Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Averitt                                       H.B. No. 762

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the preparation, sale, or distribution of academic

 1-3     materials for profit.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D of the Penal Code is amended by

 1-6     adding Section 32.49 to read as follows:

 1-7           (a)  A person commits an offense if:

 1-8                 (1)  the person prepares, causes to be prepared, sells,

 1-9     offers to sell, advertises for sale, or distributes any term paper,

1-10     thesis, dissertation, or other written or other academic material

1-11     for another person, for profit, with the knowledge, or under

1-12     circumstances in which the person should reasonably have known,

1-13     that such term paper, thesis, dissertation, essay, report or other

1-14     written, recorded, pictorial, artistic or other academic material

1-15     may be submitted by any other person in fulfillment of the

1-16     requirements for a degree, diploma, certificate, or course of study

1-17     at any institution of higher education, private or independent

1-18     institution of higher education, or a private postsecondary

1-19     educational institution as those terms are defined in sections

1-20     61.003(8), 61.003(15), and 61.302(2) respectively of the Education

1-21     Code; or

1-22                 (2)  the person knowingly makes or disseminates, with

1-23     the intent to induce and other person to enter into any obligation

1-24     relating thereto, any statement, written or oral, that he will

 2-1     prepare or cause to be prepared, any term paper, thesis,

 2-2     dissertation, essay, report or other written, recorded, pictorial,

 2-3     artistic or other written material, to be sold for profit, for or

 2-4     on behalf of any person who has been assigned the written

 2-5     preparation of such term paper, thesis, dissertation or other

 2-6     written material for academic credit at any institution of higher

 2-7     education, private or independent institution of higher education,

 2-8     or a private postsecondary educational institution as those terms

 2-9     are defined in sections 61.003(8), 61.003(15), and 61.302(2)

2-10     respectively of the Education Code.

2-11           (b)  This section does not prohibit:

2-12                 (1)  An educational institution, or any of its faculty

2-13     or staff, from offering courses, instruction, counseling, or

2-14     tutoring in research or writing as part of a program authorized by

2-15     the institution; or

2-16                 (2)  Any person from offering tutorial assistance that

2-17     does not include the preparation, research, or writing of an

2-18     academic paper intended for submission to an institution of higher

2-19     education, private or independent institution of higher education,

2-20     or a private postsecondary educational institution as those terms

2-21     are defined in sections 61.003(8), 61.003(15), and 61.302(2)

2-22     respectively of the Education Code in fulfilling the requirements

2-23     for a degree, diploma, certificate, or course of study; or

2-24                 (3)  Any person from typing, transcribing, or

2-25     reproducing a manuscript for a fee.

2-26           (c)  An offense under this section is a class B misdemeanor.

2-27           SECTION 2.  The importance of this legislation and the

2-28     crowded condition of the calendars in both houses create an

2-29     emergency and an imperative public necessity that the

2-30     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.