H.B. No. 3073 amends the Texas Penal Code regarding the prosecution of sexual assault offenses. The bill clarifies the circumstances under which consent is considered absent, specifically detailing various scenarios where an individual cannot consent due to factors such as unconsciousness, intoxication, or coercion. Notably, the bill introduces new language that specifies that consent is not present if the actor knows the other person is incapable of appraising the nature of the act or resisting it, or if the actor knows the other person has withdrawn consent. Additionally, the bill removes outdated language that previously defined consent in a more limited context.

Furthermore, the bill adds a definition of "consent" as assigned by Section 1.07 of the Penal Code and modifies the Occupations Code to prevent the board from considering complaints related to certain sexual assault violations that occurred more than seven years prior. 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. This legislation aims to strengthen the legal framework surrounding sexual assault cases and ensure that victims' rights are better protected.

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