Texas § ED.37.155 - IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE

§ ED.37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE

IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE. (a) 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 who does testify for the prosecution. (b) Any person, including an entity organized to support an organization, who voluntarily reports a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution, a peace officer, or a law enforcement agency is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the reported hazing incident if the person: (1) reports the incident before being contacted by the institution or a law enforcement agency concerning the incident or otherwise being included in the institution's or a law enforcement agency's investigation of the incident; and (2) cooperates in good faith throughout: (A) any institutional process regarding the incident, as determined by the dean of students or other appropriate official of the institution designated by the institution; or (B) any law enforcement agency's investigation regarding the incident, as determined by the chief or other appropriate official of the law enforcement agency designated by the law enforcement agency. (c) Immunity under Subsection (b) extends to participation in any judicial proceeding resulting from the report. (d) A person is not immune under Subsection (b) if the person: (1) reports the person's own act of hazing; or (2) reports an incident of hazing in bad faith or with malice. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38 ), Sec. 2, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 1036 (S.B. 37 ), Sec. 2, eff. September 1, 2023.