By Turner of Coleman                            H.B. No. 1731

      75R7021 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of engaging in sexual contact for the

 1-3     purposes of prosecuting certain sexual offenses.

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

 1-5           SECTION 1.  Section 21.01, Penal Code, is amended to read as

 1-6     follows:

 1-7           Sec. 21.01.  DEFINITIONS.  (a)  In this chapter:

 1-8                 (1)  "Deviate sexual intercourse" means:

 1-9                       (A)  any contact between any part of the genitals

1-10     of one person and the mouth or anus of another person;  or

1-11                       (B)  the penetration of the genitals or the anus

1-12     of another person with an object.

1-13                 (2)  ["Sexual contact" means any touching of the anus,

1-14     breast, or any part of the genitals of another person with intent

1-15     to arouse or gratify the sexual desire of any person.]

1-16                 [(3)]  "Sexual intercourse" means any penetration of

1-17     the female sex organ by the male sex organ.

1-18           (b)  For the purposes of this chapter, a person engages in an

1-19     act of sexual contact if with intent to arouse or gratify the

1-20     sexual desire of any person, the person:

1-21                 (1)  touches the anus, breast, or any part of the

1-22     genitals of another; or

1-23                 (2)  consents to the touching by another of the anus,

1-24     breast, or any part of the genitals of the person, but only if the

 2-1     touching occurs subsequent to consent being given.

 2-2                 SECTION 2.  (a)  The change in law made by this Act

 2-3     applies only to an offense committed on or after the effective date

 2-4     of this Act.  For purposes of this section, an offense is committed

 2-5     before the effective date of this Act if any element of the offense

 2-6     occurs before the effective date.

 2-7           (b)  An offense committed before the effective date of this

 2-8     Act is covered by the law in effect when the offense was committed,

 2-9     and the former law is continued in effect for that purpose.

2-10           SECTION 3.  This Act takes effect September 1, 1997.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.