S.B. No. 968         AN ACT   relating to a sexual assault policy at certain public and private   institutions of higher education and to requiring those   institutions to provide students and employees an option to   electronically report certain offenses to the institution.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.9363, Education Code, is amended to   read as follows:          Sec. 51.9363.  [CAMPUS] SEXUAL ASSAULT POLICY. (a)  In this   section, "postsecondary educational institution" means an   ["]institution of higher education or a private or independent   institution of higher education, as those terms are defined[" has   the meaning assigned] by Section 61.003.          (b)  Each postsecondary educational institution [of higher   education] shall adopt a policy on [campus] sexual assault   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; and                      (C)  the protocol for reporting and responding to   reports of [campus] sexual assault; and                (2)  be approved by the institution's governing board   before final adoption by the institution.          (c)  Each postsecondary educational institution [of higher   education] shall make the institution's [campus] sexual assault   policy available to students, faculty, and staff members by:                (1)  including the policy in the institution's student   handbook and personnel handbook; and                (2)  creating and maintaining a web page on the   institution's Internet website dedicated solely to the policy.          (d)  Each postsecondary educational institution [of higher   education] shall require each entering freshman or undergraduate   transfer student to attend an orientation on the institution's   [campus] sexual assault policy before or during the first semester   or term in which the student is enrolled at the institution.  The   institution shall establish the format and content of the   orientation.          (e)  Each postsecondary educational institution shall   develop and implement a public awareness campaign to inform   students enrolled at and employees of the institution of the   institution's sexual assault policy.  As part of the campaign, the   institution shall provide to students information regarding the   protocol for reporting incidents of sexual assault adopted under   Subsection (b), including the name, office location, and contact   information of the institution's Title IX coordinator, by:                (1)  e-mailing the information to each student at the   beginning of each semester or other academic term; and                (2)  including the information in the orientation   required under Subsection (d).          (f)  As part of the protocol for responding to reports of   sexual assault adopted under Subsection (b), each postsecondary   educational institution shall:                (1)  to the greatest extent practicable based on the   number of counselors employed by the institution, ensure that each   alleged victim or alleged perpetrator of an incident of sexual   assault and any other person who reports such an incident are   offered counseling provided by a counselor who does not provide   counseling to any other person involved in the incident; and                (2)  notwithstanding any other law, allow an alleged   victim or alleged perpetrator of an incident of sexual assault to   drop a course in which both parties are enrolled without any   academic penalty.          (g)  Each biennium, each postsecondary educational    institution [of higher education] shall review the institution's   [campus] sexual assault policy and, with approval of the   institution's governing board, revise the policy as necessary.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9365 to read as follows:          Sec. 51.9365.  ELECTRONIC REPORTING OPTION FOR CERTAIN   OFFENSES.  (a)  In this section:                (1)  "Dating violence" means abuse or violence, or a   threat of abuse or violence, against a person with whom the actor   has or has had a social relationship of a romantic or intimate   nature.                (2)  "Postsecondary educational institution" means an   institution of higher education or a private or independent   institution of higher education, as those terms are defined by   Section 61.003.                (3)  "Sexual assault" means sexual contact or   intercourse with a person without the person's consent, including   sexual contact or intercourse against the person's will or in a   circumstance in which the person is incapable of consenting to the   contact or intercourse.                (4)  "Sexual harassment" means unwelcome, sex-based   verbal or physical conduct that:                      (A)  in the employment context, unreasonably   interferes with an employee's work performance or creates an   intimidating, hostile, or offensive work environment; or                      (B)  in the education context, is sufficiently   severe, persistent, or pervasive that the conduct interferes with a   student's ability to participate in or benefit from educational   programs or activities.                (5)  "Stalking" means a course of conduct directed at a   person that would cause a reasonable person to fear for the person's   safety or to suffer substantial emotional distress.          (b)  Each postsecondary educational institution shall   provide an option for a student enrolled at or an employee of the   institution to electronically report to the institution an   allegation of sexual harassment, sexual assault, dating violence,   or stalking committed against or witnessed by the student or   employee, regardless of the location at which the alleged offense   occurred.          (c)  The electronic reporting option provided under   Subsection (b) must:                (1)  enable a student or employee to report the alleged   offense anonymously; and                (2)  be easily accessible through a clearly   identifiable link on the postsecondary educational institution's   Internet website home page.          (d)  A protocol for reporting sexual assault adopted under   Section 51.9363 must comply with this section.          (e)  The Texas Higher Education Coordinating Board may adopt   rules as necessary to administer this section.          (f)  The commissioner of higher education shall establish an   advisory committee to recommend to the Texas Higher Education   Coordinating Board rules for adoption under Subsection (e).  The   advisory committee consists of nine members appointed by the   commissioner.  Each member must be a chief executive officer of a   postsecondary educational institution or a representative   designated by that officer.  Not later than December 1, 2017, the   advisory committee shall submit the committee's recommendations to   the coordinating board.  This subsection expires September 1, 2018.          SECTION 3.  Section 51.9363, Education Code, as amended by   this Act, applies beginning with the 2017-2018 academic year.          SECTION 4.  Not later than January 1, 2018, each public or   private postsecondary educational institution shall provide the   electronic reporting option required under Section 51.9365,   Education Code, as added by this Act.          SECTION 5.  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, 2017.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 968 passed the Senate on   April 10, 2017, by the following vote:  Yeas 30, Nays 1;   May 25, 2017, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 26, 2017, House   granted request of the Senate; May 28, 2017, Senate adopted   Conference Committee Report by the following vote:  Yeas 31,   Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 968 passed the House, with   amendments, on May 20, 2017, by the following vote:  Yeas 124,   Nays 12, one present not voting; May 26, 2017, House granted   request of the Senate for appointment of Conference Committee;   May 28, 2017, House adopted Conference Committee Report by the   following vote:  Yeas 120, Nays 27, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor