(a) The chief executive officer of each postsecondary educational institution shall
annually certify in writing to the coordinating board that the institution is in substantial
compliance with this subchapter.
(b) If the coordinating board determines that a postsecondary educational institution
is not in substantial compliance with this subchapter, 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
(d) A postsecondary educational institution assessed an administrative penalty under
Subsection (b) may appeal the penalty in the manner provided by Chapter 2001, Government
(e) A postsecondary educational institution may not pay an administrative penalty
assessed under Subsection (b) using state or federal money.
(f) An administrative penalty collected under this section shall be deposited to the
credit of the sexual assault program fund established under Section 420.008, 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.
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