85R5382 GCB-D
By: Isaac H.B. No. 1403
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of improper relationship
between educator and student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.12, Penal Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) An employee of a public or private primary or secondary
school commits an offense if the employee:
(1) engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with a person who is enrolled in a public
or private primary or secondary school at which the employee works;
(2) holds a position described by Section 21.003(a) or
(b), Education Code, regardless of whether the employee holds the
appropriate certificate, permit, license, or credential for the
position, [a certificate or permit issued as provided by Subchapter
B, Chapter 21, Education Code, or is a person who is required to be
licensed by a state agency as provided by Section 21.003(b),
Education Code,] and engages in sexual contact, sexual intercourse,
or deviate sexual intercourse with a person the employee knows is[:
[(A)] enrolled in a public or private primary or
secondary school other than a school described by Subdivision (1)
[in the same school district as the school at which the employee
works; or
[(B) a student 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 education
services to those participants]; or
(3) engages in conduct described by Section 33.021,
with a person described by Subdivision (1), or a person the employee
knows is a person described by Subdivision (2) [(2)(A) or (B)],
regardless of the age of that person.
(e) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section.
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 on the date 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2017.