By: Watson  S.B. No. 969          (In the Senate - Filed February 21, 2017; March 1, 2017,   read first time and referred to Committee on State Affairs;   March 29, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; March 29, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 969 By:  Nelson     A BILL TO BE ENTITLED   AN ACT     relating to requiring certain public and private institutions of   higher education to provide amnesty to students who report   incidents of sexual assault.          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 INCIDENTS OF   SEXUAL ASSAULT. (a)  In this section:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (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.          (b)  A postsecondary educational institution may not take   any disciplinary action against a student enrolled at the   institution for a violation by the student of the institution's   policies on student conduct if the student in good faith reports to   the institution being the victim of, or a witness to, an incident of   sexual assault and the violation of the institution's policies is   in relation to the incident. This subsection applies 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 determination that a student is entitled to amnesty   under Subsection (b) is final and may not be revoked.          (d)  Subsection (b) does not apply to a student who reports   the student's own commission of sexual assault or assistance in the   commission of sexual assault.          (e)  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).          (f)  The coordinating board may adopt rules as necessary to   implement and enforce this section.          (g)  The commissioner of higher education shall establish an   advisory committee to recommend to the coordinating board rules for   adoption under Subsection (f).  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.     * * * * *