By: Zaffirini, et al. S.B. No. 38
 
  (Lozano, Frullo)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of hazing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.151(6), Education Code, is amended to
  read as follows:
               (6)  "Hazing" means any intentional, knowing, or
  reckless act, occurring on or off the campus of an educational
  institution, by one person alone or acting with others, directed
  against a student[, that endangers the mental or physical health or
  safety of a student] for the purpose of pledging, being initiated
  into, affiliating with, holding office in, or maintaining
  membership in an organization if the act:
                     (A)  is[.  The term includes:
                     [(A)]  any type of physical brutality, such as
  whipping, beating, striking, branding, electronic shocking,
  placing of a harmful substance on the body, or similar activity;
                     (B)  involves [any type of physical activity, such
  as] sleep deprivation, exposure to the elements, confinement in a
  small space, calisthenics, or other similar activity that subjects
  the student to an unreasonable risk of harm or that adversely
  affects the mental or physical health or safety of the student;
                     (C)  involves [any activity involving]
  consumption of a food, liquid, alcoholic beverage, liquor, drug, or
  other substance, other than as described by Paragraph (F), that
  subjects the student to an unreasonable risk of harm or that
  adversely affects the mental or physical health or safety of the
  student;
                     (D)  is [any activity that intimidates or
  threatens the student with ostracism, that subjects the student to
  extreme mental stress, shame, or humiliation, that adversely
  affects the mental health or dignity of the student or discourages
  the student from entering or remaining registered in an educational
  institution, or that may reasonably be expected to cause a student
  to leave the organization or the institution rather than submit to
  acts described in this subdivision; and
                     [(E)]  any activity that induces, causes, or
  requires the student to perform a duty or task that involves a
  violation of the Penal Code; or
                     (E)  involves coercing, as defined by Section
  1.07, Penal Code, the student to consume an alcoholic beverage,
  liquor, or drug.
         SECTION 2.  Section 37.155, Education Code, is amended to
  read as follows:
         Sec. 37.155.  IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY
  AVAILABLE. (a)  In the prosecution of an offense under this
  subchapter, the court may grant immunity from prosecution for the
  offense to each person who is subpoenaed to testify for the
  prosecution and who does testify for the prosecution.
         (b)  Any person who voluntarily reports [reporting] a
  specific hazing incident involving a student in an educational
  institution to the dean of students or other appropriate official
  of the institution is immune from civil or criminal liability that
  might otherwise be incurred or imposed as a result of the reported
  hazing incident if the person:
               (1)  reports the incident before being contacted by the
  institution concerning the incident or otherwise being included in
  the institution's investigation of the incident; and
               (2)  as determined by the dean of students or other
  appropriate official of the institution designated by the
  institution, cooperates in good faith throughout any institutional
  process regarding the incident [report].
         (c)  Immunity under Subsection (b) extends to participation
  in any judicial proceeding resulting from the report.
         (d)  A person is not immune under Subsection (b) if the
  person:
               (1)  reports the person's own act of hazing; or
               (2)  reports an incident of hazing [reporting] in bad
  faith or with malice [is not protected by this section].
         SECTION 3.  Subchapter F, Chapter 37, Education Code, is
  amended by adding Section 37.158 to read as follows:
         Sec. 37.158.  VENUE. (a)  In this section, "prosecuting
  attorney" means a county attorney, district attorney, or criminal
  district attorney.
         (b)  An offense under this subchapter may be prosecuted:
               (1)  in any county in which the offense may be
  prosecuted under other law; or
               (2)  if the consent required by Subsection (c) is
  provided, in a county, other than a county described by Subdivision
  (1), in which is located the educational institution campus at
  which a victim of the offense is enrolled.
         (c)  An offense under this subchapter may be prosecuted in a
  county described by Subsection (b)(2) only with the written consent
  of a prosecuting attorney of a county described by Subsection
  (b)(1) who has authority to prosecute an offense under this
  subchapter.
         SECTION 4.  Section 51.936, Education Code, is amended by
  amending Subsection (c) and adding Subsections (c-1) and (c-2) to
  read as follows:
         (c)  Not later than the 14th day before the first class day of
  each fall or spring semester, each [Each] postsecondary educational
  institution shall distribute to each student enrolled at the
  institution [during the first three weeks of each semester]:
               (1)  a summary of the provisions of Subchapter F,
  Chapter 37; and
               (2)  a copy of, or an electronic link to a copy of, the
  report required under Subsection (c-1) [list of organizations that
  have been disciplined for hazing or convicted for hazing on or off
  the campus of the institution during the preceding three years].
         (c-1)  Each postsecondary educational institution shall
  develop and post in a prominent location on the institution's
  Internet website a report on hazing committed on or off campus by an
  organization registered with or recognized by the institution. The
  report:
               (1)  must include information regarding each
  disciplinary action taken by the institution against an
  organization for hazing, and each conviction of hazing under
  Section 37.153 by an organization, during the three years preceding
  the date on which the report is issued or updated, including:
                     (A)  the name of the organization disciplined or
  convicted;
                     (B)  the date on which the incident occurred or
  the citation was issued, if applicable;
                     (C)  the date on which the institution's
  investigation into the incident, if any, was initiated;
                     (D)  a general description of:
                           (i)  the incident;
                           (ii)  the violations of the institution's
  code of conduct or the criminal charges, as applicable;
                           (iii)  the findings of the institution or
  court; and
                           (iv)  any sanctions imposed by the
  institution, or any fines imposed by the court, on the
  organization; and
                     (E)  the date on which the institution's
  disciplinary process was resolved or on which the conviction became
  final;
               (2)  must be updated to include information regarding
  each disciplinary process or conviction not later than the 30th day
  after the date on which the disciplinary process is resolved or the
  conviction becomes final, as applicable; and
               (3)  may not include personally identifiable student
  information and must comply with the Family Educational Rights and
  Privacy Act of 1974 (20 U.S.C. Section 1232g).
         (c-2)  Each postsecondary educational institution shall
  provide to each student who attends the institution's student
  orientation a notice regarding the nature and availability of the
  report required under Subsection (c-1), including the report's
  Internet website address.
         SECTION 5.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 6.  Section 37.155, Education Code, as amended by
  this Act, applies only to a civil cause of action that accrues on or
  after the effective date of this Act. An action that accrued before
  the effective date of this Act is governed by the law in effect at
  the time the action accrued, and that law is continued in effect for
  that purpose.
         SECTION 7.  Section 51.936(c), Education Code, as amended by
  this Act, and Section 51.936(c-2), Education Code, as added by this
  Act, apply beginning with the 2020 spring semester.
         SECTION 8.  Not later than January 1, 2020, each
  postsecondary educational institution shall develop and post on the
  institution's Internet website the report required under Section
  51.936(c-1), Education Code, as added by this Act.
         SECTION 9.  This Act takes effect September 1, 2019.