AN ACT
 1-1     relating to the prosecution of the offense of sexual assault.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subsection (b), Section 22.011, Penal Code, is
 1-4     amended to read as follows:
 1-5           (b)  A sexual assault under Subsection (a)(1) is without the
 1-6     consent of the other person if:
 1-7                 (1)  the actor compels the other person to submit or
 1-8     participate by the use of physical force or violence;
 1-9                 (2)  the actor compels the other person to submit or
1-10     participate by threatening to use force or violence against the
1-11     other person, and the other person believes that the actor has the
1-12     present ability to execute the threat;
1-13                 (3)  the other person has not consented and the actor
1-14     knows the other person is unconscious or physically unable to
1-15     resist;
1-16                 (4)  the actor knows that as a result of mental disease
1-17     or defect the other person is at the time of the sexual assault
1-18     incapable either of appraising the nature of the act or of
1-19     resisting it;
1-20                 (5)  the other person has not consented and the actor
1-21     knows the other person is unaware that the sexual assault is
1-22     occurring;
1-23                 (6)  the actor has intentionally impaired the other
 2-1     person's power to appraise or control the other person's conduct by
 2-2     administering any substance without the other person's knowledge;
 2-3                 (7)  the actor compels the other person to submit or
 2-4     participate by threatening to use force or violence against any
 2-5     person, and the other person believes that the actor has the
 2-6     ability to execute the threat;
 2-7                 (8)  the actor is a public servant who coerces the
 2-8     other person to submit or participate;
 2-9                 (9)  the actor is a mental health services provider or
2-10     a health care services provider who causes the other person, who is
2-11     a patient or former patient of the actor, to submit or participate
2-12     by exploiting the other person's emotional dependency on the actor;
2-13     or
2-14                 (10)  the actor is a clergyman who causes the other
2-15     person to submit or participate by exploiting the other person's
2-16     emotional dependency on the clergyman in the clergyman's
2-17     professional character as spiritual adviser.
2-18           SECTION 2.  Subsection (c), Section 22.011, Penal Code, is
2-19     amended by adding Subdivision (3) to read as follows:
2-20                 (3)  "Health care services provider" means:
2-21                       (A)  a physician licensed under the Medical
2-22     Practice Act (Article 4495b, Vernon's Texas Civil Statutes);
2-23                       (B)  a chiropractor licensed under Chapter 94,
2-24     Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
2-25     Vernon's Texas Civil Statutes);
 3-1                       (C)  a licensed vocational nurse licensed under
 3-2     Chapter 118, Acts of the 52nd Legislature, 1951 (Article 4528c,
 3-3     Vernon's Texas Civil Statutes);
 3-4                       (D)  a physical therapist licensed under Chapter
 3-5     836, Acts of the 62nd Legislature, Regular Session, 1971 (Article
 3-6     4512e, Vernon's Texas Civil Statutes);
 3-7                       (E)  a physician assistant licensed under the
 3-8     Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
 3-9     Civil Statutes); or
3-10                       (F)  a registered nurse or an advanced practice
3-11     nurse licensed under Chapter 7, Title 71, Revised Statutes.
3-12           SECTION 3.  (a)  The change in law made by this Act applies
3-13     only to an offense committed on or after the effective date of this
3-14     Act.  For purposes of this section, an offense is committed before
3-15     the effective date of this Act if any element of the offense occurs
3-16     before the effective date.
3-17           (b)  An offense committed before the effective date of this
3-18     Act is covered by the law in effect when the offense was committed,
3-19     and the former law is continued in effect for that purpose.
3-20           SECTION 4.  This Act takes effect September 1, 1997.
3-21           SECTION 5.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 542 passed the Senate on
         April 15, 1997, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 30, 1997, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 542 passed the House, with
         amendment, on May 28, 1997, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor