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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 amnesty to students who report |
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incidents of sexual assault. |
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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 51.9366 to read as follows: |
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Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF |
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SEXUAL ASSAULT. (a) In this section: |
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(1) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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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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(b) A postsecondary educational institution may not take |
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any disciplinary action against a student enrolled at the |
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institution for a violation by the student of the institution's |
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policies on student conduct if the student in good faith reports to |
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the institution being the victim of, or a witness to, an incident of |
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sexual assault and the violation of the institution's policies is |
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in relation to the incident. This subsection applies regardless of |
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the location at which the incident occurred or the outcome of the |
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institution's disciplinary process regarding the incident, if any. |
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(c) A determination that a student is entitled to amnesty |
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under Subsection (b) is final and may not be revoked. |
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(d) Subsection (b) does not apply to a student who reports |
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the student's own commission of sexual assault or assistance in the |
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commission of sexual assault. |
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(e) This section may not be construed to limit a |
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postsecondary educational institution's ability to provide amnesty |
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from application of the institution's policies in circumstances not |
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described by Subsection (b). |
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(f) The coordinating board may adopt rules as necessary to |
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implement and enforce this section. |
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(g) The commissioner of higher education shall establish an |
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advisory committee to recommend to the coordinating board rules for |
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adoption under Subsection (f). The advisory committee consists of |
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nine members appointed by the commissioner. Each member must be a |
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chief executive officer of a postsecondary educational institution |
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or a representative designated by that officer. Not later than |
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December 1, 2017, the advisory committee shall submit the |
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committee's recommendations to the coordinating board. This |
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subsection expires September 1, 2018. |
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SECTION 2. Section 51.9366, Education Code, as added by |
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this Act, applies beginning with the 2018 spring semester. |
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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. |