By: Guillen H.B. No. 3764       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a college to adopt a sexual harassment   policy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.282(a), Education Code, is amended to   read as follows:          (a)  Each postsecondary educational institution shall adopt   a policy on sexual harassment, sexual assault, dating violence, and   stalking applicable to each student enrolled at and each employee   of the institution.  The policy must:                (1)  include:                      (A)  definitions of prohibited behavior;                      (B)  sanctions for violations;                      (C)  the protocol for reporting and responding to   reports of sexual harassment, sexual assault, dating violence, and   stalking;                      (D)  interim measures to protect victims of sexual   harassment, sexual assault, dating violence, or stalking during the   pendency of the institution's disciplinary process, including   protection from retaliation, and any other accommodations   available to those victims at the institution; and                      (E)  a statement regarding:                            (i)  the importance of a victim of sexual   harassment, sexual assault, dating violence, or stalking going to a   hospital for treatment and preservation of evidence, if applicable,   as soon as practicable after the incident;                            (ii)  the right of a victim of sexual   harassment, sexual assault, dating violence, or stalking to report   the incident to the institution and to receive a prompt and   equitable resolution of the report; and                            (iii)  the right of a victim of a crime to   choose whether to report the crime to law enforcement, to be   assisted by the institution in reporting the crime to law   enforcement, or to decline to report the crime to law enforcement;   and                (2)  be approved by the institution's governing board   before final adoption by the institution.;and                (3)  for institutions with an enrollment of less than   5,000 students, any policy changes implemented after the initial   approval can be made by the institution's President's Council or   other body that traditionally approves the institution's internal   policy.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.