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.