Bill Text: TX HB1122 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the trafficking of persons.

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Engrossed - Dead) 2011-05-16 - Referred to Criminal Justice [HB1122 Detail]

Download: Texas-2011-HB1122-Engrossed.html

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By: Weber, Gallego, Creighton, H.B. No. 1122
Martinez Fischer, Thompson, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20A.01, Penal Code, is amended to read as
follows:
Sec. 20A.01. DEFINITIONS. In this chapter:
(a) [(1)] "Forced labor or services" means labor or
services, excluding those defined in Subsection (c) and Subsection
(d), [including conduct that constitutes an offense under Section
43.02,] that are performed or provided by another person and
obtained through an actor's use of force, fraud, or coercion [:
[(A) causing or threatening to cause bodily
injury to the person or another person or otherwise causing the
person performing or providing labor or services to believe that
the person or another person will suffer bodily injury;
[(B) restraining or threatening to restrain the
person or another person in a manner described by Section 20.01(1)
or causing the person performing or providing labor or services to
believe that the person or another person will be restrained;
[(C) knowingly destroying, concealing, removing,
confiscating, or withholding from the person or another person, or
threatening to destroy, conceal, remove, confiscate, or withhold
from the person or another person, the person's actual or
purported:
[(i) government records;
[(ii) identifying information; or
[(iii) personal property;
[(D) threatening the person with abuse of the law
or the legal process in relation to the person or another person;
[(E) threatening to report the person or another
person to immigration officials or other law enforcement officials
or otherwise blackmailing or extorting the person or another
person;
[(F) exerting financial control over the person
or another person by placing the person or another person under the
actor's control as security for a debt to the extent that:
[(i) the value of the services provided by
the person or another person as reasonably assessed is not applied
toward the liquidation of the debt;
[(ii) the duration of the services provided
by the person or another person is not limited and the nature of the
services provided by the person or another person is not defined; or
[(iii) the principal amount of the debt
does not reasonably reflect the value of the items or services for
which the debt was incurred; or
[(G) using any scheme, plan, or pattern intended
to cause the person to believe that the person or another person
will be subjected to serious harm or restraint if the person does
not perform or provide the labor or services].
(b) [(2)] "Traffic" means to transport, entice, recruit,
harbor, provide, or otherwise obtain another person by any means.
(c) "Sexual services" means conduct that is obtained
through an actor's use of force, fraud, or coercion and which
constitutes an offense under the following sections of the Penal
Code:
(1) Section 43.02 (Prostitution);
(2) Section 43.03 (Promotion of Prostitution);
(3) Section 43.04 (Aggravated Promotion of
Prostitution); or
(4) Section 43.05 (Compelling Prostitution).
(d) "Sexual services of a child" means conduct that
constitutes an offense under the following sections of the Penal
Code regardless of whether the actor knows the age of the child at
the time the actor commits the offense and regardless of whether the
actor uses force, fraud, or coercion in the commission of the
offense:
(1) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(2) Section 21.11 (Indecency with a Child);
(3) Section 22.011 (Sexual Assault);
(4) Section 22.021 (Aggravated Sexual Assault);
(5) Section 43.02 (Prostitution);
(6) Section 43.03 (Promotion of Prostitution);
(7) Section 43.04 (Aggravated Promotion of
Prostitution);
(8) Section 43.05 (Compelling Prostitution);
(9) Section 43.25 (Sexual Performance by a Child);
(10) Section 43.251 (Employment Harmful to Children);
or
(11) Section 43.26 (Possession or Promotion of Child
Pornography)
.
(e) "Child" means a person younger than 18 years of age.
SECTION 2. Section 20A.02, Penal Code, is amended to read as
follows:
Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits
an offense if the person knowingly:
(1) traffics another person with the intent or
knowledge that the trafficked person [will] engage in forced labor
or services; or
(2) benefits from participating in a venture that
involves an activity described by Subdivision (1), including by
receiving labor or services the person knows are forced labor or
services.
(b) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in sexual services; or
(2) benefits from participating in a venture that
involves an activity described by Subdivision (1), including by
receiving services the person knows are sexual services.
(c) A person commits an offense if the person knowingly:
(1) traffics a child with the intent that the
trafficked child engage in forced labor or services; or
(2) benefits from participating in a venture that
involves an activity described by Subdivision (1), including by
receiving labor or services the person knows are forced labor or
services.
(d) A person commits an offense if the person knowingly:
(1) traffics a child with the intent that the
trafficked child engage in sexual services; or
(2) benefits from participating in a venture that
involves an activity described by Subdivision (1), including by
receiving services the person knows are sexual services of a child.
(e) [(b)] Except as otherwise provided by this subsection,
an offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (c) or Subsection (d) [Section 43.05 or 43.25 and
the person who is trafficked is a child younger than 18 years of age
at the time of the offense, regardless of whether the actor knows
the age of the child at the time the actor commits the offense]; or
(2) the commission of the offense results in the death
of the person who is trafficked.
(f) [(c)] If conduct constituting an offense under this
section also constitutes an offense under another section of this
code, the actor may be prosecuted under either section or under both
sections.
SECTION 3. Section 33.013(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Notwithstanding Subsection (a), each liable defendant
is, in addition to his liability under Subsection (a), jointly and
severally liable for the damages recoverable by the claimant under
Section 33.012 with respect to a cause of action if:
(1) the percentage of responsibility attributed to the
defendant with respect to a cause of action is greater than 50
percent; or
(2) the defendant, with the specific intent to do harm
to others, acted in concert with another person to engage in the
conduct described in the following provisions of the Penal Code and
in so doing proximately caused the damages legally recoverable by
the claimant:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping);
(D) Section 22.02 (aggravated assault);
(E) Section 22.011 (sexual assault);
(F) Section 22.021 (aggravated sexual assault);
(G) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(H) Section 32.21 (forgery);
(I) Section 32.43 (commercial bribery);
(J) Section 32.45 (misapplication of fiduciary
property or property of financial institution);
(K) Section 32.46 (securing execution of
document by deception);
(L) Section 32.47 (fraudulent destruction,
removal, or concealment of writing);
(M) conduct described in Chapter 31 the
punishment level for which is a felony of the third degree or
higher; [or]
(N) Section 21.02 (continuous sexual abuse of
young child or children);
(O) Section 43.05 (compelling prostitution); or
(P) Section 20A.02 (trafficking of persons).
SECTION 4. Section 98.002(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A defendant who engages in the trafficking of persons,
[or] who intentionally or knowingly receives a benefit [benefits]
from participating in a venture that traffics another person, or
who is criminally responsible under Section 7.02, Penal Code, for
the conduct of another person who engages in the conduct described
by this section is liable to the person trafficked, as provided by
this chapter, for damages arising from the trafficking of that
person by, as applicable, the defendant, the [or] venture, or the
other person for whose conduct the defendant is criminally
responsible.
SECTION 5. Section 98.005, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who
engages in the trafficking of persons, [or] who intentionally or
knowingly receives a benefit [benefits] from participating in a
venture that traffics another person, or who is criminally
responsible under Section 7.02, Penal Code, for the conduct of
another person who engages in the conduct described by this section
and who is found liable under this chapter or other law for any
amount of damages arising from the trafficking is jointly liable
with any other defendant for the entire amount of damages arising
from the trafficking.
SECTION 6. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code; [or]
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) compelling prostitution under Section
43.05(a)(2); or
(H) trafficking of persons under Section
20A.02(d), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1); [or]
(F) arson;
(G) trafficking of persons under Sections
20A.02(a) and (b), Penal Code; or
(H) compelling prostitution, Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code; or
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code;
(B) compelling prostitution under Section
43.05(a)(2), Penal Code; or
(C) trafficking of persons under Section
20A.02(c), Penal Code; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 7. Article 17.03(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.021 (Aggravated Sexual Assault);
(D) Section 43.05(a)(2) (Compelling
Prostitution) [22.03 (Deadly Assault on Law Enforcement or
Corrections Officer, Member or Employee of Board of Pardons and
Paroles, or Court Participant)];
(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(F) Section 29.03 (Aggravated Robbery);
(G) Section 30.02 (Burglary);
(H) Section 71.02 (Engaging in Organized
Criminal Activity); [or]
(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children); or
(J) Section 20A.02(d) (Trafficking of Persons);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
SECTION 8. Article 18.021(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A search warrant may be issued to search for and
photograph a child who is alleged to be the victim of any of the
following offenses under the Penal Code:
(1) [of] injury to a child as prohibited by Section
22.04;
(2) [, Penal Code;] sexual assault of a child as
prohibited by Section 22.011(a);
(3) [, Penal Code;] aggravated sexual assault of a
child as prohibited by Section 22.021;
(4) [, Penal Code; or] continuous sexual abuse of
young child or children as prohibited by Section 21.02;
(5) compelling prostitution as prohibited by Section
43.05(a)(2); or
(6) trafficking of persons as prohibited by Section
20A.02(d), Penal Code.
SECTION 9. Section 33.009, Family Code, is amended to read
as follows:
Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. (a)
This section applies only to conduct that violates one or more of
the following sections of the Penal Code:
(1) Section 20A.02(d), Penal Code;
(2) Section 21.02;
(3) Section 22.011;
(4) Section 22.021; or
(5) Section 25.02.
(b) If a [A] court or the guardian ad litem or attorney ad
litem for the minor [shall report conduct] reasonably believes
[believed to violate Section 21.02, 22.011, 22.021, or 25.02, Penal
Code], based on information obtained during a confidential court
proceeding held under this chapter, that a person has engaged in
conduct described by Subsection (a), the court or the guardian ad
litem or attorney ad litem shall report the conduct to:
(1) any local or state law enforcement agency;
(2) the Department of Family and Protective Services,
if the alleged conduct involves a person responsible for the care,
custody, or welfare of the child;
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged conduct
occurred, if the alleged conduct occurred in a facility operated,
licensed, certified, or registered by a state agency; or
(4) an appropriate agency designated by the court.
SECTION 10. Section 33.010, Family Code, is amended to read
as follows:
Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
law, information obtained by the Department of Family and
Protective Services or another entity under Section 33.008 or
33.009 is confidential except to the extent necessary to prove a
violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
or a violation of Section 20A.02(d), Penal Code.
SECTION 11. Section 161.001, Family Code, is amended to
read as follows:
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code or adjudicated under Title 3 for conduct that caused the death
or serious injury of a child and that would constitute a violation
of one of the following Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child);
(xiii) Section 43.26 (possession or
promotion of child pornography); [and]
(xiv) Section 21.02 (continuous sexual
abuse of young child or children);
(xv) Section 43.05(a)(2) (compelling
prostitution);
(xvi) Section 43.02 (prostitution); and
(xvii) Section 20A.02(d) (trafficking of
persons);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency has
made reasonable efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription, as defined
by Section 261.001;
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; or
(T) been convicted of:
(i) the murder of the other parent of the
child under Section 19.02 or 19.03, Penal Code, or under a law of
another state, federal law, the law of a foreign country, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
19.02 or 19.03, Penal Code;
(ii) criminal attempt under Section 15.01,
Penal Code, or under a law of another state, federal law, the law of
a foreign country, or the Uniform Code of Military Justice that
contains elements that are substantially similar to the elements of
an offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i); or
(iii) criminal solicitation under Section
15.03, Penal Code, or under a law of another state, federal law, the
law of a foreign country, or the Uniform Code of Military Justice
that contains elements that are substantially similar to the
elements of an offense under Section 15.03, Penal Code, of the
offense described by Subparagraph (i); and
(2) that termination is in the best interest of the
child.
SECTION 12. Section 262.2015(b), Family Code, is amended to
read as follows:
(b) The court may find under Subsection (a) that a parent
has subjected the child to aggravated circumstances if:
(1) the parent abandoned the child without
identification or a means for identifying the child;
(2) the child is a victim of serious bodily injury or
sexual abuse inflicted by the parent or by another person with the
parent's consent;
(3) the parent has engaged in conduct against the
child that would constitute an offense under the following
provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.011 (sexual assault);
(F) Section 22.02 (aggravated assault);
(G) Section 22.021 (aggravated sexual assault);
(H) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(I) Section 22.041 (abandoning or endangering
child);
(J) Section 25.02 (prohibited sexual conduct);
(K) Section 43.25 (sexual performance by a
child);
(L) Section 43.26 (possession or promotion of
child pornography); [or]
(M) Section 21.02 (continuous sexual abuse of
young child or children);
(N) Section 43.02 (prostitution);
(O) Section 43.05(a)(2) (compelling
prostitution); or
(P) Section 20A.02(d) (trafficking of persons);
(4) the parent voluntarily left the child alone or in
the possession of another person not the parent of the child for at
least six months without expressing an intent to return and without
providing adequate support for the child;
(5) the parent's parental rights with regard to
another child have been involuntarily terminated based on a finding
that the parent's conduct violated Section 161.001(1)(D) or (E) or
a substantially equivalent provision of another state's law;
(6) the parent has been convicted for:
(A) the murder of another child of the parent and
the offense would have been an offense under 18 U.S.C. Section
1111(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(B) the voluntary manslaughter of another child
of the parent and the offense would have been an offense under 18
U.S.C. Section 1112(a) if the offense had occurred in the special
maritime or territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Subdivision (A) or (B); or
(D) the felony assault of the child or another
child of the parent that resulted in serious bodily injury to the
child or another child of the parent; or
(7) the parent's parental rights with regard to two
other children have been involuntarily terminated.
SECTION 13. Section 23.101(a), Government Code, is amended
to read as follows:
(a) The trial courts of this state shall regularly and
frequently set hearings and trials of pending matters, giving
preference to hearings and trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code; [or]
(v) Section 43.25, Penal Code;
(vi) Section 43.05(a)(2), Penal Code; or
(vii) Section 20A.02(d), Penal Code; and
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 14. Section 411.1471(a), Government Code, is
amended to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26; [or]
(J) Section 21.02;
(K) Section 43.05(a)(2); or
(L) Section 20A.02(d), Penal Code;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense under Section 21.07 or
21.08, Penal Code.
SECTION 15. Section 25.026, Tax Code, is amended to read as
follows:
Sec. 25.026. CONFIDENTIALITY OF CERTAIN [VIOLENCE] SHELTER
CENTER AND SEXUAL ASSAULT PROGRAM ADDRESS INFORMATION. (a) In
this section:
(1) "Family violence shelter center" has the meaning
assigned by Section 51.002, Human Resources Code.
(2) "Sexual assault program" has the meaning assigned
by Section 420.003, Government Code.
(3) "Victims of trafficking shelter center" means a
program that:
(A) is operated by a public or private nonprofit
organization; and
(B) provides comprehensive residential and
nonresidential services to victims of trafficking of persons under
Section 20A.02, Penal Code.
(b) Information in appraisal records under Section 25.02 is
confidential and is available only for the official use of the
appraisal district, this state, the comptroller, and taxing units
and political subdivisions of this state if the information
identifies the address of a family violence shelter center, [or] a
sexual assault program, or a victims of trafficking shelter center.
SECTION 16. The change in law made by this Act applies 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 17. This Act takes effect September 1, 2011.