New Texas Consent Law, the Summer Willis Act, Takes Effect Fall 2025

Texas has recently overhauled its consent laws through the passage of House Bill 3073, now known as “the Summer Willis Act,” which is set to take effect this fall.

The bipartisan measure, authored by Rep. Donna Howard, D-Austin, and carried in the Senate by Sen. Angela Paxton, R-McKinney, passed the House 135-2 and the Senate 31-0 before reaching the governor’s desk.

This legislation was introduced to address gaps in the legal framework concerning sexual assault, particularly in situations involving intoxication or impairment.

Who is Summer Willis?

Summer Willis, a former University of Texas student-athlete, was drugged and sexually assaulted at a fraternity party in 2014. At the time, her case was not prosecutable due to legal loopholes in Texas law, as it did not clearly define consent in cases involving intoxication.

Willis channeled her trauma into advocacy. She founded the nonprofit Strength Through Strides and pledged to run 29 marathons before turning 30, symbolizing the weight survivors carry.

Her advocacy contributed to the passage of the "Summer Willis Act."

How was consent defined in Texas before the Summer Willis Act?

Before the new law, several legal loopholes did not benefit sexual assault victims. Prosecutors argued that under the state's previous law, Willis's acceptance of a drink and the lack of premeditation by the assailant meant that the incident did not qualify as sexual assault.

The new Texas law establishes a definition of consent within the Penal Code and expands protections for individuals who are incapacitated due to alcohol or other substances.

"The loophole my rape fell under was because I voluntarily accepted a drink from one person and another person raped me," Willis said in a PBS interview. "It doesn't count, one, because I voluntarily took a drink and two, because that person, when I entered the party, did not have the intent to rape me, even though someone else did."

How does the new law define consent in Texas?

The Summer Willis Act amends the Texas Penal Code to provide a clearer and more comprehensive definition of consent. Here’s what this includes:

• Affirmative definition of consent: Consent is now defined as a clear, voluntary, and ongoing agreement to engage in sexual activity.
• Withdrawal of consent: Continuing sexual activity after consent has been withdrawn is explicitly classified as sexual assault.
• Incapacitation due to substances: The law specifies that sexual activity is without consent if the actor knows or reasonably should know that the other person cannot consent due to intoxication or impairment, regardless of how the impairment occurred.

When does the Summer Willis Act take effect in Texas?

The Summer Willis Act in Texas takes effect on Sept. 1, 2025.