By Giddings H.B. No. 403
77R1653 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, 2002.
2-4 SECTION 4. This Act takes effect September 1, 2001.