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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain public and private institutions of |
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higher education to provide students and employees an option to |
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electronically report certain offenses to the institution. |
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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. ELECTRONIC REPORTING OPTION FOR CERTAIN |
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OFFENSES. (a) In this section: |
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(1) "Dating violence" means abuse or violence, or a |
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threat of abuse or violence, against a person with whom the actor |
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has or has had a social relationship of a romantic or intimate |
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nature. |
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(2) "Postsecondary educational institution" means an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003. |
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(3) "Sexual assault" means sexual contact or |
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intercourse with a person without the person's consent, including |
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sexual contact or intercourse against the person's will or in a |
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circumstance in which the person is incapable of consenting to the |
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contact or intercourse. |
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(4) "Sexual harassment" means unwelcome, sex-based |
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verbal or physical conduct that: |
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(A) in the employment context, unreasonably |
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interferes with an employee's work performance or creates an |
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intimidating, hostile, or offensive work environment; or |
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(B) in the education context, is sufficiently |
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severe, persistent, or pervasive that the conduct interferes with a |
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student's ability to participate in or benefit from educational |
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programs or activities. |
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(5) "Stalking" means a course of conduct directed at a |
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person that would cause a reasonable person to fear for the person's |
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safety or to suffer substantial emotional distress. |
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(b) Each postsecondary educational institution shall |
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provide an option for a student enrolled at or an employee of the |
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institution to electronically report to the institution an |
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allegation of sexual harassment, sexual assault, dating violence, |
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or stalking committed against or witnessed by the student or |
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employee, regardless of the location at which the alleged offense |
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occurred. |
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(c) The electronic reporting option provided under |
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Subsection (b) must: |
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(1) enable a student or employee to report the alleged |
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offense anonymously; and |
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(2) be easily accessible through a clearly |
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identifiable link on the postsecondary educational institution's |
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Internet website home page. |
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(d) A protocol for reporting sexual assault adopted under |
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Section 51.9363 must comply with this section. |
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(e) The Texas Higher Education Coordinating Board may adopt |
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rules as necessary to administer this section. |
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(f) The commissioner of higher education shall establish an |
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advisory committee to recommend to the Texas Higher Education |
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Coordinating Board rules for adoption under Subsection (e). The |
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advisory committee consists of nine members appointed by the |
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commissioner. Each member must be a chief executive officer of a |
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postsecondary educational institution or a representative |
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designated by that officer. Not later than December 1, 2017, the |
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advisory committee shall submit the committee's recommendations to |
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the coordinating board. This subsection expires September 1, 2018. |
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SECTION 2. Not later than January 1, 2018, each public or |
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private postsecondary educational institution shall provide the |
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electronic reporting option required under Section 51.9365, |
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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, 2017. |
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