Texas 2025 - 89th Regular

Texas House Bill HB3073 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21748~~ MZM-D
	1	+	89R9518 MZM-D
2	2		By: Howard H.B. No. 3073
3		-	Substitute the following for H.B. No. 3073:
4		-	By: Rodríguez Ramos C.S.H.B. No. 3073
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the prosecution of the offense of sexual assault.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 22.011(b), Penal Code, is amended to
14	12		read as follows:
15	13		(b) A sexual assault under Subsection (a)(1) is without the
16	14		consent of the other person if:
17	15		(1) the actor compels the other person to submit or
18	16		participate by the use of physical force, violence, or coercion;
19	17		(2) the actor compels the other person to submit or
20	18		participate by threatening to use force or violence against the
21	19		other person or to cause harm to the other person, and the other
22	20		person believes that the actor has the present ability to execute
23	21		the threat;
24	22		(3) [the other person has not consented and] the actor
25	23		knows the other person is unconscious, [or] physically unable to
26		-	resist, or unaware that the sexual assault is occurring;
27		-	(4) the actor knows that as a result of mental disease
	24	+	resist, incapable of appraising the nature of the act or of
	25	+	resisting it, or unaware that the sexual assault is occurring;
	26	+	(4) the actor knows or reasonably should know that the
	27	+	other person cannot consent because of intoxication or impairment
	28	+	by any substance [the actor knows that as a result of mental disease
28	29		or defect the other person is at the time of the sexual assault
29	30		incapable either of appraising the nature of the act or of resisting
30		-	it;
	31	+	it];
31	32		(5) the actor knows the other person has withdrawn
32	33		consent to the act and the actor persists in the act [the other
33	34		person has not consented and the actor knows the other person is
34	35		unaware that the sexual assault is occurring];
35		-	(6) the actor knows or reasonably should know that the
36		-	other person cannot consent because of intoxication or impairment
37		-	by any substance [the actor has intentionally impaired the other
	36	+	(6) [the actor has intentionally impaired the other
38	37		person's power to appraise or control the other person's conduct by
39		-	administering any substance without the other person's knowledge];
40		-	(7) the actor compels the other person to submit or
	38	+	administering any substance without the other person's knowledge;
	39	+	[(7)] the actor compels the other person to submit or
41	40		participate by threatening to use force or violence against any
42	41		person, and the other person believes that the actor has the ability
43	42		to execute the threat;
44		-	(8) the actor is a public servant who coerces the other
45		-	person to submit or participate;
46		-	(9) the actor is a mental health services provider or a
47		-	health care services provider who causes the other person, who is a
48		-	patient or former patient of the actor, to submit or participate by
49		-	exploiting the other person's emotional dependency on the actor;
50		-	(10) the actor is a clergyman who causes the other
	43	+	(7) [(8)] the actor is a public servant who coerces
	44	+	the other person to submit or participate;
	45	+	(8) [(9)] the actor is a mental health services
	46	+	provider or a health care services provider who causes the other
	47	+	person, who is a patient or former patient of the actor, to submit
	48	+	or participate by exploiting the other person's emotional
	49	+	dependency on the actor;
	50	+	(9) [(10)] the actor is a clergyman who causes the
	51	+	other person to submit or participate by exploiting the other
	52	+	person's emotional dependency on the clergyman in the clergyman's
	53	+	professional character as spiritual adviser;
	54	+	(10) [(11)] the actor is an employee of a facility
	55	+	where the other person is a resident, unless the employee and
	56	+	resident are formally or informally married to each other under
	57	+	Chapter 2, Family Code;
	58	+	(11) [(12)] the actor is a health care services
	59	+	provider who, in the course of performing an assisted reproduction
	60	+	procedure on the other person, uses human reproductive material
	61	+	from a donor knowing that the other person has not expressly
	62	+	consented to the use of material from that donor;
	63	+	(12) [(13)] the actor is a coach or tutor who causes
	64	+	the other person to submit or participate by using the actor's power
	65	+	or influence to exploit the other person's dependency on the actor;
	66	+	or
	67	+	(13) [(14)] the actor is a caregiver hired to assist
	68	+	the other person with activities of daily life and causes the other
51	69		person to submit or participate by exploiting the other person's
52		-	emotional dependency on the clergyman in the clergyman's
53		-	professional character as spiritual adviser;
54		-	(11) the actor is an employee of a facility where the
55		-	other person is a resident, unless the employee and resident are
56		-	formally or informally married to each other under Chapter 2,
57		-	Family Code;
58		-	(12) the actor is a health care services provider who,
59		-	in the course of performing an assisted reproduction procedure on
60		-	the other person, uses human reproductive material from a donor
61		-	knowing that the other person has not expressly consented to the use
62		-	of material from that donor;
63		-	(13) the actor is a coach or tutor who causes the other
64		-	person to submit or participate by using the actor's power or
65		-	influence to exploit the other person's dependency on the actor; or
66		-	(14) the actor is a caregiver hired to assist the other
67		-	person with activities of daily life and causes the other person to
68		-	submit or participate by exploiting the other person's dependency
69		-	on the actor.
	70	+	dependency on the actor.
70	71		SECTION 2. Section 22.011(c), Penal Code, is amended by
71	72		adding Subdivision (1-a) to read as follows:
72	73		(1-a) "Consent" has the meaning assigned by Section
73	74		1.07.
74		-	SECTION 3. The change in law made by this Act applies only
	75	+	SECTION 3. Section 154.051(d-1), Occupations Code, is
	76	+	amended to read as follows:
	77	+	(d-1) The board may not consider or act on a complaint
	78	+	involving an alleged violation of Section 22.011(b)(11)
	79	+	[22.011(b)(12)], Penal Code, that occurred more than seven years
	80	+	before the date on which the complaint is received by the board or
	81	+	more than 2 years from the date the complainant knew or should have
	82	+	known of the facts giving rise to the complaint, whichever is later.
	83	+	SECTION 4. The change in law made by this Act applies only
75	84		to an offense committed on or after the effective date of this Act.
76	85		An offense committed before the effective date of this Act is
77	86		governed by the law in effect on the date the offense was committed,
78	87		and the former law is continued in effect for that purpose. For
79	88		purposes of this section, an offense was committed before the
80	89		effective date of this Act if any element of the offense occurred
81	90		before that date.
82		-	SECTION 4. This Act takes effect September 1, 2025.
	91	+	SECTION 5. This Act takes effect September 1, 2025.