Honorable Joan Huffman, Chair, Senate Committee on State Affairs
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, family violence, or stalking at public institutions of higher education; creating a criminal offense.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would require any higher education institution employee or the highest ranking student organization member who became aware of an alleged incident of sexual harassment, sexual assault, family violence, or stalking committed by or against a student or employee of the institution to report the incident to the institution's chief executive officer. The employee or student organization member would have to make the report within 48 hours of becoming aware of the incident.
Failure to make a report as required under the bill would be a Class B misdemeanor. Such an offense would be a Class A misdemeanor if it was shown at trial that the employee or student organization member intended to conceal the incident. Knowingly making a false report would be a state jail felony. However, knowingly making a false report would be third degree felony if it was shown at trial that the employee or student organization member had previously been convicted of making a false report. It would not be an offense if the employee or student did not report the incident because the victim requested that the incident not be reported.
The bill would require the Texas Higher Education Coordinating Board (THECB) to develop and administer a training program for chief executive officers of institutions of higher education about receiving such reports. The bill would require each higher education institution chief executive to issue a report at least twice per year to the institution's governing body detailing any incidents of sexual harassment, sexual assault, family violence, or stalking.
The bill would apply beginning with the 2018-19 academic year. The bill would take effect September 1, 2017. However, provisions in the bill that create an offenses would take effect September 1, 2018.
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 analysis also assumes that the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice, 710 Texas A&M University System Administrative and General Offices, 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