85R4804 KJE-D     By: Garcia S.B. No. 962       A BILL TO BE ENTITLED   AN ACT   relating to requiring public institutions of higher education to   develop and establish an online reporting system for sex offenses.          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.  ONLINE REPORTING SYSTEM FOR SEX OFFENSES.   (a)  In this section:                (1)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (2)  "Sex offense" means a sex offense 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)).          (b)  Each institution of higher education shall develop and   establish or contract with a third party to develop and establish an   online reporting system through which a student enrolled at the   institution may report to the institution an allegation of a sex   offense committed against or witnessed by the student if:                (1)  the perpetrator of the alleged sex offense is a   student enrolled at or an employee of the institution; or                (2)  the alleged sex offense occurred:                      (A)  on the institution's campus or any other   property owned by or under the control of the institution, or in   close proximity to the campus or property; or                      (B)  during any event or activity sponsored or   sanctioned by the institution.          (c)  The online reporting system must enable a student to   choose one or more of the following options:                (1)  to report the alleged sex offense to the   institution;                (2)  to electronically record a statement of the   alleged sex offense, including in the form of a photograph, video,   voice recording, or similar medium that contains information   relating to the alleged sex offense, or an addendum to the   statement, that:                      (A)  includes an electronic stamp of the time and   date the statement or addendum was made;                      (B)  may not be edited or otherwise altered; and                      (C)  may be submitted to the institution by the   student at a time chosen by the student;                (3)  to submit the student's report of the alleged sex   offense to the institution, but only if:                      (A)  another student enrolled at the institution   reports to the institution through the system an allegation of a sex   offense committed by the same perpetrator; and                      (B)  both students identify the alleged   perpetrator through the system by a student or employee   identification number or e-mail address issued by the institution   or a similar form of identification selected for that purpose by the   institution;                (4)  to access at any time any information entered into   the system by the student; and                (5)  to remain anonymous.          (d)  Each institution of higher education shall ensure that   information contained in the online reporting system is encrypted   using zero-knowledge encryption.          (e)  An institution of higher education shall initiate an   investigation into a report submitted to the institution through   the online reporting system as soon as practicable after receiving   the report.          (f)  A protocol for reporting sexual assault adopted under   Section 51.9363 must comply with this section.          (g)  The Texas Higher Education Coordinating Board shall   adopt rules as necessary to implement this section 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).          SECTION 2.  Not later than January 1, 2018, each public   institution of higher education shall develop and establish the   online reporting system 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.