H.B. No. 1363
 
 
 
 
AN ACT
  relating to the prosecution of and punishment for the offense of
  prostitution; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 169.001(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this chapter, "first offender prostitution
  prevention program" means a program that has the following
  essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety, to
  reduce the demand for the commercial sex trade and trafficking of
  persons by educating offenders, and to protect the due process
  rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to information, counseling, and services
  relating to commercial sexual exploitation, trafficking of
  persons, sex addiction, sexually transmitted diseases, mental
  health, and substance abuse;
               (5)  a coordinated strategy to govern program responses
  to participant compliance;
               (6)  monitoring and evaluation of program goals and
  effectiveness;
               (7)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (8)  development of partnerships with public agencies
  and community organizations.
         SECTION 2.  Section 169.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A first offender prostitution prevention program
  established under this chapter must:
               (1)  ensure that a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow any participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide each participant with information,
  counseling, and services relating to commercial sexual
  exploitation, trafficking of persons, sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with classroom
  instruction related to the prevention of prostitution.
         SECTION 3.  Section 169A.001(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this chapter, "prostitution prevention program"
  means a program that has the following essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety, to
  reduce the demand for the commercial sex trade and trafficking of
  persons by educating offenders, and to protect the due process
  rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to information, counseling, and services
  relating to commercial sexual exploitation, trafficking of
  persons, sex addiction, sexually transmitted diseases, mental
  health, and substance abuse;
               (5)  a coordinated strategy to govern program responses
  to participant compliance;
               (6)  monitoring and evaluation of program goals and
  effectiveness;
               (7)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (8)  development of partnerships with public agencies
  and community organizations.
         SECTION 4.  Section 169A.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A prostitution prevention program established under
  this chapter must:
               (1)  ensure that a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow any participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide each participant with information,
  counseling, and services relating to commercial sexual
  exploitation, trafficking of persons, sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with instruction related
  to the prevention of prostitution.
         SECTION 5.  Chapter 32, Code of Criminal Procedure, is
  amended by adding Article 32.03 to read as follows:
         Art. 32.03.  DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At
  any time before trial commences for an offense under Section 43.02,
  Penal Code, a court may, on the request of the defendant and with
  the consent of the attorney representing the state, defer
  proceedings without entering an adjudication of guilt and permit
  the defendant to participate in a prostitution prevention program
  established under Chapter 169 or 169A, Health and Safety Code, if
  the defendant is otherwise eligible to participate in the program
  under the applicable chapter.  If the defendant successfully
  completes the prostitution prevention program, the court may
  dismiss the proceedings against the defendant and discharge the
  defendant.
         SECTION 6.  Section 43.02, Penal Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsections
  (b-1) and (c-1) to read as follows:
         (a)  A person commits an offense if, in return for receipt of
  a fee, the person knowingly:
               (1)  offers to engage, agrees to engage, or engages in
  sexual conduct [for a fee]; or
               (2)  solicits another in a public place to engage with
  the actor [person] in sexual conduct for hire.
         (b)  A person commits an offense if, based on the payment of a
  fee by the actor or another person on behalf of the actor, the
  person knowingly:
               (1)  offers to engage, agrees to engage, or engages in
  sexual conduct; or
               (2)  solicits another in a public place to engage with
  the actor in sexual conduct for hire.
         (b-1)  An offense is established under Subsection (a)
  regardless of [(a)(1)] whether the actor is offered or actually
  receives the [is to receive or pay a] fee.  An offense is
  established under Subsection (b) regardless of [(a)(2)] whether the
  actor or another person on behalf of the actor offers or actually
  pays the fee [solicits a person to hire the actor or offers to hire
  the person solicited].
         (c)  An offense under Subsection (a) [this section] is a
  Class B misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted three, four, or five [one or two] times of an offense
  under Subsection (a) [this section]; or
               (2)  a state jail felony if the actor has previously
  been convicted six [three] or more times of an offense under
  Subsection (a).
         
         (c-1)  An offense under Subsection (b) is a Class B
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under Subsection (b);
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under Subsection
  (b) [this section]; or
               (3)  a felony of the second degree if the person
  solicited is younger than 18 years of age, regardless of whether the
  actor knows the age of the person solicited at the time the actor
  commits the offense.
         (d)  It is a defense to prosecution for an offense under
  Subsection (a) [under this section] that the actor engaged in the
  conduct that constitutes the offense because the actor was the
  victim of conduct that constitutes an offense under Section 20A.02
  or 43.05.
         SECTION 7.  Section 51.03(b), Family Code, is amended to
  read as follows:
         (b)  Conduct indicating a need for supervision is:
               (1)  subject to Subsection (f), conduct, other than a
  traffic offense, that violates:
                     (A)  the penal laws of this state of the grade of
  misdemeanor that are punishable by fine only; or
                     (B)  the penal ordinances of any political
  subdivision of this state;
               (2)  the absence of a child on 10 or more days or parts
  of days within a six-month period in the same school year or on
  three or more days or parts of days within a four-week period from
  school;
               (3)  the voluntary absence of a child from the child's
  home without the consent of the child's parent or guardian for a
  substantial length of time or without intent to return;
               (4)  conduct prohibited by city ordinance or by state
  law involving the inhalation of the fumes or vapors of paint and
  other protective coatings or glue and other adhesives and the
  volatile chemicals itemized in Section 485.001, Health and Safety
  Code;
               (5)  an act that violates a school district's
  previously communicated written standards of student conduct for
  which the child has been expelled under Section 37.007(c),
  Education Code;
               (6)  conduct that violates a reasonable and lawful
  order of a court entered under Section 264.305;
               (7)  notwithstanding Subsection (a)(1), conduct
  described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
  Code; or
               (8)  notwithstanding Subsection (a)(1), conduct that
  violates Section 43.261, Penal Code.
         SECTION 8.  Section 261.001(1), Family Code, is amended to
  read as follows:
               (1)  "Abuse" includes the following acts or omissions
  by a person:
                     (A)  mental or emotional injury to a child that
  results in an observable and material impairment in the child's
  growth, development, or psychological functioning;
                     (B)  causing or permitting the child to be in a
  situation in which the child sustains a mental or emotional injury
  that results in an observable and material impairment in the
  child's growth, development, or psychological functioning;
                     (C)  physical injury that results in substantial
  harm to the child, or the genuine threat of substantial harm from
  physical injury to the child, including an injury that is at
  variance with the history or explanation given and excluding an
  accident or reasonable discipline by a parent, guardian, or
  managing or possessory conservator that does not expose the child
  to a substantial risk of harm;
                     (D)  failure to make a reasonable effort to
  prevent an action by another person that results in physical injury
  that results in substantial harm to the child;
                     (E)  sexual conduct harmful to a child's mental,
  emotional, or physical welfare, including conduct that constitutes
  the offense of continuous sexual abuse of young child or children
  under Section 21.02, Penal Code, indecency with a child under
  Section 21.11, Penal Code, sexual assault under Section 22.011,
  Penal Code, or aggravated sexual assault under Section 22.021,
  Penal Code;
                     (F)  failure to make a reasonable effort to
  prevent sexual conduct harmful to a child;
                     (G)  compelling or encouraging the child to engage
  in sexual conduct as defined by Section 43.01, Penal Code,
  including compelling or encouraging the child in a manner [conduct]
  that constitutes an offense of trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code, prostitution under Section
  43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
  under Section 43.05(a)(2), Penal Code;
                     (H)  causing, permitting, encouraging, engaging
  in, or allowing the photographing, filming, or depicting of the
  child if the person knew or should have known that the resulting
  photograph, film, or depiction of the child is obscene as defined by
  Section 43.21, Penal Code, or pornographic;
                     (I)  the current use by a person of a controlled
  substance as defined by Chapter 481, Health and Safety Code, in a
  manner or to the extent that the use results in physical, mental, or
  emotional injury to a child;
                     (J)  causing, expressly permitting, or
  encouraging a child to use a controlled substance as defined by
  Chapter 481, Health and Safety Code;
                     (K)  causing, permitting, encouraging, engaging
  in, or allowing a sexual performance by a child as defined by
  Section 43.25, Penal Code; or
                     (L)  knowingly causing, permitting, encouraging,
  engaging in, or allowing a child to be trafficked in a manner
  punishable as an offense under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, or the failure to make a reasonable effort to
  prevent a child from being trafficked in a manner punishable as an
  offense under any of those sections.
         SECTION 9.  Section 169.002(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commissioners court of a county or governing body of
  a municipality may establish a first offender prostitution
  prevention program for defendants charged with an offense under
  Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
  offered or agreed to hire a person to engage in sexual conduct].
         SECTION 10.  Section 169A.002(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commissioners court of a county or governing body of
  a municipality may establish a prostitution prevention program for
  defendants charged with an offense under Section 43.02(a)
  [43.02(a)(1)], Penal Code[, in which the defendant offered or
  agreed to engage in or engaged in sexual conduct for a fee].
         SECTION 11.  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 12.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1363 was passed by the House on May 6,
  2015, by the following vote:  Yeas 114, Nays 31, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1363 on May 28, 2015, by the following vote:  Yeas 145, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1363 was passed by the Senate, with
  amendments, on May 25, 2015, by the following vote:  Yeas 27, Nays
  4.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor