85R4389 KJE-D
 
  By: Canales H.B. No. 1096
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring public institutions of higher education to
  establish a policy and prevention and outreach program on campus
  sexual assault, family violence, and stalking.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.9363, Education Code, is amended to
  read as follows:
         Sec. 51.9363.  CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND
  STALKING POLICY AND PREVENTION.  (a)  In this section:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (3)  "Institution [, "institution] of higher
  education" has the meaning assigned by Section 61.003.
         (b)  Each institution of higher education shall adopt a
  policy on campus sexual assault, family violence, and stalking. The
  policy must:
               (1)  include:
                     (A)  definitions of prohibited behavior;
                     (B)  sanctions for violations; and
                     (C)  the protocol for reporting and responding to
  reports of campus sexual assault, family violence, and stalking;
  and
               (2)  be approved by the institution's governing board
  before final adoption by the institution.
         (c)  Each institution of higher education shall make the
  institution's campus sexual assault, family violence, and stalking
  policy available to students, faculty, and staff members by:
               (1)  including the policy in the institution's student
  handbook and personnel handbook; and
               (2)  creating and maintaining a web page on the
  institution's Internet website dedicated solely to the policy.
         (d)  Each institution of higher education shall require each
  entering freshman or undergraduate transfer student to attend an
  orientation on the institution's campus sexual assault, family
  violence, and stalking policy before or during the first semester
  or term in which the student is enrolled at the institution. The
  institution shall establish the format and content of the
  orientation. The orientation must include the information
  described by Subsection (e)(2).
         (e)  Each institution of higher education shall develop and
  implement a comprehensive prevention and outreach program on campus
  sexual assault, family violence, and stalking. The program must:
               (1)  address a range of strategies to prevent campus
  sexual assault, family violence, and stalking, including a victim
  empowerment program, a public awareness campaign, primary
  prevention, bystander intervention, and risk reduction; and
               (2)  provide to all students enrolled at the
  institution and all student organizations recognized by or
  registered with the institution information regarding the
  institution's campus sexual assault, family violence, and stalking
  policy, including what constitutes consent to sexual activity and
  the rights and responsibilities of students under the policy.
         (f)  Each biennium, each institution of higher education
  shall review the institution's campus sexual assault, family
  violence, and stalking policy and, with approval of the
  institution's governing board, revise the policy as necessary.
         (g)  An institution of higher education may not receive any
  state funding for a fiscal year following a year in which the
  coordinating board determines that the institution has not
  substantially complied with the requirements under this section.
         (h)  The coordinating board may adopt rules as necessary to
  enforce this section.
         SECTION 2.  Section 51.9363, Education Code, as amended by
  this Act, applies beginning with the 2018 spring semester.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.