Relating to the prosecution of the offense of sexual assault.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Local Law Enforcement • District Attorneys • Criminal Courts
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediate effect triggered by supermajority vote).
Compliance Deadline: June 20, 2025. There is no grace period; offenses committed on or after this date are prosecutable under the new standard.
Agency Rulemaking: None. The Legislature has defined the penal code directly. Do not wait for TABC or Medical Board guidance; the standard is now set by criminal statute.
Immediate Action Plan
1.Immediate Policy Update: Revise Employee Handbooks to reflect that sexual contact with an intoxicated person is a strictly prohibited, terminable offense.
2.Insurance Audit: Contact your insurance broker to verify coverage for "Negligent Supervision" regarding sexual misconduct allegations.
3.Staff Training: Execute a specific training session on the "Summer Willis Act" standards before June 20, 2025.
4.Vendor Notification: Send formal notice to security and staffing vendors regarding the new law and your expectation of their compliance.
Operational Changes Required
Contracts
Vendor MSAs (Security & Staffing): Amend Master Services Agreements with third-party security and staffing firms. Include specific indemnification clauses for sexual misconduct committed by their personnel.
Employment Agreements: Update "Moral Turpitude" and "Code of Conduct" clauses. Ensure that an arrest under this expanded definition constitutes grounds for immediate suspension without pay and termination for cause.
Hiring/Training
"No Fraternization" Protocols: Hospitality businesses must update staff handbooks. Explicitly state that sexual contact with *any* patron who has consumed alcohol on-premises is a terminable offense, regardless of perceived consent.
Mandatory Training: Conduct staff training before June 20. Employees must understand that the "I didn't spike the drink" defense is void. If they know a person is intoxicated, they cannot legally obtain consent.
Chaperone Policies: Healthcare and caregiving entities must enforce "Two-Person Protocols" for examinations or care routines involving sedated or cognitively impaired patients.
Reporting & Record-Keeping
Incident Investigation Logs: Update internal investigation forms. If an allegation arises, you must document not only the alleged act but also the intoxication status of the accuser and the employee's knowledge of that status.
Refusal of Service Logs: In hospitality, rigorously document "cut-offs." This paper trail proves the business actively identifies intoxication, distinguishing corporate due diligence from rogue employee actions.
Fees & Costs
Insurance Premiums: Consult your broker immediately. General Liability (GL) and Employment Practices Liability (EPLI) policies often exclude criminal acts. You may need to purchase a specific "Sexual Misconduct" endorsement to cover defense costs against negligent supervision claims.
Strategic Ambiguities & Considerations
The statute defines the threshold as "intoxicated or impaired... to the extent that the other person is incapable of consenting."
The Risk: The law does not define a specific Blood Alcohol Content (BAC) for "incapacity." It is a subjective standard based on the actor's knowledge.
The Operational Stance: Because this will be litigated on a case-by-case basis, businesses must adopt a zero-tolerance policy. You must operate under the presumption that any visible impairment equals a total legal inability to consent.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
According to the Rape, Abuse & Incest National Network, based on 2012-2014 data from the FBI, out of every 1,000 instances of rape, approximately 13 cases are referred to prosecutors and 7 cases lead to a felony conviction. The bill author has informed the committee that a barrier to prosecution for rape is the statutory language regarding nonconsent for purposes of the offense of sexual assault, which does not provide a clear definition of nonconsensual conduct or address common victim responses to a sexual assault. Accordingly, the bill author has proposed changes to that language, which reflects recent policy recommendations of the Sexual Assault Survivors' Task Force in the Office of the Governor in its November 2024 Biennial Report to the Texas Legislature. C.S.H.B. 3073 aims to help prosecutors hold perpetrators of sexual assault accountable and protect victims in circumstances not expressly covered in statute by revising the language regarding the circumstances under which a sexual assault is considered to be without the consent of the other person to add certain circumstances, among other changes.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 3073 amends the Penal Code to revise the circumstances under which a sexual assault is considered to be without the consent of the other person for purposes of the conduct constituting the offense as follows:
·adds as a circumstance that the actor knows the other person has withdrawn consent to the act and the actor persists in the act;
·with respect to the circumstances in which the other person has not consented and the actor knows the other person is unconscious, physically unable to resist, or unaware that the sexual assault is occurring, removes the condition that the other person has not consented; and
·removes as a circumstance that the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge but adds as a circumstance that the actor knows or reasonably should know that the other person cannot consent because of intoxication or impairment by any substance.
C.S.H.B. 3073 defines "consent" by reference as assent in fact, whether express or apparent.
C.S.H.B. 3073 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3073 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Both the introduced and substitute revise the circumstances under which a sexual assault is considered to be without the consent of the other person, but the versions differ as follows:
·whereas the introduced added as a circumstance that the actor knows the other person is incapable of appraising the nature of the act or of resisting it, the substitute does not add this circumstance; and
·whereas the introduced removed as a circumstance that the actor knows that as a result of mental disease or defect the other person is at the time of the assault incapable either of appraising the nature of the act or of resisting it, the substitute does not remove this circumstance.
Whereas the introduced amended the Occupations Code to make a conforming change, the substitute does not.
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3073 by Howard (Relating to the prosecution of the offense of sexual assault.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend certain conduct constituting the offense of sexual assault to establish that an act of sexual assault is without a person's consent if the actor knows or reasonably should know that the person is temporarily incapacitated or otherwise unable to resist the act, unaware that the sexual assault is occurring, has withdrawn consent to the act, or intoxicated by any substance such that the person is incapable of consenting to the act.
While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, MGol, AMr, QH
Related Legislation
Explore more bills from this author and on related topics
HB3073 fundamentally expands criminal liability for sexual assault by removing the requirement that an actor must have administered an intoxicant to be liable; now, mere knowledge of a victim’s intoxication triggers felony liability. This creates immediate "negligent supervision" exposure for hospitality, healthcare, and education sectors, requiring businesses to strictly enforce non-fraternization policies to prevent employees from engaging with impaired patrons or patients. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect triggered by supermajority vote).
Q
Who authored HB3073?
HB3073 was authored by Texas Representative Donna Howard during the Regular Session.
Q
When was HB3073 signed into law?
HB3073 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3073?
HB3073 is enforced by Local Law Enforcement, District Attorneys and Criminal Courts.
Q
How urgent is compliance with HB3073?
The compliance urgency for HB3073 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3073?
The cost impact of HB3073 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3073 address?
HB3073 addresses topics including crimes, crimes--against persons, crimes--against persons--sexual, sexual assault and summer willis act.
Legislative data provided by LegiScanLast updated: November 25, 2025
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