Texas Hazing Law

The following Hazing Policy was passed by the Texas State Legislature
   relating to offenses related to hazing at or in connection with an
   educational institution.
    1. "Educational institution" includes a public or private:
         1. high school; or
         2. college, university, or other postsecondary educational
            establishment.
    2. "Pledge" means any person who has been accepted by, is considering
       an offer of membership from, or is in the process of qualifying
       for membership in any organization.
    3. "Pledging" means any action or activity related to becoming a
       member of an organization.
    4. "Student" means any person who:
         1. is registered in or in attendance at an educational
            institution;
         2. has been accepted for admission at the educational
            institution where the hazing incident occurs; or
         3. intends to attend an educational institution during any of
            its regular sessions after a period of scheduled vacation.
    5. "Organization" means a fraternity, sorority, association,
       corporation, order, society, corps, cooperative, club, or service,
       social, or a similar group, whose members are primarily students
       at an educational institution.
    6. "Hazing" means any intentional knowing, or reckless act, occurring
       on or off the campus of an educational institution, by one person
       alone or acting with others, directed against a student that
       endangers the mental or physical health or safety of a student for
       the purpose of pledging, being initiated into, affiliating with,
       holding office in, or maintaining membership in any organization
       whose members are students at an educational institution. The term
       includes but is not limited to:
         1. any type of physical brutality, such as whipping, beating,
            striking, branding, electronic shocking, placing of a harmful
            substance on the body, or similar activity;
         2. any type of physical activity, such as sleep deprivation,
            exposure to the elements, confinement in a small space,
            calisthenics, or other activity that subjects the student to
            an unreasonable risk or harm or that adversely affects the
            mental or physical health or safety of the student;
         3. any activity involving consumption of a food, liquid,
            alcoholic beverage, liquor, drug, or other substance which
            subjects the student to an unreasonable risk of harm or which
            adversely effects the mental or physical health or safety of
            the student;
         4. any activity that intimidates or threatens the student with
            ostracism that subjects the student to extreme mental stress,
            shame, or humiliation, or that adversely effects the student
            from entering or remaining registered in an educational
            institution, or that may reasonably be expected to cause a
            student to leave the organization or the institution rather
            than submit to acts described in this subsection;
         5. any activity that induces, causes, or requires the student to
            perform a duty or task which involves a violation of the
            Penal Code. Sec. 4.52.

   Personal Hazing Offense
    1. A person commits an offense if the person:
         1. engages in hazing;
         2. solicits, encourages, directs, aids, or attempts to aid
            another in engaging in hazing;
         3. intentionally, knowingly, or recklessly permits hazing to
            occur; or
         4. has firsthand knowledge of the planning of a specific hazing
            incident involving a student in an educational institution,
            or firsthand knowledge that a specific hazing incident has
            occurred, and knowingly fails to report said knowledge in
            writing to the Dean of Students or other appropriate
            officials of the institution.
    2. The offense of failing to report is a misdemeanor punishable by a
       fine not to exceed $1,000, confinement in county jail for not more
       than 180 days, or both such fine and confinement.
    3. Any other offense under this section which does not cause serious
       bodily injury to another is a misdemeanor punishable by a fine of
       not less than $500 nor more than $1,000, confinement in county
       jail for not less than 90 days nor more than 180 days, or both
       such fine and confinement.
    4. Any other offense under this section which causes serious bodily
       injury to another is a misdemeanor punishable by a fine of not
       less than $1,000 nor more than $5,000, confinement in county jail
       for not less than 180 days nor more than one year, or both such
       fine and confinement.
    5. Any other offense under this section which causes the death of
       another is a misdemeanor punishable by a fine of not less than
       $5,000 nor more than $10,000, confinement in county jail for not
       less than one year nor more than two years, or both such fine and
       confinement.
    6. Except when an offense causes the death of a student in sentencing
       a person convicted of an offense under this section, the court may
       require the person to perform community service, subject to the
       same conditions imposed on community service probationers by
       Subdivision (1), Subsection (e), and subsections (c), (d), (g),
       (h) of section 10A. Article 42.12, Code of Criminal Procedure, for
       an appropriate period of time in lieu of confinement in county
       jail or in lieu of a part of the time the person is sentenced to
       confinement in county jail.

   Sec. 4.53 Organization Hazing Offense
    1. An organization commits an offense if the organization condones or
       encourages hazing or if an officer or any combination of members,
       pledges, or alumni of the organization commits or assists in the
       commission of hazing.
    2. An offense under this section is a misdemeanor punishable by a
       fine of not less than $5,000 nor more than $10,000, or if a court
       finds that the offense caused personal injury, property damage, or
       other loss. The court may sentence the organization to pay a fine
       of not less than $5,000 nor more than double the amount loss or
       expenses incurred because of such injury, damage, or loss.

   Sec. 4.54 Consent Not a Defense
   It is not a defense to prosecution for the offense under this
   subchapter that the person against whom the hazing was directed
   consented to or acquiesced in the hazing activity.

   Sec. 4.55 Immunity From Prosecution Available
   In the prosecution of an offense under this subchapter, the court may
   grant immunity from prosecution for the offense to each person who is
   subpoenaed to testify for the prosecution and does testify for the
   prosecution. Any person reporting a specific hazing incident involving
   a student in an educational institution to the Dean of Students or
   other appropriate official of the institution is immune from
   liability, civil, or criminal, that might otherwise be incurred or
   imposed as a result of the report. Immunity extends to participation
   in any judicial proceeding resulting from the report. A person
   reporting in bad faith or with malice is not protected by this
   section.

   Sec. 4.56 Offenses in Addition to Other Penal Provisions
   This subchapter does not affect or repeal any penal law of this state.
   Nothing in this subchapter shall limit or affect the right of an
   educational institution to enforce its own penalties against hazing.

   Sec. 4.57 Reporting by Medical Authorities
   Treatment of a student who may have been subjected to hazing
   activities may be reported to police or other law enforcement
   officials. The doctor of medical practitioner so reporting shall be
   immune from civil suit or other liability that might otherwise be
   imposed or incurred as a result of the report, unless the report is
   made in bad faith or with malice.

   Sec. 4.58 Publication of Subchapter
    1. Each postsecondary educational institution shall cause to be
       published or distributed to each student during the first three
       weeks of each semester a summary of the provisions of this
       subchapter.
    2. The institution shall publish or distribute in the same manner a
       list of organizations that have been disciplined for hazing or
       convicted for hazing on or off the campus of the institution
       during the previous three years.
    3. If the institution publishes a general catalog, student handbook,
       or similar publication, it shall publish a summary of the
       provisions of this subchapter in each edition of that catalog,
       handbook, or similar publication.

   Section 3 Sec. 4.19
   Education Code is repealed
   Section 4
   If any provision of this Act or its application to any person, entity,
   or circumstances is held invalid, the invalidity does not affect other
   provisions or applications of this Act that can be given effect
   without the invalid provision or application, and to this end the
   provisions or applications of this Act that can be given effect
   without the invalid provision or application, and to this end the
   provisions of this Act are declared to be severable.