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 a sexual assault is considered to occur without consent. Key changes include the addition of criteria that specify when an individual cannot consent due to unconsciousness, physical inability to resist, intoxication, or impairment. The bill also introduces new definitions and clarifications regarding consent, as well as the responsibilities of various professionals, such as public servants, mental health providers, and caregivers, in relation to consent.

Additionally, the bill updates Section 154.051(d-1) of the Occupations Code, stating that the board cannot act on complaints related to certain violations of sexual assault laws that occurred more than seven years prior or more than two years from when the complainant became aware of the violation. The changes in law will only apply 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)