S.B. No. 36

AN ACT

relating to creation of a higher education task force focused on mental health services and the offense of hazing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.152(a), Education Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) engages in hazing;

(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;

(3) recklessly permits hazing to occur; or

(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge [in writing] to the dean of students or other appropriate official of the institution, a peace officer, or a law enforcement agency.

SECTION 2. Section 37.155(b), Education Code, is amended to read as follows:

(b) Any person, including an entity organized to support an organization, who voluntarily reports a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution, a peace officer, or a law enforcement agency 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 or a law enforcement agency concerning the incident or otherwise being included in the institution's or a law enforcement agency'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:

(A) any institutional process regarding the incident, as determined by the dean of students or other appropriate official of the institution designated by the institution; or

(B) any law enforcement agency's investigation regarding the incident, as determined by the chief or other appropriate official of the law enforcement agency designated by the law enforcement agency.

SECTION 3. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.91931 to read as follows:

Sec. 51.91931. COLLABORATIVE TASK FORCE ON HIGHER EDUCATION MENTAL HEALTH SERVICES. (a) In this section:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Institution of higher education" has the meaning assigned by Section 61.003.

(3) "Task force" means the Collaborative Task Force on Higher Education Mental Health Services.

(b) The Collaborative Task Force on Higher Education Mental Health Services is established to study and evaluate mental health services provided at institutions of higher education directly to students enrolled at the institution, including students who have experienced hazing. The task force shall:

(1) research the capacity of institutions of higher education to identify and address the mental health needs of students, including students who have experienced hazing, including for each institution:

(A) performing an equity analysis of the provision of services at the institution, including analyzing the number of mental health providers on campus, the length of time a student must wait for an appointment, partner referrals, length of treatment, and the types of services provided;

(B) the mental health provider-to-student ratios;

(C) the number of community partnerships and referrals for inpatient or outpatient mental health treatment;

(D) the total amount of funds and the total amount of funds as a percentage of the institution's budget allocated to direct mental health support services;

(E) campus-wide needs assessment of mental health climate and student experiences accessing mental health care; and

(F) staff and faculty mental health training opportunities, such as mental health first aid and suicide prevention initiatives, as well as staff and faculty opportunities to receive mental health care;

(2) identify institutional, environmental, and social barriers that directly impact student mental health and well-being, including incidents of hazing; and

(3) explore innovative and effective approaches to meeting the mental health needs of students, with specific focus on first generation college students, students of color, economically disadvantaged students, students who are parents, students of various sexual orientations, survivors of sexual assault, students who have experienced hazing, students who are immigrants, students who are or were previously in the conservatorship of the Department of Family and Protective Services, and students from rural communities, including:

(A) stigma reduction and awareness initiatives;

(B) peer support initiatives;

(C) action plans based on campus assessment;

(D) recruiting and retaining counseling staff of color;

(E) telehealth accessibility and expansion; and

(F) addressing trauma and cultivating resiliency.

(c) The task force is composed of:

(1) the commissioner of higher education or the commissioner's designee;

(2) the following additional members appointed by the commissioner of higher education:

(A) three students who are enrolled at an institution of higher education in this state, at least one of whom is enrolled in a certificate program or a junior college;

(B) two persons who provide mental health services at an institution of higher education and who are:

(i) a psychologist, as defined by Section 501.002, Occupations Code;

(ii) a licensed professional counselor, as defined by Section 503.002, Occupations Code; or

(iii) a licensed clinical social worker, as defined by Section 505.002, Occupations Code;

(C) one person who is a psychiatrist;

(D) two persons who are higher education administrators and who oversee the provision of mental health services at an institution of higher education;

(E) one person who is a member of a foundation that invests in mental health services provided at institutions of higher education;

(F) one person who is an employee of an institution of higher education designated under Subsection (k) or (l); and

(G) three people who are employees of nonprofit organizations that specialize in mental health for young adults or college students; and

(3) for any other entity the task force considers necessary, one person appointed by the task force for each such entity.

(d) Persons appointed to serve on the task force shall be selected to represent the racial, ethnic, and socioeconomic diversity of this state.

(e) Chapter 2110, Government Code, does not apply to the task force.

(f) The commissioner of higher education is designated as the interim presiding officer for purposes of calling and conducting the initial meeting of the task force.

(g) The task force:

(1) shall at its initial meeting select a presiding officer from among its members for the purpose of calling and conducting meetings; and

(2) may select an assistant presiding officer and a secretary from among its members.

(h) A member of the task force may not receive compensation or reimbursement for service on the task force.

(i) After its initial meeting, the task force shall meet at least twice each year at a time and place determined by the presiding officer. The task force may meet at other times the task force considers appropriate. The presiding officer may call a meeting on the presiding officer's own motion.

(j) The task force may meet by teleconference.

(k) The commissioner of higher education shall designate one institution of higher education with experience in evaluating mental health services to serve as the lead institution for the task force. The institution designated under this subsection shall provide faculty, staff, and administrative support services to the task force as determined necessary by the task force.

(l) The commissioner of higher education shall designate two institutions of higher education with experience in evaluating mental health services to assist the task force and the lead institution.

(m) In making a designation under Subsections (k) and (l), the commissioner of higher education shall give preference to at least one predominantly black institution, as defined by 20 U.S.C. Section 1067q(c)(9).

(n) The coordinating board shall maintain the data collected by the task force and the work product of the task force.

(o) The task force shall ensure that data gathered, information studied, and evaluations conducted under this section:

(1) are collected and maintained in compliance with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and any state law relating to the privacy of student or health information; and

(2) may not be shared with a federal agency or state agency, except as otherwise provided by law.

(p) The coordinating board may accept gifts, grants, or donations on behalf of the task force to carry out the task force's duties under this section.

(q) Not later than December 1, 2024, the task force shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the coordinating board a report of the results of the task force's activities conducted under this section and any recommendations for legislative or other action.

(r) The task force is abolished and this section expires September 1, 2025.

SECTION 4. 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 5. 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 6. This Act takes effect September 1, 2021.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 36 passed the Senate on April 8, 2021, by the following vote: Yeas 29, Nays 1; and that the Senate concurred in House amendment on May 29, 2021, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 36 passed the House, with amendment, on May 26, 2021, by the following vote: Yeas 97, Nays 49, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor