82R458 GCB-D
 
  By: Dukes, Zedler H.B. No. 940
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to persons subject to prosecution for improper
 
  relationship between educator and student.
         
         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:
                     
                     (A)  enrolled in a public or private primary or
 
  secondary school at which the employee works;
                     
                     (B)  enrolled in a public primary or secondary
 
  school in the same school district as the school at which the
 
  employee works; or
                     
                     (C)  a participant in an educational activity that
 
  is sponsored by a school district or a public or private primary or
 
  secondary school, if:
                           
                           (i)  students enrolled in a public or
 
  private primary or secondary school are the primary participants in
 
  the activity; and
                           
                           (ii)  the employee provides educational
 
  services to those participants; or
               
               (2)  conduct described by Section 33.021, with a person
 
  described by Subdivision (1), regardless of the age of that person.
         
         SECTION 2.  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
 
  governed by the law in effect when the offense was committed, and
 
  the former law is continued in effect for that purpose. For
 
  purposes of this section, an offense was committed before the
 
  effective date of this Act if any element of the offense occurred
 
  before that date.
         
         SECTION 3.  This Act takes effect September 1, 2011.