By Averitt H.B. No. 762 75R4116 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to offenses involving the preparation, sale, or 1-3 distribution of certain academic materials for profit. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended 1-6 by adding Section 32.49 to read as follows: 1-7 Sec. 32.49. DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC 1-8 PRODUCT. (a) For purposes of this section: 1-9 (1) "Academic product" means a term paper, thesis, 1-10 dissertation, essay, report, recording, work of art, or other 1-11 written, recorded, pictorial, or artistic product or material 1-12 submitted or intended to be submitted by a person to satisfy an 1-13 academic requirement of the person. 1-14 (2) "Academic requirement" means a requirement or 1-15 prerequisite to receive course credit or to complete a course of 1-16 study or degree, diploma, or certificate program at an institution 1-17 of higher education. 1-18 (3) "Institution of higher education" means an 1-19 institution of higher education or private or independent 1-20 institution of higher education as those terms are defined by 1-21 Section 61.003, Education Code, or a private postsecondary 1-22 educational institution as that term is defined by Section 61.302, 1-23 Education Code. 1-24 (b) A person commits an offense if, with intent to make a 2-1 profit, the person prepares, sells, offers or advertises for sale, 2-2 or delivers to another person an academic product when the person 2-3 knows, or should reasonably have known, that a person intends to 2-4 submit or use the academic product to satisfy an academic 2-5 requirement of a person other than the person who prepared the 2-6 product. 2-7 (c) A person commits an offense if, with intent to induce 2-8 another person to enter into an agreement or obligation to obtain 2-9 or have prepared an academic product, the person knowingly makes or 2-10 disseminates a written or oral statement that the person will 2-11 prepare or cause to be prepared an academic product to be sold for 2-12 use in satisfying an academic requirement of a person other than 2-13 the person who prepared the product. 2-14 (d) It is a defense to prosecution under this section that 2-15 the actor's conduct consisted solely of action taken as an employee 2-16 of an institution of higher education in providing instruction, 2-17 counseling, or tutoring in research or writing to students of the 2-18 institution. 2-19 (e) It is a defense to prosecution under this section that 2-20 the actor's conduct consisted solely of offering or providing 2-21 tutorial or editing assistance to another person in connection with 2-22 the other person's preparation of an academic product to satisfy 2-23 the other person's academic requirement, and the actor does not 2-24 offer or provide substantial preparation, writing, or research in 2-25 the production of the academic product. 2-26 (f) It is a defense to prosecution under this section that 2-27 the actor's conduct consisted solely of typing, transcribing, or 3-1 reproducing a manuscript for a fee, or of offering to do so. 3-2 (g) An offense under this section is a Class B misdemeanor. 3-3 SECTION 2. This Act takes effect September 1, 1997. 3-4 SECTION 3. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.