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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of hazing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.152(a), Education Code, is amended as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) engages in hazing; |
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(2) solicits, encourages, directs, aids, or attempts |
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to aid another in engaging in hazing; |
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(3) recklessly permits hazing to occur; or |
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(4) has firsthand knowledge of the planning of a |
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specific hazing incident involving a student in an educational |
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institution, or has firsthand knowledge that a specific hazing |
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incident has occurred, and knowingly fails to report that knowledge |
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[in writing] to the dean of students, [or] another appropriate |
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official of the institution, a peace officer, or a law enforcement |
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agency. |
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SECTION 2. Section 37.155(b), Education Code, is amended to |
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read as follows: |
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(b) Any person, including an entity organized to support a |
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student group at an educational institution, who voluntarily |
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reports a specific hazing incident involving a student in an |
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educational institution to the dean of students, [or] another |
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appropriate official of the institution, a peace officer, or a law |
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enforcement agency is immune from civil or criminal liability that |
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might otherwise be incurred or imposed as a result of the reported |
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hazing incident if the person: |
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(1) reports the incident before being contacted by the |
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institution concerning the incident or otherwise being included in |
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the institution's investigation of the incident; and |
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(2) as determined by the dean of students or other |
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appropriate official of the institution designated by the |
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institution, cooperates in good faith throughout any institutional |
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process regarding the incident. |
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SECTION 3. Section 37.157, Education Code, is amended to |
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read as follows: |
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Sec. 37.157. REPORTING BY MEDICAL AUTHORITIES. A doctor or |
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other medical practitioner who treats a student who may have been |
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subjected to hazing activities: |
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(1) shall [may] report the suspected hazing activities |
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to police or other law enforcement officials; and |
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(2) is immune from civil or other liability that might |
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otherwise be imposed or incurred as a result of the report, unless |
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the report is made in bad faith or with malice. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. Section 37.155, Education Code, as amended by |
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this Act, applies only to a civil cause of action that accrues on or |
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after the effective date of this Act. An action that accrued before |
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the effective date of this Act is governed by the law in effect at |
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the time the action accrued, and that law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |