SRC-TAG H.B. 532 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 532
By: Giddings (Nelson)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 


The Educators' Code of Ethics states that an educator should not "solicit
or engage in sexual conduct or a romantic relationship with a student."
Though an educator may be sanctioned for violation of this rule, there are
currently no laws that would prohibit sexual relations between a school
employee and a student.  H.B. 532 creates the offense of improper sexual
relations between employees of a public or private primary or secondary
school and students younger than 18 years of age. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Chapter 21, Penal Code, by adding Section 21.12, as
follows: 

Sec. 21.12.  IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a)
Specifies that an employee of a public or private primary or secondary
school commits an offense if the employee engages in sexual contact,
sexual intercourse, or deviate sexual intercourse with a person who is
enrolled in a public or private primary or secondary school and who is not
the employee's spouse. 

  (b)  Provides that an offense under this section is a felony of the
second degree. 
 
(c)  Authorizes the actor to be prosecuted under either section or both
sections, if conduct constituting an offense under this section also
constitutes an offense under another section of this code. 
 
SECTION 2.  Effective date:  September 1, 2003.