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