By Giddings H.B. No. 1972 76R7814 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating the offense of improper sexual relations 1-3 between employees of a public or private primary or secondary 1-4 school and certain students. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 21, Penal Code, is amended by adding 1-7 Section 21.12 to read as follows: 1-8 Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND 1-9 STUDENT. (a) An employee of a public or private primary or 1-10 secondary school commits an offense if the employee engages in 1-11 sexual contact, sexual intercourse, or deviate sexual intercourse 1-12 with a person younger than 18 who is enrolled in a public or 1-13 private primary or secondary school and who is not the employee's 1-14 spouse. 1-15 (b) An offense under this section is a state jail felony. 1-16 (c) If conduct constituting an offense under this section 1-17 also constitutes an offense under another section of this code, the 1-18 actor may be prosecuted under either section or both sections. 1-19 SECTION 2. Section 21.041, Education Code, is amended by 1-20 adding Subsection (d) to read as follows: 1-21 (d) The board shall propose an amendment to the educator's 1-22 code of ethics providing that engaging in conduct prohibited by 1-23 Section 21.12, Penal Code, is a violation of the code of ethics. 1-24 SECTION 3. The State Board of Education shall propose the 2-1 amendment to the educator's code of ethics, as required by Section 2-2 21.041(d), Education Code, as added by this Act, not later than 2-3 January 1, 2000. 2-4 SECTION 4. This Act takes effect September 1, 1999. 2-5 SECTION 5. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.