85R5382 GCB-D     By: Isaac H.B. No. 1403       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of improper relationship   between educator and student.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.12, Penal Code, is amended by   amending Subsection (a) and adding Subsection (e) to read as   follows:          (a)  An employee of a public or private primary or secondary   school commits an offense if the employee:                (1)  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 at which the employee works;                (2)  holds a position described by Section 21.003(a) or   (b), Education Code, regardless of whether the employee holds the   appropriate certificate, permit, license, or credential for the   position, [a certificate or permit issued as provided by Subchapter   B, Chapter 21, Education Code, or is a person who is required to be   licensed by a state agency as provided by Section 21.003(b),   Education Code,] and engages in sexual contact, sexual intercourse,   or deviate sexual intercourse with a person the employee knows is[:                      [(A)]  enrolled in a public or private primary or   secondary school other than a school described by Subdivision (1)    [in the same school district as the school at which the employee   works; or                      [(B)     a student 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 education   services to those participants]; or                (3)  engages in conduct described by Section 33.021,   with a person described by Subdivision (1), or a person the employee   knows is a person described by Subdivision (2) [(2)(A) or (B)],   regardless of the age of that person.          (e)  With the consent of the appropriate local county or   district attorney, the attorney general has concurrent   jurisdiction with that consenting local prosecutor to prosecute an   offense under this section.          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 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 was   committed before that date.          SECTION 3.  This Act takes effect September 1, 2017.