Bill Text: TX HB2285 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of and criminal offenses occurring near certain child-care facilities and age restrictions on persons employed by or allowed on the premises of a sexually oriented business; creating criminal offenses; increasing criminal penalties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-09 - Left pending in subcommittee [HB2285 Detail]
Download: Texas-2021-HB2285-Introduced.html
87R6957 MCK-D | ||
By: Parker | H.B. No. 2285 |
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relating to the regulation of and criminal offenses occurring near | ||
certain child-care facilities and age restrictions on persons | ||
employed by or allowed on the premises of a sexually oriented | ||
business; creating criminal offenses; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended | ||
by adding Section 106.17 to read as follows: | ||
Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED | ||
PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may | ||
not be on premises covered by a permit or license issued under this | ||
code if a sexually oriented business, as defined by Section | ||
243.002, Local Government Code, operates on the premises. | ||
(b) The holder of a permit or license covering a premises | ||
described by Subsection (a) may not knowingly or recklessly allow a | ||
minor to be on the premises. | ||
SECTION 2. Subchapter A, Chapter 102, Business & Commerce | ||
Code, is amended by adding Section 102.0031 to read as follows: | ||
Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY | ||
BUSINESS IN RELATION TO CHILD. A sexually oriented business may not | ||
allow an individual younger than 18 years of age to enter the | ||
premises of the business. | ||
SECTION 3. Section 102.004(a), Business & Commerce Code, is | ||
amended to read as follows: | ||
(a) The attorney general or appropriate district or county | ||
attorney, in the name of the state, may bring an action for an | ||
injunction or other process against a person who violates or | ||
threatens to violate Section 102.002, [ |
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SECTION 4. Section 102.005(b), Business & Commerce Code, is | ||
amended to read as follows: | ||
(b) A sexually oriented business commits an offense if the | ||
business violates Section 102.003 or 102.0031. | ||
SECTION 5. 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, promotion of prostitution, or | ||
aggravated promotion of prostitution as 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 an individual younger than 21 years of | ||
age [ |
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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; [ |
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(27) a graffiti offense in violation of Section 28.08, | ||
Penal Code; or | ||
(28) permitting an individual younger than 18 years of | ||
age to remain on the premises of a sexually oriented business as | ||
defined by Section 243.002, Local Government Code. | ||
SECTION 6. 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, [ |
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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 7. 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 8. 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; [ |
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(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; [ |
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(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; [ |
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(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; [ |
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(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; [ |
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(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 9. 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 10. 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; [ |
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(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, [ |
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precautions required of victims of trafficking of persons; [ |
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(2) the role of the general residential operations in | ||
assisting, [ |
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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 11. 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 12. Sections 51.016(b), (h), and (i), Labor Code, | ||
are amended to read as follows: | ||
(b) A sexually oriented business may not employ an | ||
individual younger than 21 [ |
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(h) The commission, the attorney general, or a local law | ||
enforcement agency may inspect a record maintained under this | ||
section if there is good reason to believe that an individual | ||
younger than 21 [ |
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by the sexually oriented business within the two years preceding | ||
the date of the inspection. | ||
(i) A person commits an offense if the person: | ||
(1) fails to maintain a record as required by this | ||
section; [ |
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(2) knowingly or intentionally hinders an inspection | ||
authorized under Subsection (h); or | ||
(3) violates Subsection (b). | ||
SECTION 13. Section 20A.02(b), Penal Code, is amended to | ||
read as follows: | ||
(b) Except as otherwise provided by this subsection, an | ||
offense under this section is a felony of the second degree. An | ||
offense under this section is a felony of the first degree if: | ||
(1) the applicable conduct constitutes an offense | ||
under Subsection (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; [ |
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(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. | ||
SECTION 14. 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 15. 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 16. 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; [ |
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(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 17. Section 43.251(a)(1), Penal Code, is amended to | ||
read as follows: | ||
(1) "Child" means a person younger than 21 [ |
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of age. | ||
SECTION 18. 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) [ |
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walkway or hall area that connects retail, service, or professional | ||
establishments. | ||
SECTION 19. 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; | ||
[ |
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(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 20. 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 when the offense was committed, and | ||
that law is continued in effect for that purpose. For the purposes | ||
of this section, an offense is committed before the effective date | ||
of this Act if any element of the offense occurs before that date. | ||
SECTION 21. This Act takes effect September 1, 2021. |