By: Watson, et al. S.B. No. 968     (Leach, Alvarado, Howard, et al.)           A BILL TO BE ENTITLED   AN ACT   relating to requiring certain public and private institutions of   higher education 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.  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 2.  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 3.  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.