The bill, S.B. No. 792, amends the Texas Penal Code regarding the prosecution of sexual assault offenses. It modifies Section 22.011(b) to clarify the circumstances under which a sexual assault is considered to occur without consent. Key changes include the addition of specific conditions under which an actor is deemed to know or should reasonably know that the other person is unable to consent, such as being unconscious, physically unable to resist, or intoxicated. The bill also introduces a new definition of "consent" as referenced in Section 1.07 of the Penal Code.

Additionally, the bill updates Section 154.051(d-1) of the Occupations Code, specifying that the board cannot act on complaints related to certain violations of sexual assault that occurred more than seven years prior or more than two years from when the complainant became aware of the facts. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Penal Code 22.011 (Penal Code 22)