Texas 2021 87th Regular

Texas House Bill HB246 Introduced / Bill

Filed 11/09/2020

                    87R523 KJE-D
 By: Murr H.B. No. 246


 A BILL TO BE ENTITLED
 AN ACT
 relating to the prosecution of the criminal offense of improper
 relationship between educator and student.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 21.01(2), Penal Code, is amended to read
 as follows:
 (2)  "Sexual contact" means, except as provided by
 Section 21.11 or 21.12, any touching of the anus, breast, or any
 part of the genitals of another person with intent to arouse or
 gratify the sexual desire of any person.
 SECTION 2.  Section 21.12, Penal Code, is amended by adding
 Subsection (e) to read as follows:
 (e)  In this section, "sexual contact" means the following
 acts, if committed with the intent to arouse or gratify the sexual
 desire of any person:
 (1)  any touching by an employee of a public or private
 primary or secondary school of the anus, breast, or any part of the
 genitals of:
 (A)  an enrolled person described by Subsection
 (a)(1) or (a)(2)(A); or
 (B)  a student participant described by
 Subsection (a)(2)(B); or
 (2)  any touching of any part of the body of the
 enrolled person or student participant with the anus, breast, or
 any part of the genitals of the employee.
 SECTION 3.  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 4.  This Act takes effect September 1, 2021.