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  S.B. No. 1164
 
 
 
 
AN ACT
  relating to the prosecution of the offense of sexual assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.011(b), Penal Code, is amended to
  read as follows:
         (b)  A sexual assault under Subsection (a)(1) is without the
  consent of the other person if:
               (1)  the actor compels the other person to submit or
  participate by the use of physical force, violence, or coercion;
               (2)  the actor compels the other person to submit or
  participate by threatening to use force or violence against the
  other person or to cause harm to the other person, and the other
  person believes that the actor has the present ability to execute
  the threat;
               (3)  the other person has not consented and the actor
  knows the other person is unconscious or physically unable to
  resist;
               (4)  the actor knows that as a result of mental disease
  or defect the other person is at the time of the sexual assault
  incapable either of appraising the nature of the act or of resisting
  it;
               (5)  the other person has not consented and the actor
  knows the other person is unaware that the sexual assault is
  occurring;
               (6)  the actor has intentionally impaired the other
  person's power to appraise or control the other person's conduct by
  administering any substance without the other person's knowledge;
               (7)  the actor compels the other person to submit or
  participate by threatening to use force or violence against any
  person, and the other person believes that the actor has the ability
  to execute the threat;
               (8)  the actor is a public servant who coerces the other
  person to submit or participate;
               (9)  the actor is a mental health services provider or a
  health care services provider who causes the other person, who is a
  patient or former patient of the actor, to submit or participate by
  exploiting the other person's emotional dependency on the actor;
               (10)  the actor is a clergyman who causes the other
  person to submit or participate by exploiting the other person's
  emotional dependency on the clergyman in the clergyman's
  professional character as spiritual adviser;
               (11)  the actor is an employee of a facility where the
  other person is a resident, unless the employee and resident are
  formally or informally married to each other under Chapter 2,
  Family Code; [or]
               (12)  the actor is a health care services provider who,
  in the course of performing an assisted reproduction procedure on
  the other person, uses human reproductive material from a donor
  knowing that the other person has not expressly consented to the use
  of material from that donor;
               (13)  the actor is a coach or tutor who causes the other
  person to submit or participate by using the actor's power or
  influence to exploit the other person's dependency on the actor; or
               (14)  the actor is a caregiver hired to assist the other
  person with activities of daily life and causes the other person to
  submit or participate by exploiting the other person's dependency
  on the actor.
         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 occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1164 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0;              
  May 27, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2021, House
  granted request of the Senate; May 29, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1164 passed the House, with
  amendments, on May 24, 2021, by the following vote:  Yeas 146,
  Nays 0, one present not voting; May 28, 2021, House granted request
  of the Senate for appointment of Conference Committee;                
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 137, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor