89R5127 MZM-F     By: Johnson H.B. No. 324       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 consent, as defined by Section   1.07(a), is not present or 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 or reasonably should know the other person is:                      (A)  unconscious;                      (B)  [or] physically unable to resist;                      (C)  incapable either of appraising the nature of   the act or of resisting the act; or                      (D)  unaware that the sexual assault is occurring;                (4)  the actor knows or reasonably should know that the   other person has not consented, either verbally or through another   positive affirmation, to the specific act or that the person has   withdrawn consent to the act and the actor persists after consent is   withdrawn [the actor knows that as a result of mental disease or   defect the other person is at the time of the sexual assault   incapable either of appraising the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 actor knows or reasonably should know the   other person is intoxicated by any substance such that the other   person is incapable of consenting to the act [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;                (7) [(8)]  the actor is a public servant, or   impersonates a public servant, who coerces the other person to   submit or participate;                (8) [(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;                (9) [(10)]  the actor is a clergyman, or impersonates a   clergyman, who causes the other person to submit or participate by   exploiting the other person's emotional dependency on the actor   [clergyman] in the actor's [clergyman's] professional or   impersonated character as spiritual adviser;                (10) [(11)]  the actor is an employee of a facility, or   impersonates 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;                (11) [(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;                (12) [(13)]  the actor is a coach or tutor, or   impersonates 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]                (13) [(14)]  the actor is a caregiver hired to assist   the other person with activities of daily life, or impersonates   such a caregiver, and causes the other person to submit or   participate by exploiting the other person's dependency on the   actor; or                (14)  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 154.051(d-1), Occupations Code, is   amended to read as follows:          (d-1)  The board may not consider or act on a complaint   involving an alleged violation of Section 22.011(b)(11)   [22.011(b)(12)], Penal Code, that occurred more than seven years   before the date on which the complaint is received by the board or   more than 2 years from the date the complainant knew or should have   known of the facts giving rise to the complaint, whichever is later.          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   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 4.  This Act takes effect September 1, 2025.