H.B. No. 2014

	AN ACT
	relating to certain criminal and civil consequences of trafficking
	of persons, compelling prostitution, and certain other related
	criminal offenses and to the prevention, prosecution, and
	punishment of those offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
	SECTION 1.01.  Section 11.44(b), Alcoholic Beverage Code, is
	amended to read as follows:
	(b)  The commission or administrator shall refuse to issue
	for a period of three years a permit or license for any location to
	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.  The three-year period commences
	on the date the prior application expired or was voluntarily
	surrendered.
	SECTION 1.02.  Section 11.46(c), Alcoholic Beverage Code, is
	amended to read as follows:
	(c)  The commission or administrator shall refuse to issue
	for a period of one year after cancellation 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 a shooting, stabbing, or other violent act, or as a result
	of an offense involving drugs, prostitution, or trafficking of
	persons.
	SECTION 1.03.  Section 11.64(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  When the commission or administrator is authorized to
	suspend a permit or license under this code, the commission or
	administrator shall give the permittee or licensee the opportunity
	to pay a civil penalty rather than have the permit or license
	suspended, unless the basis for the suspension is a violation of
	Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
	61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
	101.63, 106.03, 106.06, or 106.15, the sale or offer for sale of an
	alcoholic beverage during hours prohibited by Chapter 105,
	consumption or the permitting of consumption of an alcoholic
	beverage on the person's licensed or permitted premises during
	hours prohibited by Chapter 105 or Section 32.17(a)(7), or an
	offense relating to prostitution, trafficking of persons, or
	gambling, in which case the commission or administrator shall
	determine whether the permittee or licensee may have the
	opportunity to pay a civil penalty rather than have the permit or
	license suspended.  The commission shall adopt rules addressing
	when suspension may be imposed pursuant to this section without the
	opportunity to pay a civil penalty.  In adopting rules under this
	subsection, the commission shall consider the type of license or
	permit held, the type of violation, any aggravating or ameliorating
	circumstances concerning the violation, and any past violations of
	this code by the permittee or licensee.  In cases in which a civil
	penalty is assessed, the commission or administrator shall
	determine the amount of the penalty.  The amount of the civil
	penalty may not be less than $150 or more than $25,000 for each day
	the permit or license was to have been suspended.  If the licensee
	or permittee does not pay the penalty before the sixth day after the
	commission or administrator notifies him of the amount, the
	commission or administrator shall impose the suspension.
	SECTION 1.04.  Section 61.42(c), Alcoholic Beverage Code, is
	amended to read as follows:
	(c)  The county judge, commission, or administrator shall
	refuse to approve or issue for a period of one year a retail
	dealer's on-premise license or a wine and beer retailer's permit for
	a premises where a license or permit has been canceled during the
	preceding 12 months as a result of a shooting, stabbing, or other
	violent act, or as a result of an offense involving drugs,
	prostitution, or trafficking of persons.
	ARTICLE 2. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
	SECTION 2.01.  Article 17.153(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  This article applies to a defendant charged with a
	felony offense under any of the following provisions of the Penal
	Code, if committed against a child younger than 14 years of age:
	(1)  Chapter 21 (Sexual Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct); [or]
	(3)  Section 43.25 (Sexual Performance by a Child);
	(4)  Section 20A.02 (Trafficking of Persons), if the
	defendant is alleged to have:
	(A)  trafficked the child with the intent or
	knowledge that the child would engage in sexual conduct, as defined
	by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked child engaging in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(5)  Section 43.05(a)(2) (Compelling Prostitution).
	SECTION 2.02.  Chapter 42, Code of Criminal Procedure, is
	amended by adding Article 42.0372 to read as follows:
	Art. 42.0372.  MANDATORY RESTITUTION FOR CHILD VICTIMS OF
	TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) The court
	shall order a defendant convicted of an offense under Section
	20A.02 or 43.05(a)(2), Penal Code, to pay restitution in an amount
	equal to the cost of necessary rehabilitation, including medical,
	psychiatric, and psychological care and treatment, for any victim
	of the offense who is younger than 18 years of age.
	(b)  The court shall, after considering the financial
	circumstances of the defendant, specify in a restitution order
	issued under Subsection (a) the manner in which the defendant must
	pay the restitution.
	(c)  A restitution order issued under Subsection (a) may be
	enforced by the state, or by a victim named in the order to receive
	the restitution, in the same manner as a judgment in a civil action.
	(d)  The court may hold a hearing, make findings of fact, and
	amend a restitution order issued under Subsection (a) if the
	defendant fails to pay the victim named in the order in the manner
	specified by the court.
	SECTION 2.03.  Section 13B(b), Article 42.12, Code of
	Criminal Procedure, is amended to read as follows:
	(b)  This section applies to a defendant placed on community
	supervision for an offense:
	(1)  under Section 43.05(a)(2), 43.25, or 43.26, Penal
	Code;
	(2)  under Section 21.08, 21.11, 22.011, 22.021, or
	25.02, Penal Code;
	(3)  under Section 20.04(a)(4), Penal Code, if the
	defendant committed the offense with the intent to violate or abuse
	the victim sexually; [or]
	(4)  under Section 30.02, Penal Code, punishable under
	Subsection (d) of that section, if the defendant committed the
	offense with the intent to commit a felony listed in Subdivision (2)
	or (3) of this subsection; or
	(5)  under Section 20A.02, Penal Code, if the
	defendant:
	(A)  trafficked the victim with the intent or
	knowledge that the victim would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked victim engaging in sexual conduct, as
	defined by Section 43.25, Penal Code.
	SECTION 2.04.  Article 59.01(2), Code of Criminal Procedure,
	as amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
	(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
	reenacted and amended to read as follows:
	(2)  "Contraband" means property of any nature,
	including real, personal, tangible, or intangible, that is:
	(A)  used in the commission of:
	(i)  any first or second degree felony under
	the Penal Code;
	(ii)  any felony under Section 15.031(b),
	20.05, 21.11, 38.04, or [Subchapter B of] Chapter 43, 20A, [or
	Chapter] 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
	(iii)  any felony under The Securities Act
	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
	(iv)  any offense under Chapter 49, Penal
	Code, that is punishable as a felony of the third degree or state
	jail felony, if the defendant has been previously convicted three
	times of an offense under that chapter;
	(B)  used or intended to be used in the commission
	of:
	(i)  any felony under Chapter 481, Health
	and Safety Code (Texas Controlled Substances Act);
	(ii)  any felony under Chapter 483, Health
	and Safety Code;
	(iii)  a felony under Chapter 153, Finance
	Code;
	(iv)  any felony under Chapter 34, Penal
	Code;
	(v)  a Class A misdemeanor under Subchapter
	B, Chapter 365, Health and Safety Code, if the defendant has been
	previously convicted twice of an offense under that subchapter;
	(vi)  any felony under Chapter 152, Finance
	Code;
	(vii)  any felony under Chapter 32, Human
	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
	involves the state Medicaid program;
	(viii)  a Class B misdemeanor under Chapter
	522, Business & Commerce Code;
	(ix)  a Class A misdemeanor under Section
	306.051, Business & Commerce Code; [or]
	(x)  any offense under Section 42.10, Penal
	Code;
	(xi) [(x)]  any offense under Section
	46.06(a)(1) or 46.14, Penal Code; or
	(xii) [(x)]  any offense under Chapter 71,
	Penal Code;
	(C)  the proceeds gained from the commission of a
	felony listed in Paragraph (A) or (B) of this subdivision, a
	misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii)
	[(B)(viii) or (x)] of this subdivision, or a crime of violence;
	(D)  acquired with proceeds gained from the
	commission of a felony listed in Paragraph (A) or (B) of this
	subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
	(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
	violence; [or]
	(E)  used to facilitate or intended to be used to
	facilitate the commission of a felony under Section 15.031 or
	43.25, Penal Code; or
	(F)  used to facilitate or intended to be used to
	facilitate the commission of a felony under Section 20A.02 or
	Chapter 43, Penal Code.
	SECTION 2.05.  Article 60.051(g), Code of Criminal
	Procedure, is amended to read as follows:
	(g)  In addition to the information described by Subsections
	(a)-(f), information in the computerized criminal history system
	must include the age of the victim of the offense if the defendant
	was arrested for or charged with an offense under:
	(1)  Section 21.02 (Continuous sexual abuse of young
	child or children), Penal Code;
	(2)  Section 21.11 (Indecency with a child), Penal
	Code;
	(3)  Section 22.011 (Sexual assault) or 22.021
	(Aggravated sexual assault), Penal Code;
	(4)  Section 43.25 (Sexual performance by a child),
	Penal Code;
	(5)  Section 20.04(a)(4) (Aggravated kidnapping),
	Penal Code, if the defendant committed the offense with intent to
	violate or abuse the victim sexually; [or]
	(6)  Section 30.02 (Burglary), Penal Code, if the
	offense is punishable under Subsection (d) of that section and the
	defendant committed the offense with intent to commit an offense
	described by Subdivision (2), (3), or (5);
	(7)  Section 20A.02 (Trafficking of persons), Penal
	Code, if the defendant:
	(A)  trafficked a person with the intent or
	knowledge that the person would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked person engaging in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(8)  Section 43.05(a)(2) (Compelling prostitution),
	Penal Code.
	ARTICLE 3. CHANGES RELATING TO GOVERNMENT CODE
	SECTION 3.01.  Subchapter C, Chapter 71, Government Code, is
	amended by adding Section 71.0353 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; and
	(3)  compelling prostitution under Section 43.05,
	Penal Code.
	SECTION 3.02.  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)  [and a statistical breakdown of] offenses
	under Sections 22.011 and 22.021, Penal Code; and
	(C)  offenses under Sections 20A.02 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 under Section 411.119, 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 all other pertinent information
	about all persons on active protective orders.  Information in the
	law enforcement information system relating to an active protective
	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, unless that
	information is excluded from the order under Section 85.007, Family
	Code;
	(E)  the child-care facility or school where a
	child protected by the order normally resides or which the child
	normally attends, unless that information is excluded from the
	order under Section 85.007, Family Code;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed; and
	(G)  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 3.03.  Section 508.187(a), Government Code, is
	amended to read as follows:
	(a)  This section applies only to a releasee serving a
	sentence for an offense under:
	(1)  Section 43.25 or 43.26, Penal Code;
	(2)  Section 21.02, 21.11, 22.011, 22.021, or 25.02,
	Penal Code;
	(3)  Section 20.04(a)(4), Penal Code, if the releasee
	committed the offense with the intent to violate or abuse the victim
	sexually; [or]
	(4)  Section 30.02, Penal Code, punishable under
	Subsection (d) of that section, if the releasee committed the
	offense with the intent to commit a felony listed in Subdivision (2)
	or (3);
	(5)  Section 43.05(a)(2), Penal Code; or
	(6)  Section 20A.02, Penal Code, if the defendant:
	(A)  trafficked the victim with the intent or
	knowledge that the victim would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked victim engaging in sexual conduct, as
	defined by Section 43.25, Penal Code.
	SECTION 3.04.  Sections 772.006(e) and (f), Government Code,
	are amended to read as follows:
	(e)  The legislature may appropriate money from the
	trafficking of persons investigation and prosecution account
	created under Subsection (d) only to the criminal justice division
	for the purposes of this subsection.  The division may use the
	appropriated money solely to distribute grants to qualified
	applicants, as determined by the division, that:
	(1)  [counties that apply for the grants and that] have
	dedicated full-time or part-time personnel to identify, prevent,
	investigate, or prosecute offenses under Chapter 20A, Penal Code;
	or [and]
	(2)  [nongovernmental organizations that apply for the
	grants and that] provide comprehensive services in this state to
	prevent the commission of offenses under Chapter 20A, Penal Code,
	or to address the needs of victims of those offenses, including
	public awareness activities, community outreach and training,
	victim identification services, legal services, and other services
	designed to assist victims.
	(f)  The total amount of grants that may be distributed under
	this section [to counties and nongovernmental organizations] from
	the trafficking of persons investigation and prosecution account
	during each state fiscal year may not exceed $10 million.
	ARTICLE 4. CHANGES RELATING TO PENAL CODE
	SECTION 4.01.  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, 43.02, 43.05, or 43.25.
	SECTION 4.02.  Section 43.02(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is a Class B misdemeanor,
	except that the offense is:
	(1)  a Class A misdemeanor if [unless] the actor has
	previously been convicted one or two times of an offense under this
	section;
	(2)  a state jail felony if[, in which event it is a
	Class A misdemeanor. If] the actor has previously been convicted
	three or more times of an offense under this section;
	(3)  a felony of the third degree if the person
	solicited is 14 years of age or older and younger than 18 years of
	age; or
	(4)  a felony of the second degree if the person
	solicited is younger than 14 years of age[, the offense is a state
	jail felony].
	SECTION 4.03.  Section 43.251(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is a felony of the second
	degree, except that the offense is a felony of the first degree if
	the child is younger than 14 years of age at the time the offense is
	committed [Class A misdemeanor].
	ARTICLE 5. TRANSITION; EFFECTIVE DATE
	SECTION 5.01.  Except as provided by Section 5.02 of this
	Act, 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 covered by the
	law in effect when 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 5.02.  The changes in law made by this Act to
	Sections 11.44, 11.46, 11.64, and 61.42, Alcoholic Beverage Code,
	apply only to an application for a license filed on or after the
	effective date of this Act. An application for a license filed
	before the effective date of this Act is governed by the law in
	effect on the date the application was filed, and the former law is
	continued in effect for that purpose.
	SECTION 5.03.  To the extent of any conflict, this Act
	prevails over another Act of the 82nd Legislature, Regular Session,
	2011, relating to nonsubstantive additions to and corrections in
	enacted codes.
	SECTION 5.04.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2014 was passed by the House on April
	7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2014 on May 18, 2011, by the following vote:  Yeas 146, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2014 was passed by the Senate, with
	amendments, on May 13, 2011, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor