82R458 GCB-D
By: Dukes, Zedler H.B. No. 940
A BILL TO BE ENTITLED
AN ACT
relating to persons subject to prosecution for improper
relationship between educator and student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.12(a), Penal Code, is amended to read
as follows:
(a) An employee of a public or private primary or secondary
school commits an offense if the employee engages in:
(1) sexual contact, sexual intercourse, or deviate
sexual intercourse with a person who is:
(A) enrolled in a public or private primary or
secondary school at which the employee works;
(B) enrolled in a public primary or secondary
school in the same school district as the school at which the
employee works; or
(C) a participant in an educational activity that
is sponsored by a school district or a public or private primary or
secondary school, if:
(i) students enrolled in a public or
private primary or secondary school are the primary participants in
the activity; and
(ii) the employee provides educational
services to those participants; or
(2) conduct described by Section 33.021, with a person
described by Subdivision (1), regardless of the age of that person.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2011.