By: Zaffirini S.B. No. 37
 
  (González of El Paso)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal 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.  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 4.  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 5.  This Act takes effect September 1, 2023.