reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.208. Penalty; Courts Having Jurisdiction

Sec. 51.208.  PENALTY; COURTS HAVING JURISDICTION.  (a)  In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.
(b)  A person who violates any provision of this subchapter or any rule or regulation promulgated under this subchapter commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not more than $200.
(c)  The judge of a municipal court or any justice of the peace of any city or county where property under the control and jurisdiction of an institution of higher education or of a private or independent institution of higher education is located is each separately vested with all jurisdiction necessary to hear and determine criminal cases involving violations of this subchapter or rules or regulations promulgated under this subchapter for which the punishment does not exceed a fine of $200.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 787 (H.B. 2629), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.209. Unauthorized Persons; Refusal of Entry, Ejection, Identification

Sec. 51.209.  UNAUTHORIZED PERSONS; REFUSAL OF ENTRY, EJECTION, IDENTIFICATION.  (a)  In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.
(b)  The governing board of an institution of higher education or a private or independent institution of higher education or the governing board's authorized representatives may refuse to allow persons having no legitimate business to enter on property under the board's control, and may eject any undesirable person from the property on the person's refusal to leave peaceably on request.  Identification may be required of any person on the property, and the person must provide that identification on request.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 787 (H.B. 2629), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.210. Enforcement of Rules and Regulations

Sec. 51.210.  ENFORCEMENT OF RULES AND REGULATIONS.  Notwithstanding any of the provisions of this subchapter, all officers commissioned by the governing board of a state institution of higher education may be empowered by the board to enforce rules and regulations promulgated by the board.  Nothing in this subchapter is intended to limit or restrict the authority of each institution to promulgate and enforce appropriate rules and regulations for the orderly conduct of the institution in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.211. Cumulative Effect

Sec. 51.211.  CUMULATIVE EFFECT.  The provisions of this subchapter are cumulative of all other laws.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.213. Abandoned Personal Property

Sec. 51.213.  ABANDONED PERSONAL PROPERTY.  (a)  The governing board of each state institution of higher education, including public junior colleges, is authorized to promulgate rules and regulations providing for the disposition of abandoned and unclaimed personal property coming into the possession of the campus security personnel where the personal property is not being held as evidence to be used in any pending criminal case.
(b)  The authority granted to governing boards under Subsection (a) may also be exercised by governing boards of private institutions of higher education, including private junior colleges.
(c)  In this section, "private institution of higher education" has the meaning assigned by Section 61.003(15).
Added by Acts 1977, 65th Leg., p. 1712, ch. 680, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1995, 74th Leg., ch. 72, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.215. Access to Police Records of Employment Applicants

Sec. 51.215.  ACCESS TO POLICE RECORDS OF EMPLOYMENT APPLICANTS.  (a)  An institution of higher education is entitled to obtain criminal history record information pertaining to an applicant for employment for a security-sensitive position.  The institution of higher education may deny employment to an applicant for a security-sensitive position who fails to provide a complete set of fingerprints upon request.
(b)  Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(6), eff. Sept. 1, 1993.
(c)  An institution of higher education may use information obtained under this section only for the purpose of evaluating applicants for employment in security-sensitive positions.  Security-sensitive positions shall be restricted to employees who handle currency, have access to a computer terminal, have access to a master key, or who work in an area of the institution which has been designated as a security-sensitive area.  A security-sensitive position shall be so identified in the job description and advertisement for the position.
(d)  Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(6), eff. Sept. 1, 1993.
(e)  In this section, "institution of higher education" means:
(1)  an institution of higher education, as defined by Section 61.003(8) of this code;  and
(2)  a private institution of higher education, as defined by Section 61.003(15) of this code.
Added by Acts 1983, 68th Leg., p. 5011, ch. 901, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 356, Sec. 1, eff. June 11, 1987;  Acts 1989, 71st Leg., ch. 941, Sec. 1, eff. June 15, 1989;  Acts 1993, 73rd Leg., ch. 516, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 790, Sec. 46(6), eff. Sept. 1, 1993.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.218. Emergency Alert System

Sec. 51.218.  EMERGENCY ALERT SYSTEM.  (a)  In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.
(b)  Each institution of higher education and private or independent institution of higher education shall establish an emergency alert system for the institution's students and staff, including faculty.  The emergency alert system must use e-mail or telephone notifications in addition to any other alert method the institution considers appropriate to provide timely notification of emergencies affecting the institution or its students and staff.
(c)  At the time a student initially enrolls or registers for courses or a staff member begins employment, the institution shall:
(1)  obtain a personal telephone number or e-mail address from the student or staff member to be used to notify the individual in the event of an emergency; and
(2)  register the student or staff member in the institution's emergency alert system.
(d)  A student or staff member may elect not to participate in an emergency alert system established under this section.  An election under this subsection may be submitted electronically or in writing, as chosen by the institution, and must be renewed at the start of each academic year.
(e)  The personal identifying information obtained from an individual for the purpose of the emergency alert system of an institution of higher education, including an e-mail address or telephone number, is confidential and not subject to disclosure under Section 552.021, Government Code.
(f)  Expired.
Added by Acts 2011, 82nd Leg., R.S., Ch. 547 (H.B. 2758), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.219. Notification of Penalty for False Alarm or Report

Sec. 51.219.  NOTIFICATION OF PENALTY FOR FALSE ALARM OR REPORT.  (a) In this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.
(b)  Each institution of higher education and private or independent institution of higher education shall notify all incoming students, as soon as practicable, of the penalty for the offense under Section 42.06, Penal Code, of making a false alarm or report involving a public or private institution of higher education.
Added by Acts 2013, 83rd Leg., R.S., Ch. 910 (H.B. 1284), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. Protection of Buildings and Grounds › Section 51.221. Active Shooter Training Providers

Sec. 51.221.  ACTIVE SHOOTER TRAINING PROVIDERS.  An institution of higher education, as defined by Section 61.003, may not contract for the provision of active shooter training for peace officers commissioned under this subchapter unless the training provider is certified under Section 1701.2515, Occupations Code, to provide the training.
Added by Acts 2023, 88th Leg., R.S., Ch. 1152 (S.B. 999), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.231. Definition of Periods of Disruption

Sec. 51.231.  DEFINITION OF PERIODS OF DISRUPTION.  For purposes of this subchapter a period of disruption is any period in which it reasonably appears that there is a threat of destruction to institutional property, injury to human life on the campus or facility, or a threat of willful disruption of the orderly operation of the campus or facility.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.232. Identification of Persons on Campus

Sec. 51.232.  IDENTIFICATION OF PERSONS ON CAMPUS.  (a)  During periods of disruption, as determined by the chief administrative officer of a state-supported institution of higher education, the chief administrative officer, or an officer or employee of the institution designated by him to maintain order on the campus or facility of the institution, may require that any person on the campus or facility present evidence of his identification, or if the person is a student or employee of the institution, his student or employee official institutional identification card, or other evidence of his relationship with the institution.
(b)  If any person refuses or fails upon request to present evidence of his identification, or if the person is a student or employee of the institution, his student or employee official identification card, or other evidence of his relationship with the institution, and if it reasonably appears that the person has no legitimate reason to be on the campus or facility, the person may be ejected from the campus or facility.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.233. Withdrawal of Consent to Remain on Campus

Sec. 51.233.  WITHDRAWAL OF CONSENT TO REMAIN ON CAMPUS.  (a)  During periods of disruption, the chief administrative officer of a campus or other facility of a state-supported institution of higher education, or an officer or employee of the institution designated by him to maintain order on the campus or facility, may notify a person that consent to remain on the campus or facility under the control of the chief administrative officer has been withdrawn whenever there is reasonable cause to believe that the person has willfully disrupted the orderly operation of the campus or facility and that his presence on the campus or facility will constitute a substantial and material threat to the orderly operation of the campus or facility.
(b)  In no case shall consent be withdrawn for longer than 14 days from the date on which consent was initially withdrawn.
(c)  Notification shall be in accordance with procedures set out in Section 51.234 of this code.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.234. Notice of Withdrawal of Consent

Sec. 51.234.  NOTICE OF WITHDRAWAL OF CONSENT.  When the chief administrative officer of a campus or other facility of a state-supported institution of higher education, or an officer or employee of the institution designated by him to maintain order on the campus or facility, decides to withdraw consent for any person to remain on the campus or facility, he shall notify that person in writing that consent to remain is withdrawn.  The written notice must contain all of the following:
(1)  that consent to remain on the campus has been withdrawn and the number of days for which consent has been withdrawn, not to exceed 14;
(2)  the name and job title of the person withdrawing consent, along with an address where the person withdrawing consent can be contacted during regular working hours;
(3)  a brief statement of the activity or activities resulting in the withdrawal of consent;  and
(4)  notification that the person from whom consent has been withdrawn is entitled to a hearing on the withdrawal not later than three days from the date of receipt by the chief administrative officer of a request for a hearing.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.235. Report to Chief Administrative Officer

Sec. 51.235.  REPORT TO CHIEF ADMINISTRATIVE OFFICER.  Whenever consent is withdrawn by any authorized officer or employee other than the chief administrative officer, the officer or employee shall submit a written report to the chief administrative officer within 24 hours, unless the authorized officer or employee has reinstated consent for the person to remain on the campus.  The report must contain all of the following:
(1)  the description of the person from whom consent was withdrawn, including, if available, the person's name, address, and phone number;  and
(2)  a statement of the facts giving rise to the withdrawal of consent.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.236. Confirmation of Withdrawal of Consent

Sec. 51.236.  CONFIRMATION OF WITHDRAWAL OF CONSENT.  (a)  If the chief administrative officer or, in his absence, a person designated by him for this purpose, upon reviewing the written report described in Section 51.235, finds that there was reasonable cause to believe that the person has willfully disrupted the orderly operation of the campus or facility, and that his presence on the campus or facility will constitute a substantial and material threat to the orderly operation of the campus or facility, he may enter written confirmation upon the report of the action taken by the officer or employee.
(b)  If the chief administrative officer, or in his absence, the person designated by him, does not confirm the action of the officer or employee within 24 hours after the time that consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect, except that any arrest made during the period shall not for this reason be deemed not to have been made for probable cause.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.237. Request for Hearing

Sec. 51.237.  REQUEST FOR HEARING.  (a)  A person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal to the chief administrative officer within the 14-day period.  The written request must state the address to which notice of hearing is to be sent.  The chief administrative officer shall grant a hearing not later than three days from the date of receipt of the request and shall immediately mail a written notice of the time, place, and date of the hearing to the person.
(b)  The hearing shall be held before a duly designated discipline committee or authorized hearing officer of the institution in accordance with Section 51.243.  In no instance shall the person issuing the withdrawal notice or causing it to be issued serve on any committee where the validity of his order of withdrawal is in question.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.238. Reinstatement of Consent to Remain on Campus

Sec. 51.238.  REINSTATEMENT OF CONSENT TO REMAIN ON CAMPUS.  The chief administrative officer shall reinstate consent whenever he has reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.239. Entering or Remaining on Campus After Withdrawal of Consent

Sec. 51.239.  ENTERING OR REMAINING ON CAMPUS AFTER WITHDRAWAL OF CONSENT.  (a)  Any person who has been notified by the chief administrative officer of a campus or facility of a state-supported institution of higher education, or by an officer or employee designated by the chief administrative officer to maintain order on the campus or facility, that consent to remain on the campus or facility has been withdrawn pursuant to Section 51.233, who has not had consent reinstated, and who willfully and knowingly enters or remains upon the campus or facility during the period for which consent has been withdrawn, is guilty of a misdemeanor, and is subject to punishment as set out in Section 51.244.
(b)  This section does not apply to any person who enters or remains on the campus or facility for the sole purpose of applying to the chief administrative officer or authorized officer or employee for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.240. Authority to Suspend, Dismiss, or Expel Students or Employees Not Affected

Sec. 51.240.  AUTHORITY TO SUSPEND, DISMISS, OR EXPEL STUDENTS OR EMPLOYEES NOT AFFECTED.  This subchapter does not affect the power of the duly constituted authorities of a state-supported institution of higher education to suspend, dismiss, or expel any student or employee at the university or college.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.241. Students and Employees Barred From Campus After Suspension or Dismissal

Sec. 51.241.  STUDENTS AND EMPLOYEES BARRED FROM CAMPUS AFTER SUSPENSION OR DISMISSAL.  (a)  Every student or employee who has been suspended or dismissed from a state-supported institution of higher education after a hearing, in accordance with procedures established by the institution, for disrupting the orderly operation of the campus or facility of the institution, as a condition of the suspension or dismissal, may be denied access to the campus or facility, or both, of the institution for the period of suspension, and in the case of dismissal, for a period not to exceed one year.
(b)  A person who has been notified by personal service of the suspension or dismissal and condition and who willfully and knowingly enters upon the campus or facility of the institution to which he has been denied access, without the express written permission of the chief administrative officer of the campus or facility, is guilty of a misdemeanor and is subject to punishment as set out in Section 51.244.
(c)  Knowledge shall be presumed if personal service has been given as prescribed in Subsection (b) of this section.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.242. Refusing or Failing to Leave Building Closed to Public

Sec. 51.242.  REFUSING OR FAILING TO LEAVE BUILDING CLOSED TO PUBLIC.  No person may refuse or fail to leave a building under the control and management of a public agency, including a state-supported institution of higher education, during those hours of the day or night when the building is regularly closed to the public, upon being requested to do so by a guard, watchman, or other employee of a public agency, including a state-supported institution of higher education, controlling and managing the building or property, if the surrounding circumstances are such as to indicate to a reasonable person that the individual or individuals have no apparent lawful business to pursue.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.243. Required Hearing Procedures

Sec. 51.243.  REQUIRED HEARING PROCEDURES.  A person from whom consent to remain on the campus of a state-supported institution of higher education has been withdrawn in accordance with Section 51.233 is entitled, in addition to the procedures set out in Section 51.234, to the following:
(1)  to be represented by counsel;
(2)  to the right to call and examine witnesses and to cross-examine adverse witnesses;
(3)  to have all matters upon which the decision may be based introduced into evidence at the hearing in his presence;
(4)  to have the decision based solely on the evidence presented at the hearing;
(5)  to prohibit the introduction of statements made against him unless he has been advised of their content and the names of the persons who made them, and has been given the opportunity to rebut unfavorable inferences that might otherwise be drawn;  and
(6)  to have all findings made at the hearing be final, subject only to his right to appeal to the president and the governing board of the institution.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -1. Maintaining Campus Order During Periods of Disruption › Section 51.244. Penalties

Sec. 51.244.  PENALTIES.  A person who violates Section 51.239, 51.241, or 51.242 of this code is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500 or imprisonment in the county jail for not more than six months, or both.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, Sec. 6, eff. Aug. 27, 1973.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.251. Definitions

Sec. 51.251.  DEFINITIONS.  In this subchapter:
(1)  "Coordinating board" means the Texas Higher Education Coordinating Board.
(2)  "Dating violence," "sexual assault," and "stalking" mean dating violence, sexual assault, or stalking, as applicable, that an institution of higher education is required to report under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Section 1092(f)).
(3)  "Employee of a postsecondary educational institution" does not include a student enrolled at the institution.
(4)  "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.
(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.252. Reporting Required for Certain Incidents

Sec. 51.252.  REPORTING REQUIRED FOR CERTAIN INCIDENTS.  (a)  An employee of a postsecondary educational institution who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident shall promptly report the incident to the institution's Title IX coordinator or deputy Title IX coordinator.
(b)  Except as provided by Subsection (c) or (c-1), the report must include all information concerning the incident known to the reporting person that is relevant to the investigation and, if applicable, redress of the incident, including whether an alleged victim has expressed a desire for confidentiality in reporting the incident.
(c)  An employee of a postsecondary educational institution designated by the institution as a person with whom students may speak confidentially concerning sexual harassment, sexual assault, dating violence, or stalking or who receives information regarding such an incident under circumstances that render the employee's communications confidential or privileged under other law shall, in making a report under this section, state only the type of incident reported and may not include any information that would violate a student's expectation of privacy.  This subsection does not affect the employee's duty to report an incident under any other law.
(c-1)  A campus peace officer employed by a postsecondary educational institution who receives information regarding an incident described by Subsection (a) from an alleged victim who chooses to complete a pseudonym form described by Article 58.102, 58.152, 58.202, or 58.252, Code of Criminal Procedure, shall, in making a report under this section, state only the type of incident reported and may not include the victim's name, phone number, address, or other information that may directly or indirectly reveal the victim's identity.
(d)  Notwithstanding Subsection (a), a person is not required to make a report under this section concerning:
(1)  an incident in which the person was a victim of sexual harassment, sexual assault, dating violence, or stalking; or
(2)  an incident of which the person received information due to a disclosure made at a sexual harassment, sexual assault, dating violence, or stalking public awareness event sponsored by a postsecondary educational institution or by a student organization affiliated with the institution.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 397 (S.B. 1371), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.253. Administrative Reporting Requirements

Sec. 51.253.  ADMINISTRATIVE REPORTING REQUIREMENTS.  (a)  Not less than once every three months, the Title IX coordinator of a postsecondary educational institution shall submit to the institution's chief executive officer a written report on the reports received under Section 51.252, including information regarding:
(1)  the investigation of those reports;
(2)  the disposition, if any, of any disciplinary processes arising from those reports; and
(3)  the reports for which the institution determined not to initiate a disciplinary process, if any.
(b)  The Title IX coordinator or deputy Title IX coordinator of a postsecondary educational institution shall immediately report to the institution's chief executive officer an incident reported to the coordinator under Section 51.252 if the coordinator has cause to believe that the safety of any person is in imminent danger as a result of the incident.
(c)  Subject to Subsection (d), at least once during each fall or spring semester, the chief executive officer of a postsecondary educational institution shall submit to the institution's governing body and post on the institution's Internet website a report concerning the reports received under Section 51.252.  The report:
(1)  may not identify any person; and
(2)  must include:
(A)  the number of reports received under Section 51.252;
(B)  the number of investigations conducted as a result of those reports;
(C)  the disposition, if any, of any disciplinary processes arising from those reports;
(D)  the number of those reports for which the institution determined not to initiate a disciplinary process, if any; and
(E)  any disciplinary actions taken under Section 51.255.
(d)  If for any semester a postsecondary educational institution has fewer than 1,500 enrolled students, the chief executive officer of the institution shall submit and post a report required under Subsection (c) for that semester only if more than five reports were received under Section 51.252 during that semester.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.254. Immunities

Sec. 51.254.  IMMUNITIES.  (a)  A person acting in good faith who reports or assists in the investigation of a report of an incident described by Section 51.252(a) or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report of such an incident:
(1)  is immune from civil liability, and from criminal liability for offenses punishable by fine only, that might otherwise be incurred or imposed as a result of those actions; and
(2)  may not be subjected to any disciplinary action by the postsecondary educational institution at which the person is enrolled or employed for any violation by the person of the institution's code of conduct reasonably related to the incident for which suspension or expulsion from the institution is not a possible punishment.
(b)  Subsection (a) does not apply to a person who perpetrates or assists in the perpetration of the incident reported under Section 51.252.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.255. Failure to Report or False Report; Offenses

Sec. 51.255.  FAILURE TO REPORT OR FALSE REPORT; OFFENSES.  (a)  A person commits an offense if the person:
(1)  is required to make a report under Section 51.252 and knowingly fails to make the report; or
(2)  with the intent to harm or deceive, knowingly makes a report under Section 51.252 that is false.
(b)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252.
(c)  A postsecondary educational institution shall terminate the employment of an employee whom the institution determines in accordance with the institution's disciplinary procedure to have committed an offense under Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.256. Confidentiality

Sec. 51.256.  CONFIDENTIALITY.  (a)  Unless waived in writing by the alleged victim, the identity of an alleged victim of an incident reported under Section 51.252:
(1)  is confidential and not subject to disclosure under Chapter 552, Government Code; and
(2)  may be disclosed only to:
(A)  persons employed by or under contract with the postsecondary educational institution to which the report is made who are necessary to conduct an investigation of the report or any related hearings;
(B)  a law enforcement officer as necessary to conduct a criminal investigation of the report;
(C)  the person or persons alleged to have perpetrated the incident, to the extent required by other law; or
(D)  potential witnesses to the incident as necessary to conduct an investigation of the report.
(b)  A disclosure under Subsection (a) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(c)  Nothing in this section may be construed as prohibiting a victim from making a report to a law enforcement agency using a pseudonym form described by Article 58.102, 58.152, 58.202, or 58.252, Code of Criminal Procedure.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 397 (S.B. 1371), Sec. 2, eff. June 7, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.021, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.257. Retaliation Prohibited

Sec. 51.257.  RETALIATION PROHIBITED.  (a)  A postsecondary educational institution may not discipline or otherwise discriminate against an employee who in good faith:
(1)  makes a report as required by Section 51.252; or
(2)  cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to a report made by the employee as required by Section 51.252.
(b)  Subsection (a) does not apply to an employee who:
(1)  reports an incident described by Section 51.252(a) perpetrated by the employee; or
(2)  cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to an allegation that the employee perpetrated an incident described by Section 51.252(a).
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.258. Compliance

Sec. 51.258.  COMPLIANCE.  (a)  The chief executive officer of each postsecondary educational institution shall annually certify in writing to the coordinating board that the institution is in substantial compliance with this subchapter.
(b)  If the coordinating board determines that a postsecondary educational institution is not in substantial compliance with this subchapter, the coordinating board may assess an administrative penalty against the institution in an amount not to exceed $2 million.  In determining the amount of the penalty, the coordinating board shall consider the nature of the violation and the number of students enrolled at the institution.
(c)  If the coordinating board assesses an administrative penalty against a postsecondary educational institution under Subsection (b), the coordinating board shall provide to the institution written notice of the coordinating board's reasons for assessing the penalty.
(d)  A postsecondary educational institution assessed an administrative penalty under Subsection (b) may appeal the penalty in the manner provided by Chapter 2001, Government Code.
(e)  A postsecondary educational institution may not pay an administrative penalty assessed under Subsection (b) using state or federal money.
(f)  An administrative penalty collected under this section shall be deposited to the credit of the sexual assault program fund established under Section 420.008, Government Code.
(g)  The coordinating board shall annually submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing legislative committees with primary jurisdiction over legislation concerning sexual assault at postsecondary educational institutions a report regarding compliance with this subchapter, including a summary of the postsecondary educational institutions found not to be in substantial compliance as provided by this section and any penalties assessed under this section during the calendar year preceding the date of the report.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -2. Reporting Incidents of Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.259. Rules

Sec. 51.259.  RULES.  The coordinating board shall adopt rules as necessary to implement and enforce this subchapter, including rules that ensure implementation of this subchapter in a manner that complies with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  In adopting those rules, the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders.
Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -3. Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.281. Definitions

Sec. 51.281.  DEFINITIONS.  In this subchapter:
(1)  "Coordinating board" means the Texas Higher Education Coordinating Board.
(2)  "Dating violence," "sexual assault," and "stalking" have the meanings assigned by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Section 1092(f)(6)(A)).
(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 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1078 (H.B. 1735), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -3. Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.2825. Certain Duties of Campus Peace Officer Investigating Family Violence, Stalking, Harassment, or Terroristic Threat

Sec. 51.2825.  CERTAIN DUTIES OF CAMPUS PEACE OFFICER INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR TERRORISTIC THREAT.  (a)  In this section:
(1)  "Campus peace officer" means a peace officer commissioned under Section 51.203 or 51.212.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3)  "Harassment" means any conduct that constitutes an offense under Section 42.07, Penal Code.
(4)  "Stalking" means any conduct that constitutes an offense under Section 42.072, Penal Code.
(5)  "Terroristic threat" means any conduct that constitutes an offense under Section 22.07, Penal Code.
(b)  A campus peace officer who responds to a disturbance call that may involve family violence or investigates an allegation of family violence, stalking, harassment, or terroristic threat shall advise any possible adult victim of all reasonable means to prevent the occurrence of further offenses, including by providing the written notice adopted by the Health and Human Services Commission under Section 51A.003, Human Resources Code.  In addition to the required notice under this subsection, a campus peace officer shall provide to the possible victim any available written information regarding campus and local resources for victims of family violence, stalking, harassment, or terroristic threat.
Added by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 5, eff. May 13, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter E. -3. Sexual Harassment, Sexual Assault, Dating Violence, and Stalking › Section 51.283. Electronic Reporting Option

Sec. 51.283.  ELECTRONIC REPORTING OPTION.  (a) 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.
(b)  The electronic reporting option provided under Subsection (a) 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.
(c)  A protocol for reporting sexual assault adopted under Section 51.282 must comply with this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 719 (S.B. 968), Sec. 2, eff. June 12, 2017.
Transferred, redesignated and amended from Education Code, Section 51.9365 by Acts 2019, 86th Leg., R.S., Ch. 1078 (H.B. 1735), Sec. 2, eff. September 1, 2019.