H.B. No. 3073
 
 
 
 
AN ACT
  relating to the prosecution of the offense of sexual assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Summer Willis Act.
         SECTION 2.  Section 22.011(b), Penal Code, is amended to
  read as follows:
         (b)  A sexual assault under Subsection (a)(1) is without the
  consent of the other person if:
               (1)  the actor compels the other person to submit or
  participate by the use of physical force, violence, or coercion;
               (2)  the actor compels the other person to submit or
  participate by threatening to use force or violence against the
  other person or to cause harm to the other person, and the other
  person believes that the actor has the present ability to execute
  the threat;
               (3)  the other person has not consented and the actor
  knows the other person is unconscious or physically unable to
  resist;
               (4)  the actor knows that as a result of mental disease
  or defect the other person is at the time of the sexual assault
  incapable either of appraising the nature of the act or of resisting
  it;
               (5)   the other person has not consented and the actor
  knows the other person is unaware that the sexual assault is
  occurring;
               (6)  the actor knows that the other person is
  intoxicated or impaired by any substance to the extent that the
  other person is incapable of consenting [the actor has
  intentionally impaired the other person's power to appraise or
  control the other person's conduct by administering any substance
  without the other person's knowledge];
               (7)  the actor compels the other person to submit or
  participate by threatening to use force or violence against any
  person, and the other person believes that the actor has the ability
  to execute the threat;
               (8)  the actor is a public servant who coerces the other
  person to submit or participate;
               (9)  the actor is a mental health services provider or a
  health care services provider who causes the other person, who is a
  patient or former patient of the actor, to submit or participate by
  exploiting the other person's emotional dependency on the actor;
               (10)  the actor is a clergyman who causes the other
  person to submit or participate by exploiting the other person's
  emotional dependency on the clergyman in the clergyman's
  professional character as spiritual adviser;
               (11)  the actor is an employee of a facility where the
  other person is a resident, unless the employee and resident are
  formally or informally married to each other under Chapter 2,
  Family Code;
               (12)  the actor is a health care services provider who,
  in the course of performing an assisted reproduction procedure on
  the other person, uses human reproductive material from a donor
  knowing that the other person has not expressly consented to the use
  of material from that donor;
               (13)  the actor is a coach or tutor who causes the other
  person to submit or participate by using the actor's power or
  influence to exploit the other person's dependency on the actor; or
               (14)  the actor is a caregiver hired to assist the other
  person with activities of daily life and causes the other person to
  submit or participate by exploiting the other person's dependency
  on the actor.
         SECTION 3.  Section 22.011(c), Penal Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a) "Consent" has the meaning assigned by Section
  1.07.
         SECTION 4.  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 on the date 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 5.  This Act takes effect September 1, 2025.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3073 was passed by the House on May 1,
  2025, by the following vote:  Yeas 129, Nays 4, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3073 on May 30, 2025, by the following vote:  Yeas 135, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3073 was passed by the Senate, with
  amendments, on May 28, 2025, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor