85R12362 MM-D     By: Dukes H.B. No. 2232       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a statewide task force to address   sexual assault occurring on the campuses of public and private   institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 51, Education Code, is amended by adding   Subchapter W-1 to read as follows:   SUBCHAPTER W-1. TASK FORCE ON CAMPUS SEXUAL ASSAULT          Sec. 51.861.  DEFINITIONS. In this subchapter:                (1)  "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned those terms by Section 61.003.                (2)  "Task force" means the statewide task force   established under this subchapter to address sexual assault   occurring on the campuses of public and private institutions of   higher education.          Sec. 51.862.  TASK FORCE MEMBERSHIP. (a) The task force   consists of:                (1)  two members appointed by the governor as follows:                      (A)  one member from the office of the governor;   and                      (B)  one member from the Crime Victims' Institute   at Sam Houston State University;                (2)  eight members evenly selected from positions held   at institutions of higher education and private or independent   institutions of higher education and appointed by the presiding   officer of the task force as follows:                      (A)  one member from an office of student affairs;                      (B)  one member who is a Title IX coordinator;                      (C)  one member from an athletics department;                      (D)  one member who provides services to students   as a counselor or therapist;                      (E)  one member who is the director of a campus   health center;                      (F)  one member who is the director of a women's   center;                      (G)  one member from a campus police department;   and                      (H)  one member from a department having authority   over student resident life;                (3)  one member from the general counsel's office of an   institution of higher education and one member from the general   counsel's office of a private or independent institution of higher   education, each appointed by the presiding officer of the task   force;                (4)  eight members having a specialized interest in   issues related to sexual assault, appointed by the presiding   officer of the task force as follows:                      (A)  one member who is the survivor of a sexual   assault committed on the campus of an institution of higher   education or  a private or independent institution of higher   education;                      (B)  one member from a rape crisis center who has a   background in issues relating to family violence, as defined by   Section 71.004, Family Code;                      (C)  one member who is a counselor or therapist at   a rape crisis center;                      (D)  one member who is a victim advocate at a rape   crisis center;                      (E)  one member who is the executive director of a   rape crisis center;                      (F)  one member who is an attorney representing   the state in the prosecution of sexual assaults and other similar   offenses;                      (G)  one member who is a sexual assault nurse   examiner; and                      (H)  one member from a statewide sexual assault   advocacy coalition; and                (5)  any other member whom the presiding officer   determines to be appropriate and who consents to serve on the task   force, including a person who works for a federal agency such as the   United States Department of Education.          (b)  Initial appointments to the task force must be made not   later than January 1, 2018.          (c)  The presiding officer of the task force is the member   who represents the Crime Victims' Institute at Sam Houston State   University.          (d)  Before appointing members of the task force under   Subsection (a)(2), (3), (4), or (5), the presiding officer shall   solicit and obtain from appropriate institutions and organizations   the names of recommended persons who are available and willing to   serve on the task force.          (e)  Appointed members of the task force serve at the will of   the appointing authority. A vacancy on the task force shall be   filled in the same manner as the original appointment.          Sec. 51.863.  MEETINGS; EXPENSES.  (a)  The task force shall   meet at the call of the presiding officer.          (b)  A member of the task force is not entitled to   compensation for service on the task force but, from money   available to the comptroller to pay miscellaneous claims, is   entitled to reimbursement for travel expenses as provided by   Chapter 660, Government Code, and the General Appropriations Act.          Sec. 51.864.  GENERAL DUTIES OF TASK FORCE. (a)  The task   force shall:                (1)  review federal laws regarding campus sexual   assault, including, as applicable:                      (A)  the Family Educational Rights and Privacy Act   of 1974 (20 U.S.C. Section 1232g);                      (B)  Title IX of the Education Amendments of 1972   (20 U.S.C. Section 1681 et seq.); and                      (C)  the Jeanne Clery Disclosure of Campus   Security Policy and Campus Crime Statistics Act (20 U.S.C. Section   1092(f));                (2)  solicit and receive reports and testimony from   campus sexual assault survivors or from advocates who provide   support services to campus sexual assault survivors; and                (3)  develop policy guidelines for institutions of   higher education and private or independent institutions of higher   education with respect to campus sexual assault, including:                      (A)  recommended definitions of prohibited   behavior and sanctions for violations;                      (B)  a recommended model protocol for responding   to reports of campus sexual assault; and                      (C)  recommended coordinated victim support   services using campus-based or community-based resources.          (b)  In developing policy guidelines under Subsection   (a)(3), the task force shall analyze appropriate reports,   literature, and statistics regarding the prevalence and incidence   of sexual violence on the campuses of institutions of higher   education and private or independent institutions of higher   education, including:                (1)  the United States Department of Justice's report   "The Sexual Victimization of College Women";                (2)  the United States Department of Justice's report   "Sexual Assault on Campus: What Colleges and Universities Are Doing   About It"; and                (3)  "Not Alone: the First Report of the White House   Task Force to Protect Students from Sexual Assault".          Sec. 51.865.  REPORT. Not later than December 1 of each   even-numbered year, the task force shall prepare and submit to the   governor, the lieutenant governor, and the speaker of the house of   representatives a report that includes:                (1)  a description of the activities of the task force;                (2)  the findings of the task force on the current state   of sexual violence on higher education campuses, to be based on:                      (A)  statistics reviewed by the task force   regarding sexual violence;                      (B)  testimony provided by campus sexual assault   survivors or by advocates who provide support services to campus   sexual assault survivors; and                      (C)  thorough discussion by the task force;                (3)  recommendations on best practices for higher   education policies and protocols for responding to reports of   sexual assault and providing coordinated victim support services to   sexual assault survivors; and                (4)  any other matter that the task force considers   appropriate.          Sec. 51.866.  COOPERATION WITH STATE AGENCIES. The task   force may cooperate as necessary with any appropriate agency of   this state, including institutions of higher education.          Sec. 51.867.  EXPIRATION DATE. The task force is abolished   and this subchapter expires on January 1, 2023.          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, 2017.