By: Zaffirini, Garcia S.B. No. 50     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:                            (i)  a reasonable person would believe   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                            (ii)  [that] may reasonably be expected to   cause the [a] student to leave the organization or the institution   rather than submit to the activity [acts described in this   subdivision]; [and]                      (E)  is any activity that induces, causes, or   requires the student to perform a duty or task that involves a   violation of the Penal Code; or                      (F)  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(c), Education Code, is amended to   read as follows:          (c)  Not later than the 21st day of each 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 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.          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.  This Act takes effect September 1, 2017.