Bill

SB 38

86(R) - 2019
Senate Criminal Justice
House Higher Education
Senate Criminal Justice
House Higher Education

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Judith Zaffirini
Donna Campbell

Co-Author(s)

Pete Flores
Juan "Chuy" Hinojosa
Joan Huffman
Eddie Lucio Jr.
Jose Menendez
Charles Perry
Kirk Watson
John Whitmire

Sponsor(s)

John Frullo
J.M. Lozano

Bill Caption

Relating to the offense of hazing.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 38 would update the statutory definition of the term "hazing" on or off campus of an educational institution. The bill would include in the definition an act that involves coercing a student to consume an alcoholic beverage, liquor, or drug. The bill would update the qualifications necessary to receive immunity from criminal liability for reporting a specific hazing incident, and adds immunity for civil liability using the same qualifying criteria. 

The bill would specify requirements for determining the venue for prosecuting an incident of hazing. The bill would also ad specificity to the process for postsecondary educational institutions to distribute hazing policy information to enrolled students. Finally, the bill requires certain hazing incident information to be published on the website of each postsecondary educational institution, and requires institutions to provide information about this website to students during student orientation.

Vote Recommendation Notes

We originally opposed this bill in the Senate. Upon reconsideration of SB 38 as it appears in the House, it is our view that this bill is an administrative in nature with no apparent connection to our liberty principles. For these reasons we remain neutral.