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AN ACT
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relating to the prosecution of the criminal offense of improper |
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relationship 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 21.01(2), Penal Code, is amended to read |
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as follows: |
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(2) "Sexual contact" means, except as provided by |
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Section 21.11 or 21.12, any touching of the anus, breast, or any |
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part of the genitals of another person with intent to arouse or |
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gratify the sexual desire of any person. |
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SECTION 2. Section 21.12, Penal Code, is amended by adding |
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Subsections (d-1) and (e) to read as follows: |
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(d-1) Except as otherwise provided by this subsection, a |
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public or private primary or secondary school, or a person or entity |
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that operates a public or private primary or secondary school, may |
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not release externally to the general public the name of an employee |
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of the school who is accused of committing an offense under this |
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section until the employee is indicted for the offense. The school, |
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or the person or entity that operates the school, may release the |
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name of the accused employee regardless of whether the employee has |
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been indicted for the offense as necessary for the school to: |
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(1) report the accusation: |
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(A) to the Texas Education Agency, another state |
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agency, or local law enforcement or as otherwise required by law; or |
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(B) to the school's members or community in |
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accordance with the school's policies or procedures or with the |
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religious law observed by the school; or |
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(2) conduct an investigation of the accusation. |
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(e) In this section, "sexual contact" means the following |
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acts, if committed with the intent to arouse or gratify the sexual |
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desire of any person: |
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(1) any touching by an employee of a public or private |
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primary or secondary school of the anus, breast, or any part of the |
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genitals of: |
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(A) an enrolled person described by Subsection |
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(a)(1) or (a)(2)(A); or |
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(B) a student participant described by |
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Subsection (a)(2)(B); or |
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(2) any touching of any part of the body of the |
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enrolled person or student participant with the anus, breast, or |
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any part of the genitals of the employee. |
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SECTION 3. 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 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 246 was passed by the House on May 5, |
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2021, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 246 on May 28, 2021, by the following vote: Yeas 146, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 246 was passed by the Senate, with |
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amendments, on May 25, 2021, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |