Bill Text: TX HB2552 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to measures to address and deter certain criminal or other unlawful activity, including trafficking of persons, sexual offenses, prostitution, and activity that may constitute a public nuisance; increasing criminal penalties; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2552 Detail]
Download: Texas-2017-HB2552-Enrolled.html
H.B. No. 2552 |
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relating to measures to address and deter certain criminal or other | ||
unlawful activity, including trafficking of persons, sexual | ||
offenses, prostitution, and activity that may constitute a public | ||
nuisance; increasing criminal penalties; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 17.46(b), Business & Commerce Code, as | ||
amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of | ||
the 84th Legislature, Regular Session, 2015, is reenacted and | ||
amended to read as follows: | ||
(b) Except as provided in Subsection (d) of this section, | ||
the term "false, misleading, or deceptive acts or practices" | ||
includes, but is not limited to, the following acts: | ||
(1) passing off goods or services as those of another; | ||
(2) causing confusion or misunderstanding as to the | ||
source, sponsorship, approval, or certification of goods or | ||
services; | ||
(3) causing confusion or misunderstanding as to | ||
affiliation, connection, or association with, or certification by, | ||
another; | ||
(4) using deceptive representations or designations | ||
of geographic origin in connection with goods or services; | ||
(5) representing that goods or services have | ||
sponsorship, approval, characteristics, ingredients, uses, | ||
benefits, or quantities which they do not have or that a person has | ||
a sponsorship, approval, status, affiliation, or connection which | ||
the person does not; | ||
(6) representing that goods are original or new if | ||
they are deteriorated, reconditioned, reclaimed, used, or | ||
secondhand; | ||
(7) representing that goods or services are of a | ||
particular standard, quality, or grade, or that goods are of a | ||
particular style or model, if they are of another; | ||
(8) disparaging the goods, services, or business of | ||
another by false or misleading representation of facts; | ||
(9) advertising goods or services with intent not to | ||
sell them as advertised; | ||
(10) advertising goods or services with intent not to | ||
supply a reasonable expectable public demand, unless the | ||
advertisements disclosed a limitation of quantity; | ||
(11) making false or misleading statements of fact | ||
concerning the reasons for, existence of, or amount of price | ||
reductions; | ||
(12) representing that an agreement confers or | ||
involves rights, remedies, or obligations which it does not have or | ||
involve, or which are prohibited by law; | ||
(13) knowingly making false or misleading statements | ||
of fact concerning the need for parts, replacement, or repair | ||
service; | ||
(14) misrepresenting the authority of a salesman, | ||
representative or agent to negotiate the final terms of a consumer | ||
transaction; | ||
(15) basing a charge for the repair of any item in | ||
whole or in part on a guaranty or warranty instead of on the value of | ||
the actual repairs made or work to be performed on the item without | ||
stating separately the charges for the work and the charge for the | ||
warranty or guaranty, if any; | ||
(16) disconnecting, turning back, or resetting the | ||
odometer of any motor vehicle so as to reduce the number of miles | ||
indicated on the odometer gauge; | ||
(17) advertising of any sale by fraudulently | ||
representing that a person is going out of business; | ||
(18) advertising, selling, or distributing a card | ||
which purports to be a prescription drug identification card issued | ||
under Section 4151.152, Insurance Code, in accordance with rules | ||
adopted by the commissioner of insurance, which offers a discount | ||
on the purchase of health care goods or services from a third party | ||
provider, and which is not evidence of insurance coverage, unless: | ||
(A) the discount is authorized under an agreement | ||
between the seller of the card and the provider of those goods and | ||
services or the discount or card is offered to members of the | ||
seller; | ||
(B) the seller does not represent that the card | ||
provides insurance coverage of any kind; and | ||
(C) the discount is not false, misleading, or | ||
deceptive; | ||
(19) using or employing a chain referral sales plan in | ||
connection with the sale or offer to sell of goods, merchandise, or | ||
anything of value, which uses the sales technique, plan, | ||
arrangement, or agreement in which the buyer or prospective buyer | ||
is offered the opportunity to purchase merchandise or goods and in | ||
connection with the purchase receives the seller's promise or | ||
representation that the buyer shall have the right to receive | ||
compensation or consideration in any form for furnishing to the | ||
seller the names of other prospective buyers if receipt of the | ||
compensation or consideration is contingent upon the occurrence of | ||
an event subsequent to the time the buyer purchases the merchandise | ||
or goods; | ||
(20) representing that a guaranty or warranty confers | ||
or involves rights or remedies which it does not have or involve, | ||
provided, however, that nothing in this subchapter shall be | ||
construed to expand the implied warranty of merchantability as | ||
defined in Sections 2.314 through 2.318 and Sections 2A.212 through | ||
2A.216 to involve obligations in excess of those which are | ||
appropriate to the goods; | ||
(21) promoting a pyramid promotional scheme, as | ||
defined by Section 17.461; | ||
(22) representing that work or services have been | ||
performed on, or parts replaced in, goods when the work or services | ||
were not performed or the parts replaced; | ||
(23) filing suit founded upon a written contractual | ||
obligation of and signed by the defendant to pay money arising out | ||
of or based on a consumer transaction for goods, services, loans, or | ||
extensions of credit intended primarily for personal, family, | ||
household, or agricultural use in any county other than in the | ||
county in which the defendant resides at the time of the | ||
commencement of the action or in the county in which the defendant | ||
in fact signed the contract; provided, however, that a violation of | ||
this subsection shall not occur where it is shown by the person | ||
filing such suit that the person neither knew or had reason to know | ||
that the county in which such suit was filed was neither the county | ||
in which the defendant resides at the commencement of the suit nor | ||
the county in which the defendant in fact signed the contract; | ||
(24) failing to disclose information concerning goods | ||
or services which was known at the time of the transaction if such | ||
failure to disclose such information was intended to induce the | ||
consumer into a transaction into which the consumer would not have | ||
entered had the information been disclosed; | ||
(25) using the term "corporation," "incorporated," or | ||
an abbreviation of either of those terms in the name of a business | ||
entity that is not incorporated under the laws of this state or | ||
another jurisdiction; | ||
(26) selling, offering to sell, or illegally promoting | ||
an annuity contract under Chapter 22, Acts of the 57th Legislature, | ||
3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil | ||
Statutes), with the intent that the annuity contract will be the | ||
subject of a salary reduction agreement, as defined by that Act, if | ||
the annuity contract is not an eligible qualified investment under | ||
that Act or is not registered with the Teacher Retirement System of | ||
Texas as required by Section 8A of that Act; | ||
(27) taking advantage of a disaster declared by the | ||
governor under Chapter 418, Government Code, by: | ||
(A) selling or leasing fuel, food, medicine, or | ||
another necessity at an exorbitant or excessive price; or | ||
(B) demanding an exorbitant or excessive price in | ||
connection with the sale or lease of fuel, food, medicine, or | ||
another necessity; | ||
(28) using the translation into a foreign language of | ||
a title or other word, including "attorney," "lawyer," "licensed," | ||
"notary," and "notary public," in any written or electronic | ||
material, including an advertisement, a business card, a | ||
letterhead, stationery, a website, or an online video, in reference | ||
to a person who is not an attorney in order to imply that the person | ||
is authorized to practice law in the United States; | ||
(29) [ |
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in connection with a good or service that: | ||
(A) represents that the solicitation is sent on | ||
behalf of a governmental entity when it is not; or | ||
(B) resembles a governmental notice or form that | ||
represents or implies that a criminal penalty may be imposed if the | ||
recipient does not remit payment for the good or service; | ||
(30) [ |
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in connection with a good or service that resembles a check or other | ||
negotiable instrument or invoice, unless the portion of the | ||
solicitation that resembles a check or other negotiable instrument | ||
or invoice includes the following notice, clearly and conspicuously | ||
printed in at least 18-point type: | ||
"SPECIMEN-NON-NEGOTIABLE"; | ||
(31) [ |
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promotion of a synthetic substance that produces and is intended to | ||
produce an effect when consumed or ingested similar to, or in excess | ||
of, the effect of a controlled substance or controlled substance | ||
analogue, as those terms are defined by Section 481.002, Health and | ||
Safety Code: | ||
(A) making a deceptive representation or | ||
designation about the synthetic substance; or | ||
(B) causing confusion or misunderstanding as to | ||
the effects the synthetic substance causes when consumed or | ||
ingested; [ |
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(32) [ |
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directly or indirectly soliciting employment, as defined by Section | ||
38.01, Penal Code, for an attorney, or a licensed public insurance | ||
adjuster entering into a contract with an insured for the primary | ||
purpose of referring the insured to an attorney without the intent | ||
to actually perform the services customarily provided by a licensed | ||
public insurance adjuster, provided that this subdivision may not | ||
be construed to prohibit a licensed public insurance adjuster from | ||
recommending a particular attorney to an insured; or | ||
(33) owning, operating, maintaining, or advertising a | ||
massage establishment, as defined by Section 455.001, Occupations | ||
Code, that: | ||
(A) is not appropriately licensed under Chapter | ||
455, Occupations Code, or is not in compliance with the applicable | ||
licensing and other requirements of that chapter; or | ||
(B) is not in compliance with an applicable local | ||
ordinance relating to the licensing or regulation of massage | ||
establishments. | ||
SECTION 2. Section 125.001, Civil Practice and Remedies | ||
Code, is amended by adding Subdivisions (1-a) and (4) to read as | ||
follows: | ||
(1-a) "Computer network" means the interconnection of | ||
two or more computers or computer systems by satellite, microwave, | ||
line, or other communication medium with the capability to transmit | ||
information between the computers. | ||
(4) "Web address" means a website operating on the | ||
Internet. | ||
SECTION 3. Section 125.0015, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (c), (d), and (e) to read as | ||
follows: | ||
(c) A person operating a web address or computer network in | ||
connection with an activity described by Subsection (a)(3), (6), | ||
(7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a | ||
common nuisance. | ||
(d) Subsection (c) does not apply to: | ||
(1) a provider of remote computing services or | ||
electronic communication services to the public; | ||
(2) a provider of an interactive computer service as | ||
defined by 47 U.S.C. Section 230; | ||
(3) an Internet service provider; | ||
(4) a search engine operator; | ||
(5) a browsing or hosting company; | ||
(6) an operating system provider; or | ||
(7) a device manufacturer. | ||
(e) This section does not apply to an activity exempted, | ||
authorized, or otherwise lawful activity regulated by federal law. | ||
SECTION 4. Subchapter A, Chapter 125, Civil Practice and | ||
Remedies Code, is amended by adding Section 125.0017 to read as | ||
follows: | ||
Sec. 125.0017. NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If | ||
a law enforcement agency makes an arrest related to an activity | ||
described by Section 125.0015(a)(6), (7), or (18) 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 | ||
shall provide written notice by certified mail to each person | ||
maintaining the property of the arrest. | ||
SECTION 5. The heading to Section 125.002, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES | ||
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SECTION 6. Sections 125.002(a), (g), and (h), Civil | ||
Practice and Remedies Code, are amended to read as follows: | ||
(a) A suit to enjoin and abate a common nuisance described | ||
by Section 125.0015(a) or (b) may be brought by an individual, by | ||
the attorney general, or by a district, county, or city attorney. | ||
The suit must be brought in the county in which it is alleged to | ||
exist against the person who is maintaining or about to maintain the | ||
nuisance. The suit must be brought in the name of the state if | ||
brought by the attorney general or a district or county attorney, in | ||
the name of the city if brought by a city attorney, or in the name of | ||
the individual if brought by a private citizen. Verification of the | ||
petition or proof of personal injury by the acts complained of need | ||
not be shown. For purposes of this subsection, personal injury may | ||
include economic or monetary loss. | ||
(g) In an action brought under this chapter, other than an | ||
action brought under Section 125.0025, the petitioner may file a | ||
notice of lis pendens and a certified copy of an order of the court | ||
in the office of the county clerk in each county in which the land is | ||
located. The notice of lis pendens must conform to the requirements | ||
of Section 12.007, Property Code, and constitutes notice as | ||
provided by Section 13.004, Property Code. A certified copy of an | ||
order of the court filed in the office of the county clerk | ||
constitutes notice of the terms of the order and is binding on | ||
subsequent purchasers and lienholders. | ||
(h) A person who may bring a suit under Subsection (a) | ||
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property owner, the owner's authorized representative, or the | ||
operator or occupant of the business, dwelling, or other place | ||
where the criminal acts occurred: | ||
(1) promptly notifies the appropriate governmental | ||
entity or the entity's law enforcement agency of the occurrence of | ||
criminal acts on the property; and | ||
(2) cooperates with the governmental entity's law | ||
enforcement investigation of criminal acts occurring at the | ||
property. | ||
SECTION 7. Subchapter A, Chapter 125, Civil Practice and | ||
Remedies Code, is amended by adding Section 125.0025 to read as | ||
follows: | ||
Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES. | ||
(a) A suit to declare that a person operating a web address or | ||
computer network is maintaining a common nuisance may be brought by | ||
an individual, by the attorney general, or by a district, county, or | ||
city attorney. | ||
(b) Except as provided by Section 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. | ||
(c) The attorney general may: | ||
(1) notify Internet service providers, search engine | ||
operators, browsing or hosting companies, or device manufacturers | ||
on which applications are hosted of the judicial finding issued to | ||
the attorney general under Subsection (b) to determine if the | ||
persons notified are able to offer technical assistance to the | ||
attorney general in a manner consistent with 47 U.S.C. Section 230; | ||
or | ||
(2) post the judicial finding issued to the attorney | ||
general under Subsection (b) on the attorney general's Internet | ||
website. | ||
SECTION 8. Section 125.004, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e) | ||
and amending Subsection (d) 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 | ||
knowingly tolerated 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. | ||
(a-3) For purposes of Subsections (a-1) and (a-2), notice is | ||
considered to be provided to the defendant seven days after the | ||
postmark date of the notice provided under Section 125.0017. | ||
(d) Notwithstanding Subsections [ |
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(a-2), evidence that the defendant, the defendant's authorized | ||
representative, or another person acting at the direction of the | ||
defendant or the defendant's authorized representative requested | ||
law enforcement or emergency assistance with respect to an activity | ||
at the place where the common nuisance is allegedly maintained is | ||
not admissible for the purpose of showing the defendant tolerated | ||
the activity or failed to make reasonable attempts to abate the | ||
activity alleged to constitute the nuisance but may be admitted for | ||
other purposes, such as showing that a crime listed in Section | ||
125.0015 occurred. Evidence that the defendant refused to | ||
cooperate with law enforcement or emergency services with respect | ||
to the activity is admissible. The posting of a sign prohibiting | ||
the activity alleged is not conclusive evidence that the owner did | ||
not tolerate the activity. | ||
(e) Evidence of a previous suit filed under this chapter | ||
that resulted in a judgment against a landowner with respect to an | ||
activity described by Section 125.0015 at the landowner's property | ||
is admissible in a subsequent suit filed under this chapter to | ||
demonstrate that the landowner: | ||
(1) knowingly tolerated the activity; and | ||
(2) did not make a reasonable attempt to abate the | ||
activity. | ||
SECTION 9. Subchapter C, Chapter 11, Education Code, is | ||
amended by adding Section 11.066 to read as follows: | ||
Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED | ||
OF CERTAIN OFFENSE. 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 an offense under Section 43.02(b), Penal Code. | ||
SECTION 10. 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(a), | ||
43.02(b), 43.03, 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 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, | ||
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, unless that | ||
information is excluded from the order under Section 85.007, Family | ||
Code, or Article 17.292(e), Code of Criminal Procedure; | ||
(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, or Article 17.292(e), Code | ||
of Criminal Procedure; | ||
(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, 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 11. Subchapter A, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.011 to read as follows: | ||
Sec. 241.011. HUMAN TRAFFICKING SIGNS REQUIRED. An | ||
emergency department of a hospital shall display separate signs, in | ||
English and Spanish, that comply with Section 245.025 as if the | ||
hospital is an abortion facility. | ||
SECTION 12. Chapter 245, Health and Safety Code, is amended | ||
by adding Section 245.025 to read as follows: | ||
Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An | ||
abortion facility shall display separate signs, in English, | ||
Spanish, and any additional language as required by Subsection (b), | ||
side by side in accordance with this section in each restroom and | ||
patient consulting room. The signs must include the following | ||
information: | ||
(1) no person, including an individual's parents, may | ||
force any individual to have an abortion; | ||
(2) it is illegal for a person to force an individual | ||
to engage in sexual acts; | ||
(3) a woman who needs help may call or text a state or | ||
national organization that assists victims of human trafficking and | ||
forced abortions; and | ||
(4) the toll-free number of an organization described | ||
by Subdivision (3). | ||
(b) Signs required under this section must be in English and | ||
Spanish. If an abortion facility is located in a political | ||
subdivision required to provide election materials in a language | ||
other than English or Spanish under Section 272.011, Election Code, | ||
the facility shall display a separate sign in that language. | ||
(c) Signs required under this section must be at least 8-1/2 | ||
by 11 inches in size and displayed in a conspicuous manner clearly | ||
visible to the public and employees of an abortion facility. The | ||
notice must cover at least four-fifths of the sign. | ||
(d) The executive commissioner shall adopt rules as | ||
necessary to implement and enforce this section. | ||
SECTION 13. Section 1602.354, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The commission shall require continuing education | ||
programs under this chapter to include information on: | ||
(1) activities commonly associated with human | ||
trafficking; | ||
(2) recognition of potential victims of human | ||
trafficking; and | ||
(3) methods for assisting victims of human | ||
trafficking, including how to report human trafficking. | ||
SECTION 14. Subchapter I, Chapter 1602, Occupations Code, | ||
is amended by adding Section 1602.408 to read as follows: | ||
Sec. 1602.408. POSTING OF CERTAIN NOTICES REQUIRED. (a) In | ||
this section, "licensed facility" means the premises of a place of | ||
business that holds a license, certificate, or permit under this | ||
chapter. | ||
(b) A licensed facility shall display a sign approved by or | ||
acceptable to the commission or the department concerning services | ||
and assistance available to victims of human trafficking. | ||
(c) The sign required by this section must be in English, | ||
Spanish, and Vietnamese and include a toll-free telephone number of | ||
a nationally recognized information and referral hotline for | ||
victims of human trafficking. | ||
(d) The commission by rule shall establish requirements | ||
regarding the posting of signs under this section. | ||
SECTION 15. 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 the actor commits | ||
the offense; [ |
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(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. | ||
SECTION 16. (a) This section takes effect only if the Act | ||
of the 85th Legislature, Regular Session, 2017, relating to | ||
nonsubstantive additions to and corrections in enacted codes | ||
becomes law. | ||
(b) Section 21.16(g), Penal Code, as added by Chapter 852 | ||
(S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015, | ||
is amended to read as follows: | ||
(g) An offense under this section is a state jail felony | ||
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(c) Chapter 21, Penal Code, is amended by adding Section | ||
21.18 to read as follows: | ||
Sec. 21.18. SEXUAL COERCION. (a) In this section: | ||
(1) "Intimate visual material" means the visual | ||
material described by Section 21.16(b)(1) or (c). | ||
(2) "Sexual conduct" has the meaning assigned by | ||
Section 43.25. | ||
(b) A person commits an offense if the person intentionally | ||
threatens, including by coercion or extortion, to commit an offense | ||
under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, | ||
21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to | ||
obtain, in return for not committing the threatened offense or in | ||
connection with the threatened offense, any of the following | ||
benefits: | ||
(1) intimate visual material; | ||
(2) an act involving sexual conduct causing arousal or | ||
gratification; or | ||
(3) a monetary benefit or other benefit of value. | ||
(c) A person commits an offense if the person intentionally | ||
threatens, including by coercion or extortion, to commit an offense | ||
under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to | ||
obtain, in return for not committing the threatened offense or in | ||
connection with the threatened offense, either of the following | ||
benefits: | ||
(1) intimate visual material; or | ||
(2) an act involving sexual conduct causing arousal or | ||
gratification. | ||
(d) This section applies to a threat regardless of how that | ||
threat is communicated, including a threat transmitted through | ||
e-mail or an Internet website, social media account, or chat room | ||
and a threat made by other electronic or technological means. | ||
(e) An offense under this section is a state jail felony, | ||
except that the offense is a felony of the third degree if it is | ||
shown on the trial of the offense that the defendant has previously | ||
been convicted of an offense under this section. | ||
SECTION 17. (a) This section takes effect only if the Act | ||
of the 85th Legislature, Regular Session, 2017, relating to | ||
nonsubstantive additions to and corrections in enacted codes does | ||
not become law. | ||
(b) Section 21.16(g), Penal Code, as added by Chapter 852 | ||
(S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015, | ||
is amended to read as follows: | ||
(g) An offense under this section is a state jail felony | ||
[ |
||
(c) Chapter 21, Penal Code, is amended by adding Section | ||
21.18 to read as follows: | ||
Sec. 21.18. SEXUAL COERCION. (a) In this section: | ||
(1) "Intimate visual material" means the visual | ||
material described by Section 21.16(b)(1) or (c), as added by | ||
Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular | ||
Session, 2015. | ||
(2) "Sexual conduct" has the meaning assigned by | ||
Section 43.25. | ||
(b) A person commits an offense if the person intentionally | ||
threatens, including by coercion or extortion, to commit an offense | ||
under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, | ||
21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B. | ||
1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16, | ||
as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature, | ||
Regular Session, 2015, 22.011, or 22.021 to obtain, in return for | ||
not committing the threatened offense or in connection with the | ||
threatened offense, any of the following benefits: | ||
(1) intimate visual material; | ||
(2) an act involving sexual conduct causing arousal or | ||
gratification; or | ||
(3) a monetary benefit or other benefit of value. | ||
(c) A person commits an offense if the person intentionally | ||
threatens, including by coercion or extortion, to commit an offense | ||
under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to | ||
obtain, in return for not committing the threatened offense or in | ||
connection with the threatened offense, either of the following | ||
benefits: | ||
(1) intimate visual material; or | ||
(2) an act involving sexual conduct causing arousal or | ||
gratification. | ||
(d) This section applies to a threat regardless of how that | ||
threat is communicated, including a threat transmitted through | ||
e-mail or an Internet website, social media account, or chat room | ||
and a threat made by other electronic or technological means. | ||
(e) An offense under this section is a state jail felony, | ||
except that the offense is a felony of the third degree if it is | ||
shown on the trial of the offense that the defendant has previously | ||
been convicted of an offense under this section. | ||
SECTION 18. Sections 22.01(b) and (c), Penal Code, are | ||
amended to read as follows: | ||
(b) An offense under Subsection (a)(1) is a Class A | ||
misdemeanor, except that the offense is a felony of the third degree | ||
if the offense is committed against: | ||
(1) a person the actor knows is a public servant while | ||
the public servant is lawfully discharging an official duty, or in | ||
retaliation or on account of an exercise of official power or | ||
performance of an official duty as a public servant; | ||
(2) a person whose relationship to or association with | ||
the defendant is described by Section 71.0021(b), 71.003, or | ||
71.005, Family Code, if: | ||
(A) it is shown on the trial of the offense that | ||
the defendant has been previously convicted of an offense under | ||
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 | ||
against a person whose relationship to or association with the | ||
defendant is described by Section 71.0021(b), 71.003, or 71.005, | ||
Family Code; or | ||
(B) the offense is committed by intentionally, | ||
knowingly, or recklessly impeding the normal breathing or | ||
circulation of the blood of the person by applying pressure to the | ||
person's throat or neck or by blocking the person's nose or mouth; | ||
(3) a person who contracts with government to perform | ||
a service in a facility as defined by Section 1.07(a)(14), Penal | ||
Code, or Section 51.02(13) or (14), Family Code, or an employee of | ||
that person: | ||
(A) while the person or employee is engaged in | ||
performing a service within the scope of the contract, if the actor | ||
knows the person or employee is authorized by government to provide | ||
the service; or | ||
(B) in retaliation for or on account of the | ||
person's or employee's performance of a service within the scope of | ||
the contract; | ||
(4) a person the actor knows is a security officer | ||
while the officer is performing a duty as a security officer; [ |
||
(5) a person the actor knows is emergency services | ||
personnel while the person is providing emergency services; or | ||
(6) a pregnant individual to force the individual to | ||
have an abortion. | ||
(c) An offense under Subsection (a)(2) or (3) is a Class C | ||
misdemeanor, except that the offense is: | ||
(1) a Class A misdemeanor if the offense is committed | ||
under Subsection (a)(3) against an elderly individual or disabled | ||
individual, as those terms are defined by Section 22.04; [ |
||
(2) a Class B misdemeanor if the offense is committed | ||
by a person who is not a sports participant against a person the | ||
actor knows is a sports participant either: | ||
(A) while the participant is performing duties or | ||
responsibilities in the participant's capacity as a sports | ||
participant; or | ||
(B) in retaliation for or on account of the | ||
participant's performance of a duty or responsibility within the | ||
participant's capacity as a sports participant; or | ||
(3) a Class A misdemeanor if the offense is committed | ||
against a pregnant individual to force the individual to have an | ||
abortion. | ||
SECTION 19. Chapter 93, Property Code, is amended by adding | ||
Section 93.013 to read as follows: | ||
Sec. 93.013. CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION | ||
OF TENANT'S RIGHT OF POSSESSION. (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, promotion of | ||
prostitution, aggravated promotion of prostitution, or compelling | ||
prostitution, as prohibited by the Penal Code, or trafficking of | ||
persons as described by Section 20A.02, Penal Code. | ||
(b) A landlord who reasonably believes a tenant is using the | ||
leased premises or allowing the leased premises to be used for a | ||
purpose described by Subsection (a) may file a forcible detainer | ||
suit under Chapter 24 seeking possession of the premises and unpaid | ||
rent, including rent for any period of occupancy after the tenant's | ||
right of possession terminates. | ||
(c) Notwithstanding Section 24.005 or 91.001 or any other | ||
law or a provision in the lease to the contrary, the landlord is not | ||
required for purposes of a forcible detainer suit authorized by | ||
this section: | ||
(1) to give a notice of proposed eviction or a notice | ||
of termination before giving notice to vacate; or | ||
(2) to give the tenant more than three days' notice to | ||
vacate before filing the suit. | ||
(d) A pending suit brought by the attorney general or a | ||
district, county, or city attorney under Chapter 125, Civil | ||
Practice and Remedies Code, alleging that a common nuisance is | ||
being maintained on the leased premises with respect to an activity | ||
described by Subsection (a) is prima facie evidence that the | ||
tenant's right of possession has terminated and the landlord has a | ||
right to recover possession of the premises under Subsection (a). | ||
(e) A final, nonappealable determination by a court under | ||
Chapter 125, Civil Practice and Remedies Code, that a common | ||
nuisance is being maintained on the leased premises with respect to | ||
an activity described by Subsection (a) creates an irrebuttable | ||
presumption that the tenant's right of possession has terminated | ||
and the landlord has a right to recover possession of the premises | ||
under Subsection (a). | ||
SECTION 20. Section 17.46(b), Business & Commerce Code, as | ||
amended 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 | ||
accrued before the effective date of this Act is governed by the law | ||
in effect immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 21. Section 125.004, Civil Practice and Remedies | ||
Code, as amended 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. | ||
SECTION 22. (a) Not later than December 1, 2017, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt the rules necessary to implement Sections 241.011 and | ||
245.025, Health and Safety Code, as added by this Act. | ||
(b) A hospital or an abortion facility is not required to | ||
comply with Section 241.011 or 245.025, Health and Safety Code, as | ||
added by this Act, before January 1, 2018. | ||
SECTION 23. (a) Not later than March 1, 2018, the Texas | ||
Commission of Licensing and Regulation shall adopt rules as | ||
necessary to comply with Section 1602.354, Occupations Code, as | ||
amended by this Act. | ||
(b) Section 1602.354(c), Occupations Code, as added by this | ||
Act, and the rules adopted under Subsection (a) of this section | ||
apply only to a continuing education program provided on or after | ||
September 1, 2018. | ||
SECTION 24. (a) Not later than January 1, 2018, the Texas | ||
Commission of Licensing and Regulation shall adopt rules as | ||
necessary to implement Section 1602.408, Occupations Code, as added | ||
by this Act. | ||
(b) A licensed facility as defined by Section 1602.408(a), | ||
Occupations Code, as added by this Act, shall comply with Section | ||
1602.408, Occupations Code, as added by this Act, not later than | ||
February 1, 2018. | ||
SECTION 25. Sections 20A.02 and 22.01, Penal Code, as | ||
amended 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 that 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 was committed before that date. | ||
SECTION 26. Section 93.013, Property Code, as added by this | ||
Act, applies only to a lease entered into or renewed on or after the | ||
effective date of this Act. A lease entered into or renewed before | ||
the effective date of this Act is governed by the law applicable to | ||
the lease immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 27. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 28. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2552 was passed by the House on May | ||
12, 2017, by the following vote: Yeas 133, Nays 9, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2552 on May 27, 2017, by the following vote: Yeas 136, Nays 8, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2552 was passed by the Senate, with | ||
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |