1-1 By: Averitt (Senate Sponsor - Bivins) H.B. No. 762 1-2 (In the Senate - Received from the House May 1, 1997; 1-3 May 2, 1997, read first time and referred to Committee on 1-4 Education; May 15, 1997, reported favorably by the following vote: 1-5 Yeas 7, Nays 1; May 15, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to offenses involving the preparation, sale, or 1-9 distribution of certain academic materials for profit. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended 1-12 by adding Section 32.49 to read as follows: 1-13 Sec. 32.49. DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC 1-14 PRODUCT. (a) For purposes of this section: 1-15 (1) "Academic product" means a term paper, thesis, 1-16 dissertation, essay, report, recording, work of art, or other 1-17 written, recorded, pictorial, or artistic product or material 1-18 submitted or intended to be submitted by a person to satisfy an 1-19 academic requirement of the person. 1-20 (2) "Academic requirement" means a requirement or 1-21 prerequisite to receive course credit or to complete a course of 1-22 study or degree, diploma, or certificate program at an institution 1-23 of higher education. 1-24 (3) "Institution of higher education" means an 1-25 institution of higher education or private or independent 1-26 institution of higher education as those terms are defined by 1-27 Section 61.003, Education Code, or a private postsecondary 1-28 educational institution as that term is defined by Section 61.302, 1-29 Education Code. 1-30 (b) A person commits an offense if, with intent to make a 1-31 profit, the person prepares, sells, offers or advertises for sale, 1-32 or delivers to another person an academic product when the person 1-33 knows, or should reasonably have known, that a person intends to 1-34 submit or use the academic product to satisfy an academic 1-35 requirement of a person other than the person who prepared the 1-36 product. 1-37 (c) A person commits an offense if, with intent to induce 1-38 another person to enter into an agreement or obligation to obtain 1-39 or have prepared an academic product, the person knowingly makes or 1-40 disseminates a written or oral statement that the person will 1-41 prepare or cause to be prepared an academic product to be sold for 1-42 use in satisfying an academic requirement of a person other than 1-43 the person who prepared the product. 1-44 (d) It is a defense to prosecution under this section that 1-45 the actor's conduct consisted solely of action taken as an employee 1-46 of an institution of higher education in providing instruction, 1-47 counseling, or tutoring in research or writing to students of the 1-48 institution. 1-49 (e) It is a defense to prosecution under this section that 1-50 the actor's conduct consisted solely of offering or providing 1-51 tutorial or editing assistance to another person in connection with 1-52 the other person's preparation of an academic product to satisfy 1-53 the other person's academic requirement, and the actor does not 1-54 offer or provide substantial preparation, writing, or research in 1-55 the production of the academic product. 1-56 (f) It is a defense to prosecution under this section that 1-57 the actor's conduct consisted solely of typing, transcribing, or 1-58 reproducing a manuscript for a fee, or of offering to do so. 1-59 (g) An offense under this section is a Class B misdemeanor. 1-60 SECTION 2. This Act takes effect September 1, 1997. 1-61 SECTION 3. The importance of this legislation and the 1-62 crowded condition of the calendars in both houses create an 1-63 emergency and an imperative public necessity that the 1-64 constitutional rule requiring bills to be read on three several 2-1 days in each house be suspended, and this rule is hereby suspended. 2-2 * * * * *