89R4322 MZM-F     By: Eckhardt S.B. No. 333       A BILL TO BE ENTITLED   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.  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 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; or                (15)  the actor is a mental health services provider, a   health care services provider, or a person purporting to be a health   care services provider who, during the course of providing actual   or purported mental health services or health care services to the   other person, causes the other person to submit or participate by   creating or confirming a false impression of law or fact.          SECTION 2.  Section 22.011(c)(3), Penal Code, is amended to   read as follows:                (3)  "Health care services provider" means a person who   is licensed, certified, or otherwise authorized by the laws of this   state to provide health care services in the ordinary course of   business or practice of a profession, including:                      (A)  a physician licensed under Subtitle B, Title   3, Occupations Code;                      (B)  a chiropractor licensed under Chapter 201,   Occupations Code;                      (C)  a physical therapist licensed under Chapter   453, Occupations Code;                      (D)  a physician assistant licensed under Chapter   204, Occupations Code; or                      (E)  a registered nurse, a vocational nurse, or an   advanced practice nurse licensed under Chapter 301, Occupations   Code.          SECTION 3.  The changes in law made by this Act apply 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 4.  This Act takes effect September 1, 2025.