Honorable J. M. Lozano, Chair, House Committee on Higher Education
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB576 by Huffman (Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would require any postsecondary education institution employee who became aware of an alleged incident of sexual harassment, sexual assault, dating violence, or stalking committed by or against a student or employee of the institution to report the incident to the institution's Title IX coordinator or deputy coordinator. This reporting requirement would also apply to an officer of a student organization if the officer witnessed or received information about an incident while serving in the officer's official capacity.
An institution would be required to terminate employment of an employee who fails to report an incident as required by the bill or makes a report that is false with intent to harm or deceive. An institution would be required to suspend for at least one year a student who was required to make a report but who fails to make the report or who makes a false report.
Failure to make a report or intentionally making a false report by an postsecondary education institution employee would be a Class B misdemeanor. Such an offense would be a Class A misdemeanor if it was shown at trial that the employee knowingly intended to conceal the incident.
The Texas Higher Education Coordinating Board would be authorized to assess an administrative penalty of up to $2.0 million against an institution that failed to comply with the requirements of the bill. Such a penalty could not be paid from state or federal funds and would be credited to the sexual assault program fund under Government Code, Section 420.008.
The bill would require the Commissioner of Higher Education to establish an advisory committee that would develop a training program for persons required to report incidents under the bill and for Title IX coordinators. The bill also specifies various reporting requirements about incidents governed by the bill for institutions' Title IX coordinators and chief executive officers.
Provisions in the bill that are related to the training advisory committee would take immediate effect if the bill receives a two-thirds vote in both houses of the Legislature. Otherwise, those provisions would take effect September 1, 2017. Provisions in the bill that create an offense would take effect January 1, 2018. All other provisions would take effect September 1, 2017.
Based on an analysis of agency responses, it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished by using existing resources.
This legislation would do one or more of the following: create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either with or outside of the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
Local Government Impact
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies:
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 710 Texas A&M University System Administrative and General Offices, 769 University of North Texas System Administration, 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 781 Higher Education Coordinating Board, 783 University of Houston System Administration