S.B. No. 969         AN ACT   relating to requiring certain public and private institutions of   higher education to provide amnesty to students who report certain   incidents, including sexual harassment, sexual assault, dating   violence, or stalking.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9366 to read as follows:          Sec. 51.9366.  AMNESTY FOR STUDENTS REPORTING CERTAIN   INCIDENTS. (a)  In this section:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "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.                (3)  "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.                (4)  "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.                (5)  "Sexual harassment" means unwelcome, sex-based   verbal or physical conduct that:                      (A)  in the employment context, unreasonably   interferes with a person'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 at a postsecondary educational institution.                (6)  "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)  A postsecondary educational institution may not take   any disciplinary action against a student enrolled at the   institution who in good faith reports to the institution being the   victim of, or a witness to, an incident of sexual harassment, sexual   assault, dating violence, or stalking for a violation by the   student of the institution's code of conduct occurring at or near   the time of the incident, regardless of the location at which the   incident occurred or the outcome of the institution's disciplinary   process regarding the incident, if any.          (c)  A postsecondary educational institution may investigate   to determine whether a report of an incident of sexual harassment,   sexual assault, dating violence, or stalking was made in good   faith.          (d)  A determination that a student is entitled to amnesty   under Subsection (b) is final and may not be revoked.          (e)  Subsection (b) does not apply to a student who reports   the student's own commission or assistance in the commission of   sexual harassment, sexual assault, dating violence, or stalking.          (f)  This section may not be construed to limit a   postsecondary educational institution's ability to provide amnesty   from application of the institution's policies in circumstances not   described by Subsection (b).          (g)  The coordinating board may adopt rules as necessary to   implement and enforce this section.          (h)  The commissioner of higher education shall establish an   advisory committee to recommend to the coordinating board rules for   adoption under Subsection (g).  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.  Section 51.9366, Education Code, as added by   this Act, applies beginning with the 2018 spring semester.          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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 969 passed the Senate on   April 10, 2017, by the following vote: Yeas 30, Nays 1; and that   the Senate concurred in House amendment on May 25, 2017, by the   following vote: Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 969 passed the House, with   amendment, on May 20, 2017, by the following vote: Yeas 129,   Nays 7, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor