By: Watson, Zaffirini  S.B. No. 970
         (In the Senate - Filed February 21, 2017; March 1, 2017,
  read first time and referred to Committee on State Affairs;
  April 5, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 5, 2017,
  sent to printer.)
Click here to see the committee vote
  COMMITTEE SUBSTITUTE FOR S.B. No. 970 By:  Zaffirini
  relating to a sexual assault policy at public and private
  institutions of higher education.
         SECTION 1.  Section 51.9363, Education Code, is amended to
  read as follows:
         Sec. 51.9363.  [CAMPUS] SEXUAL ASSAULT POLICY. (a)  In this
  section, "postsecondary educational institution" means an
  ["]institution of higher education or a private or independent
  institution of higher education, as those terms are defined[" has
  the meaning assigned] by Section 61.003.
         (b)  Each postsecondary educational institution [of higher
  education] shall adopt a policy on [campus] sexual assault
  applicable to each student enrolled at and each employee of the
  institution.  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; and
               (2)  be approved by the institution's governing board
  before final adoption by the institution.
         (c)  Each postsecondary educational institution [of higher
  education] shall make the institution's [campus] sexual assault
  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 postsecondary educational institution [of higher
  education] shall require each entering freshman or undergraduate
  transfer student to attend an orientation on the institution's
  [campus] sexual assault 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
         (e)  Each postsecondary educational institution shall
  develop and implement a public awareness campaign to inform
  students enrolled at and employees of the institution of the
  institution's sexual assault policy.
         (f)  Each biennium, each postsecondary educational
  institution [of higher education] shall review the institution's
  [campus] sexual assault policy and, with approval of the
  institution's governing board, revise the policy as necessary.
         SECTION 2.  Section 51.9363, Education Code, as amended by
  this Act, applies beginning with the 2017 fall 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.
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