sexual assaults or attempted sexual assaults |
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reported on the survey; |
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(C) sexual assaults or attempted sexual assaults |
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reported to an institution of higher education or to a law |
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enforcement agency; |
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(D) disciplinary actions taken by an institution |
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of higher education against a student based on the commission of a |
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sexual assault or attempted sexual assault; and |
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(E) students convicted of an offense based on the |
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commission of a sexual assault or attempted sexual assault at an |
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institution of higher education; and |
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(2) aggregated demographic information on students |
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who reported being victims of a sexual assault or an attempted |
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sexual assault. |
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(h) The board shall make available to an institution of |
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higher education on request demographic information disaggregated |
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by campus on students enrolled at the institution who reported on |
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the survey being victims of a sexual assault or an attempted sexual |
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assault, unless the information could identify a student. |
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(i) Each institution of higher education shall notify |
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students enrolled at the institution that the board's report under |
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Subsection (g) has been posted on the board's Internet website as |
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soon as practicable after the report is posted. |
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(j) The board shall adopt rules as necessary to implement |
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this section, including rules that ensure implementation of this |
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section in a manner that complies with federal law regarding |
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confidentiality of student educational information, including the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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SECTION 2. Not later than August 1, 2016, the Texas Higher |
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Education Coordinating Board shall establish the survey on campus |
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safety under Section 61.081, Education Code, as added by this Act. |
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Not later than May 1, 2017, the board shall post on the board's |
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Internet website the initial report required by Section 61.081(g), |
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Education Code, as added by this Act. |
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SECTION 3. 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, 2015. |