Bill Text: TX HB246 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the prosecution of the criminal offense of improper relationship between educator and student.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB246 Detail]

Download: Texas-2021-HB246-Enrolled.html
 
 
  H.B. No. 246
 
 
 
 
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
  Subsections (d-1) and (e) to read as follows:
         (d-1)  Except as otherwise provided by this subsection, a
  public or private primary or secondary school, or a person or entity
  that operates a public or private primary or secondary school, may
  not release externally to the general public the name of an employee
  of the school who is accused of committing an offense under this
  section until the employee is indicted for the offense.  The school,
  or the person or entity that operates the school, may release the
  name of the accused employee regardless of whether the employee has
  been indicted for the offense as necessary for the school to:
               (1)  report the accusation:
                     (A)  to the Texas Education Agency, another state
  agency, or local law enforcement or as otherwise required by law; or
                     (B)  to the school's members or community in
  accordance with the school's policies or procedures or with the
  religious law observed by the school; or
               (2)  conduct an investigation of the accusation.
         (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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 246 was passed by the House on May 5,
  2021, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 246 on May 28, 2021, by the following vote:  Yeas 146, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 246 was passed by the Senate, with
  amendments, on May 25, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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