Currently under consideration by the Texas Legislature. If this is going to be the policy of the State of Texas, why is it limited to colleges and universities rather than applying to everyone?
(b-1) Each postsecondary educational institution shall ensure the institution's sexual assault policy reflects the following principles regarding affirmative consent to engage in sexual activity:
(1) affirmative consent requires words or actions that clearly demonstrate a knowing and voluntary agreement to engage in sexual activity;
(2) a person's silence or the absence of the words "no" or "stop" is not sufficient to establish affirmative consent to engage in sexual activity;
(3) the requirement to obtain affirmative consent to engage in sexual activity applies to each student enrolled at the institution regardless of whether the sexual activity occurs on or off campus;
(4) each participant is responsible for obtaining affirmative consent and ensuring that the affirmative consent continues throughout the duration of the sexual activity;
(5) affirmative consent to engage in a sexual act or prior consensual sexual activity with any person does not constitute affirmative consent to engage in any other sexual act;
(6) affirmative consent may be withdrawn at any time;
(7) a person cannot affirmatively consent to engage in sexual activity if it is the result of any coercion, intimidation, force or threat of harm;
(8) a person cannot affirmatively consent to engage in sexual activity when the person is incapacitated or otherwise lacks the ability to knowingly choose to engage in the activity, regardless of whether the person is incapacitated due to any physical or mental condition, lack of consciousness, being asleep, being involuntarily restrained, being under the influence of drugs or alcohol to the level of incapacitation, or for any other reason; and
(9) an accused person will not be excused for believing the complainant affirmatively consented to engage in sexual activity if:
(b-1) Each postsecondary educational institution shall ensure the institution's sexual assault policy reflects the following principles regarding affirmative consent to engage in sexual activity:
(1) affirmative consent requires words or actions that clearly demonstrate a knowing and voluntary agreement to engage in sexual activity;
(2) a person's silence or the absence of the words "no" or "stop" is not sufficient to establish affirmative consent to engage in sexual activity;
(3) the requirement to obtain affirmative consent to engage in sexual activity applies to each student enrolled at the institution regardless of whether the sexual activity occurs on or off campus;
(4) each participant is responsible for obtaining affirmative consent and ensuring that the affirmative consent continues throughout the duration of the sexual activity;
(5) affirmative consent to engage in a sexual act or prior consensual sexual activity with any person does not constitute affirmative consent to engage in any other sexual act;
(6) affirmative consent may be withdrawn at any time;
(7) a person cannot affirmatively consent to engage in sexual activity if it is the result of any coercion, intimidation, force or threat of harm;
(8) a person cannot affirmatively consent to engage in sexual activity when the person is incapacitated or otherwise lacks the ability to knowingly choose to engage in the activity, regardless of whether the person is incapacitated due to any physical or mental condition, lack of consciousness, being asleep, being involuntarily restrained, being under the influence of drugs or alcohol to the level of incapacitation, or for any other reason; and
(9) an accused person will not be excused for believing the complainant affirmatively consented to engage in sexual activity if:
(A) the accused person knew or reasonably should have known that the complainant was incapacitated as described by Subdivision (7); or
(B) the accused believed that the complainant affirmatively consented to engage in the sexual activity and the belief is based upon:
(B) the accused believed that the complainant affirmatively consented to engage in the sexual activity and the belief is based upon:
(i) the accused's intoxication; or
(ii) the accused failing to take reasonable steps to ascertain whether the complainant affirmatively consented to engage in the sexual activity.
(ii) the accused failing to take reasonable steps to ascertain whether the complainant affirmatively consented to engage in the sexual activity.
