SRC-SLL S.B. 821 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 821
By: Bivins
Criminal Justice
3-25-97
As Filed


DIGEST 

Currently, Texas law does not prohibit the use of the academic product of
another person to satisfy an academic requirement.  College and university
officials have seen an increase in the number of individuals and
businesses offering to sell already-prepared term papers or theses or to
write original term papers or theses for a fee.  While colleges and
universities have the ability to discipline students who cheat, the
schools have nothing at their disposal to deter individuals and services
from inducing students to cheat.  This bill will create a criminal offense
for the preparation, sale, or distribution of certain academic materials
for profit. 

PURPOSE

As proposed, S.B. 821 creates a criminal offense for the preparation,
sale, or distribution of certain academic materials for profit. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32D, Penal Code, by adding Section 32.49, as
follows: 

Sec.  32.49.  DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC PRODUCT.
Defines "academic product," "academic requirement," and "institution of
higher education."  Provides that a person commits a Class B misdemeanor
if the person commits certain acts regarding the preparation, sale, or
distribution of an academic product to satisfy an academic requirement of
a person other than the person who prepared the product.  Sets forth
defenses to prosecution under this section. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.