H.B. No. 401
 
 
 
 
AN ACT
  relating to the use of text messages and other electronic media to
  commit certain sexual offenses against minors or certain students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.12(a), Penal Code, is amended to read
  as follows:
         (a)  An employee of a public or private primary or secondary
  school commits an offense if the employee engages in:
               (1) sexual contact, sexual intercourse, or deviate
  sexual intercourse with a person who is enrolled in a public or
  private primary or secondary school at which the employee works and
  who is not the employee's spouse; or
               (2)  conduct described by Section 33.021, with a person
  described by Subdivision (1), regardless of the age of that person.
         SECTION 2.  Sections 33.021(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  A person who is 17 years of age or older commits an
  offense if, with the intent to arouse or gratify the sexual desire
  of any person, the person, over the Internet, [or] by electronic
  mail or text message or other electronic message service or system,
  or through a commercial online service, intentionally:
               (1)  communicates in a sexually explicit manner with a
  minor; or
               (2)  distributes sexually explicit material to a minor.
         (c)  A person commits an offense if the person, over the
  Internet, [or] by electronic mail or text message or other
  electronic message service or system, or through a commercial
  online service, knowingly solicits a minor to meet another person,
  including the actor, with the intent that the minor will engage in
  sexual contact, sexual intercourse, or deviate sexual intercourse
  with the actor or another person.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For the
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 401 was passed by the House on April
  25, 2007, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 401 was passed by the Senate on May
  21, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor