Bill Text: TX HB186 | 2027-2028 | 90th Legislature Regular Session | Introduced

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Bill Title: Relating to the criminal consequences for the offense of improper relationship between educator and student, including increasing the minimum term of imprisonment, changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole, and requiring sex offender registration for that offense.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced) 2026-11-09 - Filed [HB186 Detail]

Download: Texas-2027-HB186-Introduced.html

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90R3880 MEW-D
By: Leach H.B. No. 186

A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences for the offense of improper
relationship between educator and student, including increasing
the minimum term of imprisonment, changing eligibility for deferred
adjudication community supervision, mandatory supervision, and
parole, and requiring sex offender registration for that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.102(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, 20A.03, 49.045, 49.05,
49.061, 49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under
Section 49.09, Penal Code;
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections; or
(E) under Section 481.1123, Health and Safety
Code, that is punishable under Subsection (d), (e), or (f) of that
section;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(B) of
this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code;
(B) Section 21.03, Penal Code;
(C) Section 21.12, Penal Code; or
(D) [(C)] Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 2. Subchapter K, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.518 to read as follows:
Art. 42A.518. COMMUNITY SUPERVISION FOR IMPROPER
RELATIONSHIP BETWEEN EDUCATOR AND STUDENT OFFENSE. A court
granting community supervision to a defendant convicted of an
offense under Section 21.12, Penal Code, shall require as a term of
community supervision that the defendant serve a term of
imprisonment in the Texas Department of Criminal Justice of not
less than 10 years.
SECTION 3. Article 62.001(5), Code of Criminal Procedure,
as amended by Chapters 123 (H.B. 2000), 248 (H.B. 1465), 557 (H.B.
1422), and 1145 (S.B. 1610), Acts of the 89th Legislature, Regular
Session, 2025, is reenacted and amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.03
(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency
with a child), 21.12 (Improper relationship between educator and
student), 21.15 (Invasive visual recording), 22.011 (Sexual
assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
sexual conduct), Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), (L), or (M), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code;
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code; [or]
(M) a violation of Section 15.032 (Child
grooming), Penal Code; or
(N) [(M)] a violation of any law of this state
for which the person has been civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code.
SECTION 4. Section 508.145(e-1), Government Code, is
amended to read as follows:
(e-1) An inmate serving a sentence for an offense under
Section 21.12, Penal Code, or an offense punishable under Section
49.09(b-2)(2), Penal Code, is not eligible for release on parole
until the actual calendar time served, without consideration of
good conduct time, equals 10 years.
SECTION 5. Section 508.147(a-1), Government Code, is
amended to read as follows:
(a-1) An inmate serving a sentence for an offense under
Section 21.12, Penal Code, or punishable under Section
49.09(b-2)(2), Penal Code, may not be released to mandatory
supervision unless:
(1) the inmate's actual calendar time served, without
consideration of good conduct time, equals at least 10 years; and
(2) the inmate is otherwise eligible for release under
Subsection (a).
SECTION 6. Section 21.12(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the second
degree with a minimum term of imprisonment of 10 years.
SECTION 7. The changes in law made by this Act apply 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 8. To the extent of any conflict, this Act prevails
over another Act of the 90th Legislature, Regular Session, 2027,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect September 1, 2027.