Bill Text: TX HB1540 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB1540 Detail]

Download: Texas-2021-HB1540-Enrolled.html

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H.B. No. 1540

AN ACT
relating to regulation of certain facilities and establishments
with respect to, civil remedies for certain criminal activities
affecting, and certain criminal offenses involving health, safety,
and welfare; creating a criminal offense; increasing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.44(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission shall deny an application for a permit or
license for any location of an applicant who submitted a prior
application that expired or was voluntarily surrendered before the
hearing on the application was held on a protest involving
allegations of prostitution, a shooting, stabbing, or other violent
act, or an offense involving drugs, [or] trafficking of persons, or
drink solicitation as described by Section 104.01 before the third
anniversary of the date the prior application expired or was
voluntarily surrendered.
SECTION 2. Section 11.46(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The commission shall deny for a period of one year after
cancellation an application for a mixed beverage permit or private
club registration permit for a premises where a license or permit
has been canceled during the preceding 12 months as a result of:
(1) a shooting, stabbing, or other violent act;[,] or
(2) [as a result of] an offense involving drugs,
prostitution, [or] trafficking of persons, or drink solicitation as
described by Section 104.01.
SECTION 3. Section 61.42(c), Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
(c) The commission shall deny for a period of one year an
application for a retail dealer's on-premise license or a wine and
malt beverage retailer's permit for a premises where a license or
permit has been canceled during the preceding 12 months as a result
of:
(1) a shooting, stabbing, or other violent act; [,] or
(2) [as a result of] an offense involving drugs,
prostitution, [or] trafficking of persons, or drink solicitation as
described by Section 104.01.
SECTION 4. Chapter 98, Civil Practice and Remedies Code, is
amended by adding Section 98.007 to read as follows:
Sec. 98.007. CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a)
In this section, "confidential identity" means:
(1) the use of a pseudonym; and
(2) the absence of any other identifying information,
including address, telephone number, and social security number.
(b) Except as otherwise provided by this section, in an
action under this chapter, the court shall:
(1) make it known to the claimant as early as possible
in the proceedings of the action that the claimant may use a
confidential identity in relation to the action;
(2) allow a claimant to use a confidential identity in
all petitions, filings, and other documents presented to the court;
(3) use the confidential identity in all of the court's
proceedings and records relating to the action, including any
appellate proceedings; and
(4) maintain the records relating to the action in a
manner that protects the confidentiality of the claimant.
(c) In an action under this chapter, only the following
persons are entitled to know the true identifying information about
the claimant:
(1) the judge;
(2) a party to the action;
(3) the attorney representing a party to the action;
and
(4) a person authorized by a written order of a court
specific to that person.
(d) The court shall order that a person entitled to know the
true identifying information under Subsection (c) may not divulge
that information to anyone without a written order of the court. A
court shall hold a person who violates the order in contempt.
(e) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
(f) A claimant is not required to use a confidential
identity as provided by this section.
SECTION 5. Section 125.0017, Civil Practice and Remedies
Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
Legislature, Regular Session, 2017, is amended to read as follows:
Sec. 125.0017. NOTICE BY LAW ENFORCEMENT OF [ARREST FOR]
CERTAIN ACTIVITIES. If a law enforcement agency has reason to
believe [makes an arrest related to] an activity described by
Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at
property leased to a person operating a massage establishment as
defined by Section 455.001, Occupations Code, [not later than the
seventh day after the date of the arrest,] the law enforcement
agency may [shall] provide written notice by certified mail to each
person maintaining the property of the alleged activity [arrest].
SECTION 6. Section 125.0025(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Except as provided by Section 125.005 [125.003(d)], on a
finding that a web address or computer network is a common nuisance,
the sole remedy available is a judicial finding issued to the
attorney general.
SECTION 7. Sections 125.004(a-1) and (a-2), Civil Practice
and Remedies Code, are amended to read as follows:
(a-1) Proof in the form of a person's arrest or the
testimony of a law enforcement agent that an activity described by
Section 125.0015(a)(6) or (7) is committed at a place licensed as a
massage establishment under Chapter 455, Occupations Code, or
advertised as offering massage therapy or massage services, after
notice [of an arrest] was provided to the defendant in accordance
with Section 125.0017, is prima facie evidence that the defendant:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate the
activity.
(a-2) Proof that an activity described by Section
125.0015(a)(18) is committed at a place maintained by the
defendant, after notice [of an arrest] was provided to the
defendant in accordance with Section 125.0017, is prima facie
evidence that the defendant:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate the
activity.
SECTION 8. Section 125.004(a-3), Civil Practice and
Remedies Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
Legislature, Regular Session, 2017, is amended to read as follows:
(a-3) For purposes of Subsections (a-1) and (a-2), notice is
considered to be provided to the defendant the earlier of:
(1) seven days after the postmark date of the notice
provided under Section 125.0017; or
(2) the date the defendant actually received notice
under Section 125.0017.
SECTION 9. Subchapter A, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.005 to read as
follows:
Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER
CHAPTER. In an action brought under this chapter, the court may
award a prevailing party reasonable attorney's fees in addition to
costs incurred in bringing the action. In determining the amount of
attorney's fees, the court shall consider:
(1) the time and labor involved;
(2) the novelty and difficulty of the questions;
(3) the expertise, reputation, and ability of the
attorney; and
(4) any other factor considered relevant by the court.
SECTION 10. Section 125.070(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) A district, county, or city attorney or the attorney
general may sue for money damages on behalf of the state or a
governmental entity. If the state or a governmental entity
prevails in a suit under this section, the state or governmental
entity may recover:
(1) actual damages;
(2) a civil penalty in an amount not to exceed $20,000
for each violation; and
(3) court costs and attorney's fees in accordance with
Section 125.005.
SECTION 11. Section 140A.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise
commits racketeering if, for financial gain, the person or
enterprise commits an offense under Chapter 20A, Penal Code
(trafficking of persons)[, and the offense or an element of the
offense:
[(1) occurs in more than one county in this state; or
[(2) is facilitated by the use of United States mail,
e-mail, telephone, facsimile, or a wireless communication from one
county in this state to another].
SECTION 12. Section 140A.102(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Following a final determination of liability under this
chapter, the court may issue an appropriate order, including an
order that:
(1) requires a person to divest any direct or indirect
interest in an enterprise;
(2) imposes reasonable restrictions on the future
activities or investments of a person that affect the laws of this
state, including prohibiting a person from engaging in the type of
endeavor or enterprise that gave rise to the racketeering offense,
to the extent permitted by the constitutions of this state and the
United States;
(3) requires the dissolution or reorganization of an
enterprise involved in the suit;
(4) orders the recovery of reasonable fees, expenses,
and costs incurred in obtaining injunctive relief or civil remedies
or in conducting investigations under this chapter, including court
costs, investigation costs, attorney's fees, witness fees, and
deposition fees;
(5) orders payment to the state of an amount equal to:
(A) the gain acquired or maintained through
racketeering; or
(B) the amount for which a person is liable under
this chapter;
(6) orders payment to the state of a civil penalty by a
person or enterprise found liable for racketeering, in an amount
not to exceed $250,000 for each separately alleged and proven act of
racketeering;
(7) orders payment of damages to the state for
racketeering shown to have materially damaged the state; and [or]
(8) orders that property attached under Chapter 61 be
used to satisfy an award of the court, including damages,
penalties, costs, and fees.
SECTION 13. Section 140A.104(d), Civil Practice and
Remedies Code, is amended to read as follows:
(d) An enterprise may not be held liable under this chapter
based on the conduct of a person [an agent] unless the finder of
fact finds by a preponderance of the evidence that a director or
high managerial agent performed, authorized, requested, commanded,
participated in, ratified, or recklessly tolerated the unlawful
conduct of the person [agent].
SECTION 14. Articles 42A.453(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In this article, "playground," "premises," "school,"
"video arcade facility," and "youth center" have the meanings
assigned by Section 481.134, Health and Safety Code, and "general
residential operation" has the meaning assigned by Section 42.002,
Human Resources Code.
(c) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:
(1) not:
(A) supervise or participate in any program that:
(i) includes as participants or recipients
persons who are 17 years of age or younger; and
(ii) regularly provides athletic, civic, or
cultural activities; or
(B) go in, on, or within 1,000 feet of a premises
where children commonly gather, including a school, day-care
facility, playground, public or private youth center, public
swimming pool, [or] video arcade facility, or general residential
operation operating as a residential treatment center; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization that provides sex
offender treatment or counseling as specified or approved by the
judge or the defendant's supervision officer.
SECTION 15. Subchapter B, Chapter 301, Government Code, is
amended by adding Section 301.0221 to read as follows:
Sec. 301.0221. USE OF PSEUDONYM BY VICTIMS OF HUMAN
TRAFFICKING. (a) Each legislative committee shall allow a witness
who is the victim of an offense under Section 20A.02 or 20A.03,
Penal Code, to give testimony to the committee relating to the
witness's experience as a victim of trafficking of persons using a
pseudonym instead of the witness's name.
(b) The name of a witness who uses a pseudonym authorized by
Subsection (a) is confidential and may not be included in any public
records of the committee.
SECTION 16. Section 481.134(a), Health and Safety Code, is
amended by adding Subdivision (8) to read as follows:
(8) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
SECTION 17. Sections 481.134(b), (c), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
punishable as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; [or]
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
years and the maximum fine for the offense is doubled if it is shown
on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(3) is a felony of the third degree if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
jail felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
A misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 18. Section 42.002, Human Resources Code, is
amended by adding Subdivision (25) to read as follows:
(25) "Grounds" means, with regard to property, the
real property, whether fenced or unfenced, of the parcel of land on
which is located any appurtenant building, structure, or other
improvement, including a public or private driveway, street,
sidewalk or walkway, parking lot, and parking garage on the
property.
SECTION 19. Sections 42.042(e), (g), and (g-2), Human
Resources Code, are amended to read as follows:
(e) The executive commissioner shall promulgate minimum
standards that apply to licensed child-care facilities and to
registered family homes covered by this chapter and that will:
(1) promote the health, safety, and welfare of
children attending a facility or registered family home;
(2) promote safe, comfortable, and healthy physical
facilities and registered family homes for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) prohibit racial discrimination by child-care
facilities and registered family homes;
(6) require procedures for parental and guardian
consultation in the formulation of children's educational and
therapeutic programs;
(7) prevent the breakdown of foster care and adoptive
placement; [and]
(8) ensure that a child-care facility or registered
family home:
(A) follows the directions of a child's physician
or other health care provider in providing specialized medical
assistance required by the child; and
(B) maintains for a reasonable time a copy of any
directions from the physician or provider that the parent provides
to the facility or home; and
(9) ensure that a child's health, safety, and welfare
are adequately protected on the grounds of a child-care facility or
registered family home.
(g) In promulgating minimum standards the executive
commissioner may recognize and treat differently the types of
services provided by and the grounds appurtenant to the following:
(1) listed family homes;
(2) registered family homes;
(3) child-care facilities, including general
residential operations, cottage home operations, specialized
child-care homes, group day-care homes, and day-care centers;
(4) child-placing agencies;
(5) agency foster homes;
(6) continuum-of-care residential operations;
(7) before-school or after-school programs; and
(8) school-age programs.
(g-2) The executive commissioner by rule shall adopt
minimum standards that apply to general residential operations that
provide comprehensive residential and nonresidential services to
persons who are victims of trafficking under Section 20A.02, Penal
Code. In adopting the minimum standards under this subsection, the
executive commissioner shall consider:
(1) the special circumstances, [and] needs, and
precautions required of victims of trafficking of persons; [and]
(2) the role of the general residential operations in
assisting, [and] supporting, and protecting victims of trafficking
of persons; and
(3) the vulnerability of victims of trafficking of
persons on the grounds of a general residential operation operating
as a residential treatment center.
SECTION 20. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.068 to read as follows:
Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE;
CRIMINAL PENALTY. (a) Each general residential operation
operating as a residential treatment center shall post "No
Trespassing" notices on the grounds of the general residential
operation in the following locations:
(1) parallel to and along the exterior boundaries of
the general residential operation's grounds;
(2) at each roadway or other way of access to the
grounds;
(3) for grounds not fenced, at least every five
hundred feet along the exterior boundaries of the grounds;
(4) at each entrance to the grounds; and
(5) at conspicuous places reasonably likely to be
viewed by intruders.
(b) Each "No Trespassing" notice posted on the grounds of a
general residential operation operating as a residential treatment
center must:
(1) state that entry to the property is forbidden;
(2) include a description of the provisions of
Section 30.05, Penal Code, including the penalties for violating
Section 30.05, Penal Code;
(3) include the name and address of the person under
whose authority the notice is posted;
(4) be written in English and Spanish; and
(5) be at least 8-1/2 by 11 inches in size.
(c) The executive commissioner by rule shall determine and
prescribe the requirements regarding the placement, installation,
design, size, wording, and maintenance procedures for the "No
Trespassing" notices.
(d) The commission shall provide without charge to each
general residential operation operating as a residential treatment
center the number of "No Trespassing" notices required to comply
with this section and rules adopted under this section.
(e) A person who operates a general residential operation
operating as a residential treatment center commits an offense if
the commission provides "No Trespassing" notices to the facility
and the person fails to display the "No Trespassing" notices on the
operation's grounds as required by this section before the end of
the 30th business day after the date the operation receives the
notices. An offense under this subsection is a Class C misdemeanor.
SECTION 21. Section 20A.01, Penal Code, is amended by
adding Subdivisions (1-a), (2-a), and (2-b) to read as follows:
(1-a) "Coercion" as defined by Section 1.07 includes:
(A) destroying, concealing, confiscating, or
withholding from a trafficked person, or threatening to destroy,
conceal, confiscate, or withhold from a trafficked person, the
person's actual or purported:
(i) government records; or
(ii) identifying information or documents;
(B) causing a trafficked person, without the
person's consent, to become intoxicated, as defined by Section
49.01, to a degree that impairs the person's ability to appraise the
nature of or resist engaging in any conduct, including performing
or providing labor or services; or
(C) withholding alcohol or a controlled
substance to a degree that impairs the ability of a trafficked
person with a chemical dependency, as defined by Section 462.001,
Health and Safety Code, to appraise the nature of or resist engaging
in any conduct, including performing or providing labor or
services.
(2-a) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-b) "School" means a public or private primary or
secondary school.
SECTION 22. Sections 20A.02, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) receives a benefit 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;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child with the intent that the
trafficked child engage in forced labor or services;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child and by any means causes the
trafficked child to engage in, or become the victim of, conduct
prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of
Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child trafficked in the manner described in
Subdivision (7).
(b) Except as otherwise provided by this subsection and
Subsection (b-1), 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 (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; [or]
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked; or
(4) the actor recruited, enticed, or obtained the
victim of the offense from a shelter or facility operating as a
residential treatment center that serves runaway youth, foster
children, the homeless, or persons subjected to human trafficking,
domestic violence, or sexual assault.
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years if it is shown on the trial of the offense that
the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 23. Section 30.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person enters or
remains on or in property of another, including residential land,
agricultural land, a recreational vehicle park, a building, a
general residential operation operating as a residential treatment
center, or an aircraft or other vehicle, without effective consent
and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
SECTION 24. Section 30.05(b), Penal Code, is amended by
adding Subdivision (13) to read as follows:
(13) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
SECTION 25. Section 30.05(d), Penal Code, is amended to
read as follows:
(d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility;
(B) the offense is committed on or in property of
an institution of higher education and it is shown on the trial of
the offense that the person has previously been convicted of:
(i) an offense under this section relating
to entering or remaining on or in property of an institution of
higher education; or
(ii) an offense under Section 51.204(b)(1),
Education Code, relating to trespassing on the grounds of an
institution of higher education; [or]
(C) the person carries a deadly weapon during the
commission of the offense; or
(D) the offense is committed on the property of
or within a general residential operation operating as a
residential treatment center.
SECTION 26. Section 71.028(a), Penal Code, is amended to
read as follows:
(a) In this section:
(1) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
(2) "Institution of higher education," "playground,"
"premises," "school," "video arcade facility," and "youth center"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(3) [(2)] "Shopping mall" means an enclosed public
walkway or hall area that connects retail, service, or professional
establishments.
SECTION 27. Section 71.028(c), Penal Code, is amended to
read as follows:
(c) Except as provided by Subsection (d), the punishment
prescribed for an offense described by Subsection (b) is increased
to the punishment prescribed for the next highest category of
offense if the actor is 17 years of age or older and it is shown
beyond a reasonable doubt on the trial of the offense that the actor
committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or
leased by a school or school board;
(B) premises owned, rented, or leased by an
institution of higher education;
(C) premises of a public or private youth center;
[or]
(D) playground; or
(E) general residential operation operating as a
residential treatment center;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
SECTION 28. Chapter 43, Penal Code, is amended by adding
Section 43.021, and a heading is added to that section to read as
follows:
Sec. 43.021. SOLICITATION OF PROSTITUTION.
SECTION 29. Sections 43.02(b) and (c-1), Penal Code, are
transferred to Section 43.021, Penal Code, as added by this Act,
redesignated as Sections 43.021(a) and (b), Penal Code,
respectively, and amended to read as follows:
(a) [(b)] A person commits an offense if the person
knowingly offers or agrees to pay a fee to another person for the
purpose of engaging in sexual conduct with that person or another.
(b) [(c-1)] An offense under Subsection (a) [(b)] is a state
jail felony [Class A misdemeanor], except that the offense is:
(1) a [state jail] felony of the third degree if the
actor has previously been convicted of an offense under Subsection
(a) or under Section 43.02(b), as that law existed before September
1, 2021 [(b)]; or
(2) a felony of the second degree if the person with
whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 30. Section 43.021, Penal Code, as added by this
Act, is amended by adding Subsection (c) to read as follows:
(c) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and that subchapter. For purposes of
enhancement of penalties under this section or Subchapter D,
Chapter 12, a defendant is considered to have been previously
convicted of an offense under this section or under Section
43.02(b), as that law existed before September 1, 2021, if the
defendant was adjudged guilty of the offense or entered a plea of
guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision.
SECTION 31. Section 25.06(a), Alcoholic Beverage Code, as
effective September 1, 2021, is amended to read as follows:
(a) The commission shall deny an original application for a
wine and malt beverage retailer's permit if the commission finds
that the applicant, or the applicant's spouse, during the five
years immediately preceding the application, was finally convicted
of a felony or one of the following offenses:
(1) prostitution or solicitation of prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code, or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
SECTION 32. Section 69.06(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission shall deny an original application for a
retail dealer's on-premise license if the commission finds that the
applicant or the applicant's spouse, during the five years
immediately preceding the application, was finally convicted of a
felony or one of the following offenses:
(1) prostitution or solicitation of prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in the Texas Controlled Substances Act, including an
offense involving a synthetic cannabinoid, or an offense involving
other dangerous drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
SECTION 33. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution as described by Section 43.02, Penal
Code, solicitation of prostitution as described by Section 43.021,
Penal Code, promotion of prostitution as described by Section
43.03, Penal Code, or aggravated promotion of prostitution as
described by Section 43.04, [prohibited by the] Penal Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing a minor at a sexually oriented business
as defined by Section 243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; or
(27) a graffiti offense in violation of Section 28.08,
Penal Code.
SECTION 34. Article 17.45, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
A magistrate may require as a condition of bond that a defendant
charged with an offense under Section 43.02 or 43.021, Penal Code,
receive counseling or education, or both, relating to acquired
immune deficiency syndrome or human immunodeficiency virus.
SECTION 35. Article 42A.751(a), Code of Criminal Procedure,
is amended to read as follows:
(a) At any time during the period of community supervision,
the judge may issue a warrant for a violation of any condition of
community supervision and cause a defendant convicted under Section
43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or
Sections 485.031 through 485.035, Health and Safety Code, or placed
on deferred adjudication community supervision after being charged
with one of those offenses, to be subject to:
(1) the control measures of Section 81.083, Health and
Safety Code; and
(2) the court-ordered-management provisions of
Subchapter G, Chapter 81, Health and Safety Code.
SECTION 36. Section 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.09 (Bestiality), 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,
if the offense is punishable as a felony of the second degree [under
Subsection (c-1)(2) of that section];
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 37. Section 11.066, Education Code, is amended to
read as follows:
Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
OF CERTAIN OFFENSES. A person is ineligible to serve as a member of
the board of trustees of a school district if the person has been
convicted of a felony or an offense under Section 43.021
[43.02(b)], Penal Code.
SECTION 38. 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 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;
(3) 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;
(4) 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;
(5) notwithstanding Subsection (a)(1), conduct
described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code;
or
(6) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code.
SECTION 39. 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 that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
Section 43.021 [43.02(b)], 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;
(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; or
(M) forcing or coercing a child to enter into a
marriage.
SECTION 40. Section 71.0353, Government Code, is amended to
read as follows:
Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a
component of the official monthly report submitted to the Office of
Court Administration of the Texas Judicial System, a district court
or county court at law shall report the number of cases filed for
the following offenses:
(1) trafficking of persons under Section 20A.02, Penal
Code;
(2) prostitution under Section 43.02, Penal Code;
(3) solicitation of prostitution under Section
43.021, Penal Code; and
(4) [(3)] compelling prostitution under Section
43.05, Penal Code.
SECTION 41. Section 402.035(d), Government Code, is amended
to read as follows:
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys' offices for all of
the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including data described by Subdivisions (4)(A), (B),
(C), (D), and (E);
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
(iii) an offense punishable as a felony of
the second degree under Section 43.021 [43.02(c-1)(2)], Penal Code,
regardless of whether the offense was committed as part of a
criminal episode involving the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Texas Commission on Law Enforcement
to develop and conduct training for law enforcement personnel,
victim service providers, and medical service providers to identify
victims of human trafficking;
(6) work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(7) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(8) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(9) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking;
(10) develop recommendations on how to strengthen
state and local efforts to prevent human trafficking, protect and
assist human trafficking victims, curb markets and other economic
avenues that facilitate human trafficking and investigate and
prosecute human trafficking offenders;
(11) examine the extent to which human trafficking is
associated with the operation of sexually oriented businesses, as
defined by Section 243.002, Local Government Code, and the
workplace or public health concerns that are created by the
association of human trafficking and the operation of sexually
oriented businesses;
(12) develop recommendations for addressing the
demand for forced labor or services or sexual conduct involving
victims of human trafficking, including recommendations for
increased penalties for individuals who engage or attempt to engage
in solicitation of prostitution with victims younger than 18 years
of age; and
(13) identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses.
SECTION 42. Section 411.042(b), Government Code, is amended
to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02, 43.02
[43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, and
43.05, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check as required by that chapter, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of
the victim in any family violence, sexual assault or abuse,
indecent assault, stalking, or trafficking case. Information in the
law enforcement information system relating to an active order
shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, indecent
assault, stalking, or trafficking case;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 43. Section 411.1471(a), Government Code, is
amended to read as follows:
(a) This section applies to a defendant who is:
(1) arrested for a felony prohibited under any of the
following Penal Code sections:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Section 20.05;
(F) Section 20.06;
(G) Section 20A.02;
(H) Section 20A.03;
(I) Section 21.02;
(J) Section 21.11;
(K) Section 22.01;
(L) Section 22.011;
(M) Section 22.02;
(N) Section 22.021;
(O) Section 25.02;
(P) Section 29.02;
(Q) Section 29.03;
(R) Section 30.02;
(S) Section 31.03;
(T) Section 43.03;
(U) Section 43.04;
(V) Section 43.05;
(W) Section 43.25; or
(X) Section 43.26; or
(2) convicted of an offense:
(A) under Title 5, Penal Code, other than an
offense described by Subdivision (1), that is punishable as a Class
A misdemeanor or any higher category of offense, except for an
offense punishable as a Class A misdemeanor under Section 22.05,
Penal Code; or
(B) under Section 21.08, 25.04, 43.021
[43.02(b)], or 43.24, Penal Code.
SECTION 44. Section 81.093(a), Health and Safety Code, is
amended to read as follows:
(a) A court may direct a person convicted of an offense
under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas
Controlled Substances Act), or under Sections 485.031 through
485.035 to be subject to the control measures of Section 81.083 and
to the court-ordered management provisions of Subchapter G.
SECTION 45. The heading to Chapter 169, Health and Safety
Code, is amended to read as follows:
CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
PREVENTION PROGRAM
SECTION 46. Section 169.001, Health and Safety Code, is
amended to read as follows:
Sec. 169.001. FIRST OFFENDER SOLICITATION OF PROSTITUTION
PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In
this chapter, "first offender solicitation of 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 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.
(b) If a defendant successfully completes a first offender
solicitation of prostitution prevention program, regardless of
whether the defendant was convicted of the offense for which the
defendant entered the program or whether the court deferred further
proceedings without entering an adjudication of guilt, after notice
to the state and a hearing on whether the defendant is otherwise
entitled to the petition, including whether the required time
period has elapsed, and whether issuance of the order is in the best
interest of justice, the court shall enter an order of
nondisclosure of criminal history record information under
Subchapter E-1, Chapter 411, Government Code, as if the defendant
had received a discharge and dismissal under Article 42A.111, Code
of Criminal Procedure, with respect to all records and files
related to the defendant's arrest for the offense for which the
defendant entered the program if the defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not convicted of any other felony offense
before the second anniversary of the defendant's successful
completion of the program.
SECTION 47. Sections 169.002(a), (b), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(a) The commissioners court of a county or governing body of
a municipality may establish a first offender solicitation of
prostitution prevention program for defendants charged with an
offense under Section 43.021 [43.02(b)], Penal Code.
(b) A defendant is eligible to participate in a first
offender solicitation of prostitution prevention program
established under this chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02(b), as
that law existed before September 1, 2021 [43.02], 43.021, 43.03,
43.031, 43.04, 43.041, or 43.05, Penal Code;
(B) an offense listed in Article 42A.054(a), Code
of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
(d) A defendant is not eligible to participate in the first
offender solicitation of prostitution prevention program if the
defendant offered or agreed to hire a person to engage in sexual
conduct and the person was younger than 18 years of age at the time
of the offense.
(e) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to participate in the
first offender solicitation of prostitution prevention program or
otherwise proceed through the criminal justice system.
(f) If a defendant who chooses to participate in the first
offender solicitation of prostitution prevention program fails to
attend any portion of the program, the court in which the
defendant's criminal case is pending shall issue a warrant for the
defendant's arrest and proceed on the criminal case as if the
defendant had chosen not to participate in the program.
SECTION 48. Section 169.003(a), Health and Safety Code, is
amended to read as follows:
(a) A first offender solicitation of 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 sex addiction, sexually
transmitted diseases, mental health, and substance abuse; and
(4) provide each participant with classroom
instruction related to the prevention of the solicitation of
prostitution.
SECTION 49. Sections 169.004, 169.005, and 169.006, Health
and Safety Code, are amended to read as follows:
Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
the speaker of the house of representatives may assign to
appropriate legislative committees duties relating to the
oversight of first offender solicitation of prostitution
prevention programs established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a first offender solicitation of prostitution
prevention program established under this chapter.
(c) A first offender solicitation of prostitution
prevention program established under this chapter shall:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to the division on request.
Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
solicitation of prostitution prevention program established under
this chapter may collect from a participant in the program a
nonrefundable reimbursement fee for the program in a reasonable
amount not to exceed $1,000, from which the following must be paid:
(1) a counseling and services reimbursement fee in an
amount necessary to cover the costs of the counseling and services
provided by the program; and
(2) a law enforcement training reimbursement fee, in
an amount equal to five percent of the total amount paid under
Subdivision (1), to be deposited to the credit of the treasury of
the county or municipality that established the program to cover
costs associated with the provision of training to law enforcement
personnel on domestic violence, prostitution, and the trafficking
of persons.
(b) Reimbursement fees collected under this section may be
paid on a periodic basis or on a deferred payment schedule at the
discretion of the judge, magistrate, or program director
administering the first offender solicitation of prostitution
prevention program. The fees must be based on the participant's
ability to pay.
Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
REQUIREMENT. (a) To encourage participation in a first offender
solicitation of prostitution prevention program established under
this chapter, the judge or magistrate administering the program may
suspend any requirement that, as a condition of community
supervision, a participant in the program work a specified number
of hours at a community service project.
(b) On a participant's successful completion of a first
offender solicitation of prostitution prevention program, a judge
or magistrate may excuse the participant from any condition of
community supervision previously suspended under Subsection (a).
SECTION 50. Section 455.202(d)(2), Occupations Code, is
amended to read as follows:
(2) "Sexual contact" includes:
(A) any touching of any part of the genitalia or
anus;
(B) any touching of the breasts of a female
without the written consent of the female;
(C) any offer or agreement to engage in any
activity described in Paragraph (A) or (B);
(D) kissing without the consent of both persons;
(E) deviate sexual intercourse, sexual contact,
sexual intercourse, indecent exposure, sexual assault,
prostitution, solicitation of prostitution, and promotion
[promotions] of prostitution as described in Chapters 21, 22, and
43, Penal Code, or any offer or agreement to engage in such
activities;
(F) any behavior, gesture, or expression that may
reasonably be interpreted as inappropriately seductive or sexual;
or
(G) inappropriate sexual comments about or to a
client, including sexual comments about a person's body.
SECTION 51. Section 15.031(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if, with intent that an
offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the
person by any means requests, commands, or attempts to induce a
minor or another whom the person believes to be a minor to engage in
specific conduct that, under the circumstances surrounding the
actor's conduct as the actor believes them to be, would constitute
an offense under one of those sections or would make the minor or
other believed by the person to be a minor a party to the commission
of an offense under one of those sections.
SECTION 52. Section 25.08(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor commits the offense with intent to commit an offense under
Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
SECTION 53. Section 25.081(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor commits the offense with intent to commit an offense under
Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
SECTION 54. Section 43.01, Penal Code, is amended by adding
Subdivision (6) to read as follows:
(6) "Solicitation of prostitution" means the offense
defined in Section 43.021.
SECTION 55. Section 43.031(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person owns, manages,
or operates an interactive computer service or information content
provider, or operates as an information content provider, with the
intent to promote the prostitution of another person or facilitate
another person to engage in prostitution or solicitation of
prostitution.
SECTION 56. Section 43.041(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person owns, manages,
or operates an interactive computer service or information content
provider, or operates as an information content provider, with the
intent to promote the prostitution of five or more persons or
facilitate five or more persons to engage in prostitution or
solicitation of prostitution.
SECTION 57. Section 93.013(a), Property Code, is amended to
read as follows:
(a) Notwithstanding a provision in a lease to the contrary,
a tenant's right of possession terminates and the landlord has a
right to recover possession of the leased premises if the tenant is
using the premises or allowing the premises to be used for the
purposes of prostitution as described by Section 43.02, Penal Code,
solicitation of prostitution as described by Section 43.021, Penal
Code, promotion of prostitution as described by Section 43.03,
Penal Code, aggravated promotion of prostitution as described by
Section 43.04, Penal Code, [or] compelling prostitution[,] as
described [prohibited] by Section 43.05, [the] Penal Code, or
trafficking of persons as described by Section 20A.02, Penal Code.
SECTION 58. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.086 to read as follows:
Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED
TRAFFICKING PENALTIES. (a) In this section:
(1) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2) "School" means a public or private primary or
secondary school.
(b) Each school shall post warning signs of the increased
penalties for trafficking of persons under Section 20A.02(b-1)(2),
Penal Code, at the following locations:
(1) parallel to and along the exterior boundaries of
the school's premises;
(2) at each roadway or other way of access to the
premises;
(3) for premises not fenced, at least every five
hundred feet along the exterior boundaries of the premises;
(4) at each entrance to the premises; and
(5) at conspicuous places reasonably likely to be
viewed by all persons entering the premises.
(c) The agency, in consultation with the human trafficking
prevention task force created under Section 402.035, Government
Code, shall adopt rules regarding the placement, installation,
design, size, wording, and maintenance procedures for the warning
signs required under this section. The rules must require that each
warning sign:
(1) include a description of the provisions of Section
20A.02(b-1), Penal Code, including the penalties for violating that
section;
(2) be written in English and Spanish; and
(3) be at least 8-1/2 by 11 inches in size.
(d) The agency shall provide each school without charge the
number of warning signs required to comply with this section and
rules adopted under this section. If the agency is unable to
provide each school with the number of signs necessary to comply
with Subsection (b), the agency may:
(1) provide to a school fewer signs than the number
necessary to comply with that section; and
(2) prioritize distribution of signs to schools based
on reports of criminal activity in the areas near that school.
SECTION 59. Section 33.021, Penal Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) The punishment for an offense under this section is
increased to the punishment prescribed for the next higher category
of offense if it is shown on the trial of the offense that:
(1) the actor committed the offense during regular
public or private primary or secondary school hours; and
(2) the actor knew or reasonably should have known
that the minor was enrolled in a public or private primary or
secondary school at the time of the offense.
SECTION 60. Section 43.01, Penal Code, is amended by adding
Subdivisions (1-f) and (2-a) to read as follows.
(1-f) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-a) "School" means a public or private primary or
secondary school.
SECTION 61. Section 43.02, Penal Code, is amended by adding
Subsection (c-2) to read as follows:
(c-2) The punishment prescribed for an offense under
Subsection (b) is increased to the punishment prescribed for the
next highest category of offense if it is shown on the trial of the
offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 62. The following provisions are repealed:
(1) Section 125.0017, Civil Practice and Remedies
Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
Legislature, Regular Session, 2017;
(2) Section 125.003(d), Civil Practice and Remedies
Code;
(3) Section 125.004(a-3), Civil Practice and Remedies
Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
Legislature, Regular Session, 2017;
(4) Section 125.068, Civil Practice and Remedies Code;
and
(5) Section 20A.02(a-1), Penal Code.
SECTION 63. (a) Sections 11.44(b), 11.46(c), and 61.42(c),
Alcoholic Beverage Code, as amended by this Act, apply to an
application for an alcoholic beverage permit or license filed on or
after the effective date of this Act or pending on the effective
date of this Act.
(b) Section 98.007, Civil Practice and Remedies Code, as
added by this Act, applies only to an action filed on or after the
effective date of this Act.
(c) The change in law made to Chapters 125 and 140A, Civil
Practice and Remedies Code, by this Act applies only to a cause of
action that accrues on or after the effective date of this Act. A
cause of action that accrues before the effective date of this Act
is governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(d) Except as otherwise provided by this section, the
changes in law made by this Act apply 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 64. The Texas Education Agency is required to
implement the change in law made by Section 37.086(d), Education
Code, as added by this Act, only if the legislature appropriates
money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the agency may,
but is not required to, implement the change in law made by Section
37.086(d), Education Code, as added by this Act, using other
appropriations available for that purpose.
SECTION 65. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1540 was passed by the House on April
14, 2021, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1540 on May 28, 2021, by the following vote: Yeas 145, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1540 was passed by the Senate, with
amendments, on May 20, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor