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A BILL TO BE ENTITLED
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AN ACT
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relating to a reporting requirement for certain incidents of sexual |
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harassment, sexual assault, dating violence, or stalking at certain |
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public and private institutions of higher education; creating a |
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criminal offense; authorizing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter E-2 to read as follows: |
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SUBCHAPTER E-2. REPORTING INCIDENTS OF SEXUAL HARASSMENT, SEXUAL |
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ASSAULT, DATING VIOLENCE, AND STALKING |
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Sec. 51.251. DEFINITIONS. In this subchapter: |
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(1) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(2) "Dating violence," "sexual assault," and |
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"stalking" mean dating violence, sexual assault, or stalking, as |
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applicable, that an institution of higher education is required to |
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report under the Jeanne Clery Disclosure of Campus Security Policy |
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and Campus Crime Statistics Act (20 U.S.C. Section 1092(f)). |
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(3) "Employee of a postsecondary educational |
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institution" does not include a student enrolled at the |
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institution. |
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(4) "Postsecondary educational institution" means an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003. |
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(5) "Sexual harassment" means unwelcome, sex-based |
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verbal or physical conduct that: |
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(A) in the employment context, unreasonably |
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interferes with a person's work performance or creates an |
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intimidating, hostile, or offensive work environment; or |
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(B) in the education context, is sufficiently |
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severe, persistent, or pervasive that the conduct interferes with a |
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student's ability to participate in or benefit from educational |
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programs or activities at a postsecondary educational institution. |
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Sec. 51.252. REPORTING REQUIRED FOR CERTAIN INCIDENTS. |
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(a) An employee of a postsecondary educational institution who, in |
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the course and scope of employment, witnesses or receives |
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information regarding the occurrence of an incident that the |
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employee reasonably believes constitutes sexual harassment, sexual |
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assault, dating violence, or stalking and is alleged to have been |
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committed by or against a person who was a student enrolled at or an |
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employee of the institution at the time of the incident shall |
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promptly report the incident to the institution's Title IX |
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coordinator or deputy Title IX coordinator. |
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(b) Except as provided by Subsection (c), the report must |
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include all information concerning the incident known to the |
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reporting person that is relevant to the investigation and, if |
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applicable, redress of the incident, including whether an alleged |
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victim has expressed a desire for confidentiality in reporting the |
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incident. |
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(c) An employee of a postsecondary educational institution |
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designated by the institution as a person with whom students may |
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speak confidentially concerning sexual harassment, sexual assault, |
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dating violence, or stalking or who receives information regarding |
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such an incident under circumstances that render the employee's |
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communications confidential or privileged under other law shall, in |
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making a report under this section, state only the type of incident |
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reported and may not include any information that would violate a |
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student's expectation of privacy. This subsection does not affect |
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the employee's duty to report an incident under any other law. |
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(d) Notwithstanding Subsection (a), a person is not |
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required to make a report under this section concerning: |
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(1) an incident in which the person was a victim of |
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sexual harassment, sexual assault, dating violence, or stalking; or |
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(2) an incident of which the person received |
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information due to a disclosure made at a sexual harassment, sexual |
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assault, dating violence, or stalking public awareness event |
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sponsored by a postsecondary educational institution or by a |
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student organization affiliated with the institution. |
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Sec. 51.253. ADMINISTRATIVE REPORTING REQUIREMENTS. |
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(a) Not less than once every three months, the Title IX |
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coordinator of a postsecondary educational institution shall |
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submit to the institution's chief executive officer a written |
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report on the reports received under Section 51.252, including |
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information regarding: |
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(1) the investigation of those reports; |
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(2) the disposition, if any, of any disciplinary |
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processes arising from those reports; and |
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(3) the reports for which the institution determined |
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not to initiate a disciplinary process, if any. |
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(b) The Title IX coordinator or deputy Title IX coordinator |
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of a postsecondary educational institution shall immediately |
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report to the institution's chief executive officer an incident |
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reported to the coordinator under Section 51.252 if the coordinator |
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has cause to believe that the safety of any person is in imminent |
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danger as a result of the incident. |
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(c) Subject to Subsection (d), at least once during each |
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fall or spring semester, the chief executive officer of a |
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postsecondary educational institution shall submit to the |
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institution's governing body and post on the institution's Internet |
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website a report concerning the reports received under Section |
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51.252. The report: |
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(1) may not identify any person; and |
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(2) must include: |
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(A) the number of reports received under Section |
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51.252; |
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(B) the number of investigations conducted as a |
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result of those reports; |
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(C) the disposition, if any, of any disciplinary |
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processes arising from those reports; |
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(D) the number of those reports for which the |
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institution determined not to initiate a disciplinary process, if |
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any; and |
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(E) any disciplinary actions taken under Section |
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51.255. |
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(d) If for any semester a postsecondary educational |
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institution has fewer than 1,500 enrolled students, the chief |
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executive officer of the institution shall submit and post a report |
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required under Subsection (c) for that semester only if more than |
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five reports were received under Section 51.252 during that |
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semester. |
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Sec. 51.254. IMMUNITIES. (a) A person acting in good |
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faith who reports or assists in the investigation of a report of an |
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incident described by Section 51.252(a) or who testifies or |
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otherwise participates in a disciplinary process or judicial |
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proceeding arising from a report of such an incident: |
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(1) is immune from civil liability, and from criminal |
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liability for offenses punishable by fine only, that might |
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otherwise be incurred or imposed as a result of those actions; and |
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(2) may not be subjected to any disciplinary action by |
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the postsecondary educational institution at which the person is |
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enrolled or employed for any violation by the person of the |
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institution's code of conduct reasonably related to the incident |
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for which suspension or expulsion from the institution is not a |
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possible punishment. |
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(b) Subsection (a) does not apply to a person who |
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perpetrates or assists in the perpetration of the incident reported |
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under Section 51.252. |
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Sec. 51.255. FAILURE TO REPORT OR FALSE REPORT; OFFENSES. |
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(a) A person commits an offense if the person: |
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(1) is required to make a report under Section 51.252 |
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and knowingly fails to make the report; or |
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(2) with the intent to harm or deceive, knowingly |
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makes a report under Section 51.252 that is false. |
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(b) An offense under Subsection (a) is a Class B |
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misdemeanor, except that the offense is a Class A misdemeanor if it |
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is shown on the trial of the offense that the actor intended to |
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conceal the incident that the actor was required to report under |
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Section 51.252. |
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(c) A postsecondary educational institution shall terminate |
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the employment of an employee whom the institution determines in |
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accordance with the institution's disciplinary procedure to have |
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committed an offense under Subsection (a). |
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Sec. 51.256. CONFIDENTIALITY. (a) Unless waived in |
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writing by the alleged victim, the identity of an alleged victim of |
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an incident reported under Section 51.252: |
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(1) is confidential and not subject to disclosure |
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under Chapter 552, Government Code; and |
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(2) may be disclosed only to: |
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(A) employees of the postsecondary educational |
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institution to which the report is made who are necessary to conduct |
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an investigation of the report or any related hearings; or |
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(B) a law enforcement officer as necessary to |
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conduct a criminal investigation of the report. |
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(b) A disclosure under Subsection (a) is not a voluntary |
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disclosure for purposes of Section 552.007, Government Code. |
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(c) Nothing in this section may be construed as prohibiting |
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a victim from making a report to a law enforcement agency using the |
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pseudonym form described by Article 57.02, Code of Criminal |
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Procedure. |
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Sec. 51.257. RETALIATION PROHIBITED. (a) A postsecondary |
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educational institution may not discipline or otherwise |
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discriminate against an employee who in good faith: |
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(1) makes a report as required by Section 51.252; or |
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(2) cooperates with an investigation, a disciplinary |
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process, or a judicial proceeding relating to a report made by the |
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employee as required by Section 51.252. |
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(b) Subsection (a) does not apply to an employee who: |
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(1) reports an incident described by Section 51.252(a) |
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perpetrated by the employee; or |
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(2) cooperates with an investigation, a disciplinary |
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process, or a judicial proceeding relating to an allegation that |
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the employee perpetrated an incident described by Section |
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51.252(a). |
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Sec. 51.258. COMPLIANCE. (a) The chief executive officer |
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of each postsecondary educational institution shall annually |
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certify in writing to the coordinating board that the institution |
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is in substantial compliance with this subchapter. |
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(b) If the coordinating board determines that a |
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postsecondary educational institution is not in substantial |
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compliance with this subchapter, the coordinating board may assess |
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an administrative penalty against the institution in an amount not |
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to exceed $2 million. In determining the amount of the penalty, the |
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coordinating board shall consider the nature of the violation and |
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the number of students enrolled at the institution. |
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(c) If the coordinating board assesses an administrative |
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penalty against a postsecondary educational institution under |
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Subsection (b), the coordinating board shall provide to the |
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institution written notice of the coordinating board's reasons for |
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assessing the penalty. |
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(d) A postsecondary educational institution assessed an |
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administrative penalty under Subsection (b) may appeal the penalty |
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in the manner provided by Chapter 2001, Government Code. |
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(e) A postsecondary educational institution may not pay an |
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administrative penalty assessed under Subsection (b) using state or |
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federal money. |
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(f) An administrative penalty collected under this section |
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shall be deposited to the credit of the sexual assault program fund |
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established under Section 420.008, Government Code. |
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(g) The coordinating board shall annually submit to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the standing legislative committees with |
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primary jurisdiction over legislation concerning sexual assault at |
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postsecondary educational institutions a report regarding |
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compliance with this subchapter, including a summary of the |
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postsecondary educational institutions found not to be in |
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substantial compliance as provided by this section and any |
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penalties assessed under this section during the calendar year |
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preceding the date of the report. |
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Sec. 51.259. RULES. The coordinating board shall adopt |
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rules as necessary to implement and enforce this subchapter, |
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including rules that ensure implementation of this subchapter in a |
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manner that complies with federal law regarding confidentiality of |
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student educational information, including the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). In |
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adopting those rules, the coordinating board shall use the |
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negotiated rulemaking procedures under Chapter 2008, Government |
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Code, and consult with relevant stakeholders. |
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Sec. 51.260. TRAINING ADVISORY COMMITTEE. (a) The |
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commissioner of higher education shall establish an advisory |
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committee to develop recommended training for persons required to |
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report certain incidents under Section 51.252 and for Title IX |
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coordinators and deputy Title IX coordinators at postsecondary |
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educational institutions. |
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(b) The advisory committee consists of nine members |
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appointed by the commissioner of higher education as follows: |
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(1) eight members who are a chief executive officer of |
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a postsecondary educational institution or a representative |
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designated by that officer; and |
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(2) one member who is a representative of an advocacy |
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organization for victims of sexual assault or family violence. |
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(c) Not later than December 1, 2019, the advisory committee |
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shall develop the recommended training under Subsection (a). |
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(d) This section expires September 1, 2020. |
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SECTION 2. Section 61.0331, Education Code, is amended to |
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read as follows: |
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Sec. 61.0331. NEGOTIATED RULEMAKING REQUIRED. The board |
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shall engage institutions of higher education in a negotiated |
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rulemaking process as described by Chapter 2008, Government Code, |
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when adopting a policy, procedure, or rule relating to: |
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(1) an admission policy regarding the common admission |
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application under Section 51.762, a uniform admission policy under |
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Section 51.807, graduate and professional admissions under Section |
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51.843, or the transfer of credit under Section 61.827; |
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(2) the allocation or distribution of funds, including |
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financial aid or other trusteed funds under Section 61.07761; |
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(3) the reevaluation of data requests under Section |
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51.406; [or] |
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(4) compliance monitoring under Section 61.035; or |
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(5) the reporting of certain incidents of sexual |
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harassment, sexual assault, dating violence, or stalking under |
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Subchapter E-2, Chapter 51. |
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SECTION 3. Section 420.008(b), Government Code, is amended |
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to read as follows: |
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(b) The fund consists of: |
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(1) fees collected under: |
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(A) [(1)] Article 42A.653(a), Code of Criminal |
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Procedure; |
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(B) [(2)] Section 508.189, Government Code; and |
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(C) [(3)] Subchapter B, Chapter 102, Business & |
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Commerce Code, and deposited under Section 102.054 of that code; |
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and |
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(2) administrative penalties collected under Section |
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51.258, Education Code. |
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SECTION 4. Sections 51.251-51.259, Education Code, as added |
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by this Act, and Section 61.0331, Education Code, as amended by this |
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Act, apply beginning January 1, 2020. |
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SECTION 5. Not later than January 1, 2021, the Texas Higher |
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Education Coordinating Board shall submit its initial report |
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required under Section 51.258(g), Education Code, as added by this |
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Act. |
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SECTION 6. (a) Except as provided by Subsections (b) and |
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(c) of this section, this Act takes effect September 1, 2019. |
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(b) Section 51.260, Education Code, as added by this Act, |
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takes effect immediately if this Act receives a vote of two-thirds |
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of all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, Section 51.260, Education |
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Code, as added by this Act, takes effect September 1, 2019. |
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(c) Section 51.255(a), Education Code, as added by this Act, |
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takes effect January 1, 2020. |
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* * * * * |