The bill, S.B. No. 1432, amends the Texas Penal Code regarding the prosecution of sexual assault offenses. It modifies Section 22.011(b) to clarify the circumstances under which consent is deemed absent. Key changes include the addition of criteria that specify when an individual cannot consent due to being unconscious, physically unable to resist, or impaired by substances. The bill also introduces new definitions and clarifications regarding consent, as well as the responsibilities of various professionals, such as public servants and healthcare providers, in relation to consent.

Additionally, the bill amends Section 154.051(d-1) of the Occupations Code to establish a time limit for the board to consider complaints related to violations of the amended sexual assault provisions. Specifically, it states that complaints cannot be acted upon if they involve incidents that occurred more than seven years prior or more than two years from when the complainant became aware of the facts. The changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, ensuring that prior offenses are governed by the law in effect at the time they were committed.

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