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.