85R2081 JRR-F
By: Guillen H.B. No. 49
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(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:
(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 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 in this state, other than a school described by
Subdivision (1) [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)(A) or (B),
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 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.