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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of improper relationship |
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between educator and student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.12, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) An employee of a public or private primary or secondary |
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school commits an offense if the employee: |
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(1) engages in sexual contact, sexual intercourse, or |
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deviate sexual intercourse with a person who is enrolled in a public |
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or private primary or secondary school at which the employee works; |
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(2) holds a position described by Section 21.003(a) or |
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(b), Education Code, regardless of whether the employee holds the |
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appropriate certificate, permit, license, or credential for the |
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position, [a certificate or permit issued as provided by Subchapter
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B, Chapter 21, Education Code, or is a person who is required to be
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licensed by a state agency as provided by Section 21.003(b),
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Education Code,] and engages in sexual contact, sexual intercourse, |
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or deviate sexual intercourse with a person the employee knows is[:
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[(A)] enrolled in a public or private primary or |
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secondary school other than a school described by Subdivision (1) |
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[in the same school district as the school at which the employee
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works; or
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[(B)
a student participant in an educational
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activity that is sponsored by a school district or a public or
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private primary or secondary school, if:
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[(i)
students enrolled in a public or
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private primary or secondary school are the primary participants in
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the activity; and
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[(ii)
the employee provides education
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services to those participants]; or |
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(3) engages in conduct described by Section 33.021, |
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with a person described by Subdivision (1), or a person the employee |
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knows is a person described by Subdivision (2) [(2)(A) or (B)], |
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regardless of the age of that person. |
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(e) With the consent of the appropriate local county or |
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district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |