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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring public institutions of higher education to |
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develop and establish an online reporting system for sex offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9365 to read as follows: |
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Sec. 51.9365. ONLINE REPORTING SYSTEM FOR SEX OFFENSES. |
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(a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Sex offense" means a sex offense that an |
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institution of higher education is required to report under the |
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Jeanne Clery Disclosure of Campus Security Policy and Campus Crime |
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Statistics Act (20 U.S.C. Section 1092(f)). |
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(b) Each institution of higher education shall develop and |
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establish or contract with a third party to develop and establish an |
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online reporting system through which a student enrolled at the |
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institution may report to the institution an allegation of a sex |
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offense committed against or witnessed by the student if: |
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(1) the perpetrator of the alleged sex offense is a |
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student enrolled at or an employee of the institution; or |
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(2) the alleged sex offense occurred: |
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(A) on the institution's campus or any other |
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property owned by or under the control of the institution, or in |
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close proximity to the campus or property; or |
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(B) during any event or activity sponsored or |
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sanctioned by the institution. |
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(c) The online reporting system must enable a student to |
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choose one or more of the following options: |
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(1) to report the alleged sex offense to the |
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institution; |
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(2) to electronically record a statement of the |
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alleged sex offense, including in the form of a photograph, video, |
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voice recording, or similar medium that contains information |
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relating to the alleged sex offense, or an addendum to the |
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statement, that: |
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(A) includes an electronic stamp of the time and |
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date the statement or addendum was made; |
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(B) may not be edited or otherwise altered; and |
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(C) may be submitted to the institution by the |
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student at a time chosen by the student; |
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(3) to submit the student's report of the alleged sex |
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offense to the institution, but only if: |
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(A) another student enrolled at the institution |
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reports to the institution through the system an allegation of a sex |
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offense committed by the same perpetrator; and |
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(B) both students identify the alleged |
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perpetrator through the system by a student or employee |
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identification number or e-mail address issued by the institution |
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or a similar form of identification selected for that purpose by the |
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institution; |
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(4) to access at any time any information entered into |
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the system by the student; and |
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(5) to remain anonymous. |
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(d) Each institution of higher education shall ensure that |
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information contained in the online reporting system is encrypted |
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using zero-knowledge encryption. |
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(e) An institution of higher education shall initiate an |
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investigation into a report submitted to the institution through |
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the online reporting system as soon as practicable after receiving |
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the report. |
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(f) A protocol for reporting sexual assault adopted under |
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Section 51.9363 must comply with this section. |
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(g) The Texas Higher Education Coordinating Board shall |
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adopt rules as necessary to implement this section in a manner that |
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complies with federal law regarding confidentiality of student |
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educational information, including the Family Educational Rights |
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and Privacy Act of 1974 (20 U.S.C. Section 1232g). |
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SECTION 2. Not later than January 1, 2018, each public |
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institution of higher education shall develop and establish the |
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online reporting system required under Section 51.9365, Education |
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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, 2017. |