|(a) The chief executive officer of each postsecondary
educational institution shall annually certify in writing to the Coordinating
Board, in October of each year, that the institution is in substantial
compliance with Texas Education Code Subchapter E-2. The Coordinating
Board shall make available to institutions a required template for
the certification which satisfies the requirements of this section.
(b) If the Coordinating Board determines that a postsecondary
educational institution is not in substantial compliance with Texas
Education Code Subchapters E-2 on or after January 1, 2020, and E-3
on or after August 1, 2020, 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) The Coordinating Board shall deposit an administrative
penalty collected under this section to the credit of the sexual assault
program fund established under Section 420.008, Texas 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.