By: Zaffirini S.B. No. 33
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of hazing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.151(6), Education Code, is amended to
  read as follows:
               (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 if the act:
                     (A)  is[.  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)  involves [any type of physical activity, such
  as] sleep deprivation, exposure to the elements, confinement in a
  small space, calisthenics, or other similar 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)  involves [any activity involving]
  consumption of a food, liquid, alcoholic beverage, liquor, drug, or
  other substance, other than as described 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)  is any activity that:
                           (i)  a reasonable person would believe
  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
                           (ii)  [that] may reasonably be expected to
  cause the [a] student to leave the organization or the institution
  rather than submit to the activity [acts described in this
  subdivision]; [and]
                     (E)  is any activity that induces, causes, or
  requires the student to perform a duty or task that involves a
  violation of a state or federal penal law or a penal ordinance of a
  political subdivision; or
                     (F)  involves coercing, as defined by Section
  1.07, Penal Code, the student to consume an alcoholic beverage,
  liquor, or drug or creates an environment in which the student
  reasonably feels coerced to consume any of those substances [the
  Penal Code].
         SECTION 2.  Section 37.155, Education Code, is amended to
  read as follows:
         Sec. 37.155.  IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY
  AVAILABLE.  (a)  In the prosecution of an offense under this
  subchapter, the court may grant immunity from prosecution for the
  offense to each person who is subpoenaed to testify for the
  prosecution and who does testify for the prosecution.
         (b)  Any person who voluntarily reports [reporting] a
  specific hazing incident involving a student in an educational
  institution to the dean of students or other appropriate official
  of the institution is immune from civil or criminal liability that
  might otherwise be incurred or imposed as a result of the reported
  hazing incident if the person:
               (1)  reports the incident before being contacted by the
  institution concerning the incident or otherwise being included in
  the institution's investigation of the incident; and
               (2)  as determined by the dean of students or other
  appropriate official of the institution designated by the
  institution, cooperates in good faith throughout any institutional
  process regarding the incident [report].
         (c)  Immunity under Subsection (b) extends to participation
  in any judicial proceeding resulting from the report.
         (d)  A person is not immune under Subsection (b) if the
  person:
               (1)  reports the person's own act of hazing; or
               (2)  reports an incident of hazing [reporting] in bad
  faith or with malice [is not protected by this section].
         SECTION 3.  Subchapter F, Chapter 37, Education Code, is
  amended by adding Section 37.158 to read as follows:
         Sec. 37.158.  VENUE. (a)  In this section, "prosecuting
  attorney" means a county attorney, district attorney, or criminal
  district attorney.
         (b)  An offense under this subchapter may be prosecuted:
               (1)  in any county in which the offense may be
  prosecuted under other law; or
               (2)  if the consent required by Subsection (c) is
  provided, in a county, other than a county described by Subdivision
  (1), in which is located the educational institution campus at
  which a victim of the offense is enrolled.
         (c)  An offense under this subchapter may be prosecuted in a
  county described by Subsection (b)(2) only with the written consent
  of a prosecuting attorney of a county described by Subsection
  (b)(1) who has authority to prosecute an offense under this
  subchapter.
         SECTION 4.  Section 51.936(c), Education Code, is amended to
  read as follows:
         (c)  Not later than the 21st day 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 5.  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 6.  Section 37.155, Education Code, as amended by
  this Act, applies only to a civil cause of action that accrues on or
  after the effective date of this Act. An action that accrued before
  the effective date of this Act is governed by the law in effect at
  the time the action accrued, and that law is continued in effect for
  that purpose.
         SECTION 7.  This Act takes effect September 1, 2015.