| 1 | 1 | | 85R5382 GCB-D |
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| 2 | 2 | | By: Isaac H.B. No. 1403 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offense of improper relationship |
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| 8 | 8 | | between educator and student. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.12, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) An employee of a public or private primary or secondary |
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| 14 | 14 | | school commits an offense if the employee: |
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| 15 | 15 | | (1) engages in sexual contact, sexual intercourse, or |
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| 16 | 16 | | deviate sexual intercourse with a person who is enrolled in a public |
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| 17 | 17 | | or private primary or secondary school at which the employee works; |
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| 18 | 18 | | (2) holds a position described by Section 21.003(a) or |
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| 19 | 19 | | (b), Education Code, regardless of whether the employee holds the |
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| 20 | 20 | | appropriate certificate, permit, license, or credential for the |
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| 21 | 21 | | position, [a certificate or permit issued as provided by Subchapter |
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| 22 | 22 | | B, Chapter 21, Education Code, or is a person who is required to be |
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| 23 | 23 | | licensed by a state agency as provided by Section 21.003(b), |
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| 24 | 24 | | Education Code,] and engages in sexual contact, sexual intercourse, |
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| 25 | 25 | | or deviate sexual intercourse with a person the employee knows is[: |
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| 26 | 26 | | [(A)] enrolled in a public or private primary or |
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| 27 | 27 | | secondary school other than a school described by Subdivision (1) |
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| 28 | 28 | | [in the same school district as the school at which the employee |
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| 29 | 29 | | works; or |
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| 30 | 30 | | [(B) a student participant in an educational |
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| 31 | 31 | | activity that is sponsored by a school district or a public or |
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| 32 | 32 | | private primary or secondary school, if: |
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| 33 | 33 | | [(i) students enrolled in a public or |
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| 34 | 34 | | private primary or secondary school are the primary participants in |
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| 35 | 35 | | the activity; and |
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| 36 | 36 | | [(ii) the employee provides education |
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| 37 | 37 | | services to those participants]; or |
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| 38 | 38 | | (3) engages in conduct described by Section 33.021, |
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| 39 | 39 | | with a person described by Subdivision (1), or a person the employee |
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| 40 | 40 | | knows is a person described by Subdivision (2) [(2)(A) or (B)], |
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| 41 | 41 | | regardless of the age of that person. |
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| 42 | 42 | | (e) With the consent of the appropriate local county or |
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| 43 | 43 | | district attorney, the attorney general has concurrent |
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| 44 | 44 | | jurisdiction with that consenting local prosecutor to prosecute an |
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| 45 | 45 | | offense under this section. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For |
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| 51 | 51 | | purposes of this section, an offense was committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense was |
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| 53 | 53 | | committed before that date. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2017. |
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