By: Watson, et al. S.B. No. 969
  (Leach, Alvarado, Howard)
  relating to requiring certain public and private institutions of
  higher education to provide amnesty to students who report
  incidents of sexual assault.
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9366 to read as follows:
  SEXUAL ASSAULT. (a)  In this section:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "Postsecondary educational institution" means an
  institution of higher education or a private or independent
  institution of higher education, as those terms are defined by
  Section 61.003.
               (3)  "Sexual assault" means sexual contact or
  intercourse with a person without the person's consent, including
  sexual contact or intercourse against the person's will or in a
  circumstance in which the person is incapable of consenting to the
  contact or intercourse.
         (b)  A postsecondary educational institution may not take
  any disciplinary action against a student enrolled at the
  institution for a violation by the student of the institution's
  policies on student conduct if the student in good faith reports to
  the institution being the victim of, or a witness to, an incident of
  sexual assault and the violation of the institution's policies is
  in relation to the incident. This subsection applies regardless of
  the location at which the incident occurred or the outcome of the
  institution's disciplinary process regarding the incident, if any.
         (c)  A determination that a student is entitled to amnesty
  under Subsection (b) is final and may not be revoked.
         (d)  Subsection (b) does not apply to a student who reports
  the student's own commission of sexual assault or assistance in the
  commission of sexual assault.
         (e)  This section may not be construed to limit a
  postsecondary educational institution's ability to provide amnesty
  from application of the institution's policies in circumstances not
  described by Subsection (b).
         (f)  The coordinating board may adopt rules as necessary to
  implement and enforce this section.
         (g)  The commissioner of higher education shall establish an
  advisory committee to recommend to the coordinating board rules for
  adoption under Subsection (f).  The advisory committee consists of
  nine members appointed by the commissioner.  Each member must be a
  chief executive officer of a postsecondary educational institution
  or a representative designated by that officer.  Not later than
  December 1, 2017, the advisory committee shall submit the
  committee's recommendations to the coordinating board.  This
  subsection expires September 1, 2018.
         SECTION 2.  Section 51.9366, Education Code, as added 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.