Bill Text: TX HB29 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing a criminal penalty; creating a criminal offense.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-03-22 - Left pending in committee [HB29 Detail]

Download: Texas-2017-HB29-Introduced.html
  85R12306 LHC-D
 
  By: Thompson of Harris H.B. No. 29
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prostitution and the trafficking of persons, civil
  racketeering related to trafficking, the prosecution of and
  punishment for certain sexual offenses and offenses involving or
  related to trafficking, reimbursement of certain costs for criminal
  victims who are children, and the release and reporting of certain
  information relating to a child; increasing a criminal penalty;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 140A, Civil Practice and Remedies Code,
  is amended by designating Sections 140A.001 and 140A.002 as
  Subchapter A and adding a subchapter heading to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         SECTION 2.  Section 140A.001, Civil Practice and Remedies
  Code, is amended by adding Subdivision (1-a) to read as follows:
               (1-a)  "Attorney general" means the attorney general of
  Texas or any assistant attorney general acting under the direction
  of the attorney general of Texas.
         SECTION 3.  Subchapter A, Chapter 140A, Civil Practice and
  Remedies Code, as added by this Act, is amended by adding Section
  140A.0015 to read as follows:
         Sec. 140A.0015.  APPLICABILITY OF PROVISIONS. (a) The
  provisions of this chapter are cumulative of each other and any
  other provision of law in effect relating to the same subject. The
  provisions of this chapter preserve the constitutional and common
  law authority of the attorney general to bring any action under
  state and federal law.
         (b)  If any of the provisions of this chapter are held
  invalid, the remainder of the provisions are not affected as a
  result and the application of the provision held invalid to persons
  or circumstances other than those as to which it is held invalid are
  not affected as a result.
         SECTION 4.  Chapter 140A, Civil Practice and Remedies Code,
  is amended by adding Subchapter B to read as follows:
  SUBCHAPTER B. PROCEDURES AND EVIDENCE
         Sec. 140A.051.  DEFINITIONS. In this subchapter:
               (1)  "Civil investigative demand" means any demand
  issued by the attorney general under this subchapter.
               (2)  "Documentary material" means the original or a
  copy of any paper, contract, agreement, book, booklet, brochure,
  pamphlet, catalog, magazine, notice, announcement, circular,
  bulletin, instruction, minutes, agenda, study, analysis, report,
  graph, map, chart, table, schedule, note, letter, telegram,
  telephone recordings, or data compilations stored in or accessible
  through computer or other information retrieval systems, together
  with instructions and all other materials necessary to use or
  interpret the data compilations, and any product of discovery.
               (3)  "Person" has the meaning assigned by Section
  311.005, Government Code. 
               (4)  "Product of discovery" means:
                     (A)  the original or a copy of a deposition,
  interrogatory, document, thing, result of inspection of land or
  other property, examination, or admission that is obtained by any
  method of discovery in a judicial or administrative proceeding of
  an adversarial nature;
                     (B)  a digest, analysis, selection, compilation,
  or derivation of any item listed in Paragraph (A); and
                     (C)  an index, instruction, or other aid or means
  of access to any item listed in Paragraph (A).
               (5)  "Racketeering investigation" means any inquiry
  conducted by the attorney general for the purpose of ascertaining
  whether any person is or has been engaged in or is actively
  preparing to engage in activities that may constitute a
  racketeering violation.
               (6)  "Racketeering violation" means any act or omission
  in violation of any of the prohibitions in Section 140A.002.
         Sec. 140A.052.  CIVIL INVESTIGATIVE DEMAND. If the attorney
  general has reason to believe that a person may be in possession,
  custody, or control of any documentary material or other evidence
  or may have any information relevant to a civil racketeering
  investigation, the attorney general may, before beginning a civil
  proceeding, issue in writing and serve on the person a civil
  investigative demand requiring the person to:
               (1)  produce any of the documentary material for
  inspection and copying;
               (2)  answer in writing any written interrogatories;
               (3)  give oral testimony; or
               (4)  provide any combination of civil investigative
  demands under Subdivisions (1)-(3).
         Sec. 140A.053.  CONTENTS OF DEMAND. (a) A civil
  investigative demand issued under Section 140A.052 must:
               (1)  describe the nature of the activities that are the
  subject of the investigation;
               (2)  state each statute the activity violates; and
               (3)  advise the person on whom the demand is served that
  the person has the right to object to the demand as provided for in
  this subchapter.
         (b)  A demand for production of documentary material must:
               (1)  describe the class of material to be produced with
  reasonable specificity so that the material demanded is fairly
  identified;
               (2)  prescribe a return date that provides a reasonable
  period of time within which the material is to be produced; and
               (3)  identify the individual to whom the material is to
  be made available for inspection and copying.
         (c)  A demand for answers to written interrogatories must:
               (1)  propound the interrogatories with definiteness
  and certainty;
               (2)  prescribe a date by which answers to the
  interrogatories must be submitted; and
               (3)  identify the individual to whom the answers should
  be submitted.
         (d)  Each demand for the giving of oral testimony must:
               (1)  prescribe a reasonable date, time, and place at
  which the testimony will begin; and
               (2)  identify the individual who will conduct the
  examination.
         Sec. 140A.054.  SERVICE; PROOF OF SERVICE. (a) Service of
  any civil investigative demand or petition filed under Section
  140A.055 or 140A.060 may be made on any natural person by delivering
  a duly executed copy of the demand or petition to the person to be
  served or by mailing a copy by registered or certified mail, return
  receipt requested, to the person at the person's residence or
  principal office or place of business.
         (b)  Service of any demand or petition filed under Section
  140A.055 or 140A.060 may be made on any person other than a natural
  person by delivering a duly executed copy of the demand or petition
  to a person to whom delivery would be appropriate under state law if
  the demand or petition were process in a civil suit.
         (c)  A verified return by the individual serving any demand
  or petition filed under Section 140A.055 or 140A.060 setting forth
  the manner of service is proof of service. In the case of service by
  registered or certified mail, the return must be accompanied by the
  return post office receipt of delivery of the demand or petition.
         Sec. 140A.055.  PETITION FOR ORDER MODIFYING OR SETTING
  ASIDE DEMAND. (a) At any time before the return date specified in a
  civil investigative demand or not later than the 30th day after the
  date the demand was served, whichever period is shorter, the person
  who has been served, and in the case of a demand for a product of
  discovery the person from whom the discovery was obtained, may file
  a petition for an order modifying or setting aside the demand in the
  district court in the county of the person's residence or principal
  office or place of business or a district court of Travis County.
  The petition must specify each ground upon which the petitioner
  relies in seeking the relief sought. The petition may be based on
  any failure of a demand to comply with the provisions of this
  subchapter or on any constitutional or other legal right or
  privilege of the petitioner.
         (b)  The petitioner shall serve a copy of the petition on the
  attorney general in accordance with Section 140A.054. The attorney
  general may submit an answer to the petition.
         (c)  In ruling on the petition under this section, the court
  shall presume absent evidence to the contrary that the attorney
  general issued the demand in good faith and within the scope of the
  attorney general's authority. 
         Sec. 140A.056.  COMPLIANCE WITH DEMAND. (a) A person on
  whom a civil investigative demand is served under this subchapter
  shall comply with the terms of the demand unless otherwise provided
  by court order.
         (b)  The time for compliance with the demand wholly or partly
  does not run during the pendency of any petition filed under Section
  140A.055, provided that the petitioner shall comply with any
  portions of the demand not sought to be modified or set aside.
         Sec. 140A.057.  DOCUMENTARY MATERIAL. (a) Any person on
  whom any civil investigative demand for the production of
  documentary material has been duly served under this subchapter
  shall make the material available to the attorney general for
  inspection and copying during normal business hours on the return
  date specified in the demand at the person's principal office or
  place of business or as otherwise may be agreed on by the person and
  the attorney general. The attorney general shall bear the expense
  of any copying. The person may substitute copies for originals of
  all or part of the requested documents if the originals are made
  available for inspection. The attorney general may elect to obtain
  or review information in an electronic format. The person shall
  indicate in writing which, if any, of the documents produced
  contain trade secrets or confidential information.
         (b)  The production of documentary material in response to
  any demand must be made under a sworn certificate in the form the
  demand designates by a natural person having knowledge of the facts
  and circumstances relating to the production to the effect that all
  of the requested material in the possession, custody, or control of
  the person to whom the demand is directed has been produced.
         Sec. 140A.058.  INTERROGATORIES. (a) Each interrogatory in
  any civil investigative demand duly served must be answered
  separately and fully in writing, unless it is objected to, in which
  case the basis for the objection shall be set forth in lieu of an
  answer. The person shall indicate in writing which, if any, of the
  answers contain trade secrets or confidential information.
         (b)  Answers to interrogatories must be submitted under a
  sworn certificate in the form the related demand designates by a
  natural person having knowledge of the facts and circumstances
  relating to the preparation of the answers to the effect that all of
  the requested information in the possession, custody, control, or
  knowledge of the person to whom the demand is directed has been set
  forth fully and accurately.
         Sec. 140A.059.  ORAL EXAMINATION. (a) The examination of
  any person pursuant to a civil investigative demand for oral
  testimony duly served must be taken before any person authorized to
  administer oaths and affirmations under the laws of this state or
  the United States. The person before whom the testimony is to be
  taken shall put the witness on oath or affirmation and shall
  personally or by someone acting under the person's direction and in
  the person's presence record the witness's testimony. At the
  expense of the attorney general, and except as provided by this
  subsection, the testimony must be taken stenographically and may be
  transcribed. The attorney general may take audio and video
  recordings of the testimony by providing notice to the person to be
  examined not later than the seventh day before the day the person is
  to be examined.
         (b)  The oral testimony of any person taken pursuant to a
  demand served must be taken within 100 miles of the county where the
  person resides, is found, or transacts business or in any other
  place agreed on by the person and the attorney general.
         (c)  Any person compelled to appear under a demand for oral
  testimony may be accompanied, represented, and advised by counsel.
  Counsel may advise the person in confidence, either on the request
  of the person or on the counsel's own initiative, with respect to
  any question arising in connection with the examination.
         (d)  The individual conducting the examination on behalf of
  the attorney general shall exclude from the place of examination
  all other persons except the person being examined, the person's
  counsel, the counsel of the person to whom the demand has been
  issued, the person before whom the testimony is to be taken, any
  stenographer taking the testimony, audiographer, videographer, and
  any person assisting the individual conducting the examination.
         (e)  During the examination, the person being examined or the
  person's counsel may object on the record to any question in
  accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An
  objection may properly be made, received, and entered on the record
  when it is claimed that the person is entitled to refuse to answer
  the question on grounds of any constitutional or other privilege,
  including the privilege against self-incrimination. Neither that
  person nor the person's counsel may otherwise object to or refuse to
  answer any question or interrupt the oral examination. If the
  person refuses to answer any question, the attorney general may
  petition the district court in the county where the examination is
  being conducted for an order compelling the person to answer the
  question.
         (f)  After the testimony has been fully transcribed, the
  person before whom the testimony was taken shall promptly transmit
  the transcript of the testimony to the witness and a copy of the
  transcript to the attorney general. The witness must have a
  reasonable opportunity to examine the transcript and make any
  changes in form or substance accompanied by a statement of the
  reasons for the changes. The witness shall then sign and return the
  transcript. If the witness does not return the transcript to the
  person before whom the testimony was taken not later than the 20th
  day after the date the transcript was provided to the witness, the
  witness may be deemed to have waived the right to make changes. The
  officer shall then certify on the transcript that the witness was
  duly sworn and that the transcript is a true record of the testimony
  given by the witness and promptly transmit a copy of the certified
  transcript to the attorney general.
         (g)  On request, the attorney general shall furnish a copy of
  the certified transcript to the witness.
         (h)  The attorney general may provide the witness the same
  fees and mileage reimbursement that are paid to witnesses in the
  district courts of this state.
         Sec. 140A.060.  FAILURE TO COMPLY WITH DEMAND PETITION FOR
  ENFORCEMENT. If a person fails to comply with a civil investigative
  demand duly served on the person, the attorney general may file in
  the district court in the county in which the person resides, is
  found, or transacts business or in a district court of Travis County
  and may serve on the person a petition for an order of the court for
  enforcement. If the person transacts business in more than one
  county and the attorney general elects not to file the petition in
  Travis County, the petition must be filed in the county of the
  person's principal office or place of business in the state or in
  any other county as may be agreed on by the person and the attorney
  general.
         Sec. 140A.061.  DELIBERATE NONCOMPLIANCE. (a) A person
  commits an offense if the person, with intent to avoid, evade, or
  prevent compliance with a civil investigative demand issued under
  this subchapter, knowingly removes from any place, conceals,
  withholds, destroys, mutilates, alters, or by any other means
  falsifies any documentary material or otherwise provides
  inaccurate information.
         (b)  An offense under this section is a misdemeanor
  punishable by:
               (1)  a fine of not more than $5,000;
               (2)  confinement in a county jail for not more than one
  year; or 
               (3)  both a fine and confinement.
         Sec. 140A.062.  DISCLOSURE AND USE OF MATERIAL AND
  INFORMATION. (a) The civil investigative demand issued by the
  attorney general, any information obtained, maintained, or created
  in response to the demand, or any documentary material, product of
  discovery, or other record derived or created during an
  investigation from the information, is not subject to disclosure
  under Chapter 552, Government Code, and is not subject to
  disclosure, discovery, subpoena, or other means of legal compulsion
  for the release, except as described in Subsections (b) and (c).
         (b)  The attorney general may not release or disclose
  information that is obtained in response to a demand or any
  documentary material, product of discovery, or other record derived
  from the information except:
               (1)  by court order for good cause shown;
               (2)  with the consent of the person who provided the
  information to the attorney general;
               (3)  to an employee or other person under the direction
  of the attorney general;
               (4)  to an agency of this state, the United States, or
  another state or foreign country;
               (5)  to any party or person in accordance with Sections
  140A.107 and 140A.108;
               (6)  to a political subdivision of this state; or
               (7)  to a person authorized by the attorney general to
  receive the information.
         (c)  The attorney general may use information obtained in
  response to a demand, or any documentary material, product of
  discovery, or other record derived or created from the information
  as the attorney general determines necessary in the enforcement of
  this chapter, including presentation before court.
         Sec. 140A.063.  JURISDICTION. If a petition is filed in the
  district court in any county, the court has jurisdiction to hear and
  determine the matter presented and to enter any order required to
  implement this chapter. Any final order is subject to appeal.
  Failure to comply with any final order entered by a court under this
  chapter is punishable by the court as contempt of the order.
         Sec. 140A.064.  NONEXCLUSIVE PROCEDURES. Nothing in this
  chapter precludes the attorney general from using any procedure not
  specified in this chapter in conducting a racketeering
  investigation.
         SECTION 5.  Chapter 140A, Civil Practice and Remedies Code,
  is amended by adding Subchapter C and adding a subchapter heading to
  read as follows:
  SUBCHAPTER C. ENFORCEMENT
         SECTION 6.  Sections 140A.003 through 140A.013, Civil
  Practice and Remedies Code, are transferred to Subchapter C,
  Chapter 140A, Civil Practice and Remedies Code, as added by this
  Act, redesignated as Sections 140A.101 through 140A.111, Civil
  Practice and Remedies Code, and amended to read as follows:
         Sec. 140A.101 [140A.003].  SUIT TO ABATE RACKETEERING. (a)
  The attorney general may bring suit in the name of the state against
  a person or enterprise for racketeering and may seek civil
  penalties, costs, reasonable attorney's fees, and appropriate
  injunctive relief.
         (b)  This chapter does not authorize suit by a person or
  enterprise that sustains injury as a result of racketeering.
         (c)  A suit under this chapter must be brought in a district
  court in a county in which all or part of the alleged racketeering
  offense giving rise to the suit occurred.
         Sec. 140A.102 [140A.004].  INJUNCTIVE RELIEF; OTHER
  REMEDIES. (a) A court in which a proceeding is brought under this
  chapter may prevent, restrain, and remedy racketeering by issuing
  appropriate orders. The orders may include a temporary restraining
  order, a temporary or permanent injunction, the creation of a
  receivership, and the enforcement of a constructive trust in
  connection with any property or other interest, prejudgment writs
  of attachment under Chapter 61 for the purposes of freezing,
  preserving, and disgorging assets, or another order for a remedy or
  restraint the court considers proper.
         (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; or
               (8)  orders that property attached under Chapter 61 be
  used to satisfy an award of the court, including damages,
  penalties, costs, and fees.
         (c)  In determining the amount of a civil penalty ordered
  under Subsection (b)(6), the court shall consider:
               (1)  the seriousness of the racketeering offense and
  the consequent financial or personal harm to the state or to any
  identified victim; [and]
               (2)  the duration of the racketeering activity; and
               (3)  any other matter that justice requires.
         (d)  If any property attached under Chapter 61 is not
  necessary to satisfy an award of the court after a finding of
  liability for racketeering of the person or enterprise having an
  interest in the property, the court may order that the property be
  disgorged to the state to the extent of the person's or enterprise's
  interest. To be disgorged, the property must be acquired or
  maintained by the person or enterprise through racketeering.
         (e)  In determining the amount of damages ordered under
  Subsection (b)(7), the court shall consider:
               (1)  loss of tax revenue to the state;
               (2)  unpaid state unemployment taxes;
               (3)  unpaid state licensing and regulatory fees;
               (4)  medical and counseling costs incurred by the state
  on behalf of any victim of the racketeering; and
               (5)  other material damage caused to the state by the
  racketeering.
         (f)  Except as otherwise provided by this chapter, remedies
  and awards ordered by a court under this chapter, including costs
  and reasonable attorney's fees, may be assessed against and paid
  from money or property awarded under this chapter.
         (g)  This chapter is not intended to provide the exclusive
  remedy for the activity addressed by this chapter. A proceeding
  under this chapter may be brought in addition to or in the
  alternative of any other civil or criminal action available under
  the laws of this state.
         (h)  Notwithstanding any other provision in this chapter,
  Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a
  remedy under this section.
         (i)  A remedy under this section may not impair a security
  interest in property subject to a bona fide lien.
         Sec. 140A.103 [140A.005].  CONSTRUCTIVE TRUST. (a) A
  person or enterprise that, through racketeering, acquires property
  or prevents another person from receiving property that by law is
  required to be transferred or paid to that person is an involuntary
  trustee. The involuntary trustee or any other person or
  enterprise, other than a bona fide purchaser for value as described
  by Subsection (b), holds the property and the proceeds of the
  property in constructive trust for the benefit of any person
  entitled to remedies under this chapter.
         (b)  A bona fide purchaser for value who was reasonably
  without notice of unlawful conduct and who did not knowingly take
  part in an illegal transaction is not an involuntary trustee under
  Subsection (a) and is not subject to a constructive trust imposed
  under this chapter.
         Sec. 140A.104 [140A.006].  EVIDENCE. (a) In a proceeding
  under this chapter, the state bears the burden of proof by a
  preponderance of the evidence.
         (b)  A person convicted in a criminal proceeding is
  precluded, in a proceeding under this chapter, from subsequently
  denying the essential allegations of the criminal offense of which
  the person was convicted. For purposes of this subsection, a
  verdict or a plea, including a plea of nolo contendere, is
  considered a conviction.
         (c)  An individual may not be held liable under this chapter
  based on the conduct of another person unless the finder of fact
  finds by a preponderance of the evidence that the individual
  authorized, requested, commanded, participated in, ratified, or
  recklessly tolerated the unlawful conduct of the other person.
         (d)  An enterprise may not be held liable under this chapter
  based on the conduct of 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
  agent.
         (e)  A bank or savings and loan association insured by the
  Federal Deposit Insurance Corporation, a credit union insured by
  the National Credit Union Administration, or the holder of a money
  transmission license as defined by Chapter 151, Finance Code, may
  not be held liable in damages or for other relief under this
  chapter, unless the finder of fact finds by a preponderance of the
  evidence that the person or agent acquiring or maintaining an
  interest in or transporting, transacting, transferring, or
  receiving the funds on behalf of another did so knowing that the
  funds were the proceeds of an offense and that a director or high
  managerial agent performed, authorized, requested, commanded,
  participated in, ratified, or recklessly tolerated the unlawful
  conduct of the person or agent.
         Sec. 140A.105 [140A.007].  LIMITATIONS PERIOD. A
  proceeding may be commenced under this chapter only if the
  proceeding is filed on or before the seventh anniversary of the date
  on which the racketeering offense was actually discovered. This
  section supersedes any conflicting provision establishing a
  shorter period of limitations for the same conduct.
         Sec. 140A.106 [140A.008].  SPECIAL DOCKETING PROCEDURES.
  The attorney general may file with the clerk of the district court
  in which a proceeding is brought under this chapter a certificate
  stating that the case is of special public importance. The clerk
  must immediately furnish a copy of the certificate to the
  administrative judge of the district court of the county in which
  the proceeding is pending. On receiving the copy of the
  certificate, the administrative judge shall immediately designate
  a judge to hear and determine the proceeding. The designated judge
  shall promptly assign the proceeding for hearing, participate in
  hearings, make determinations, and cause the action to be
  expedited.
         Sec. 140A.107 [140A.009].  NOTICE TO LOCAL PROSECUTOR. (a)
  In a reasonable time before initiating suit or on initiating an
  investigation on racketeering, the attorney general shall provide
  notice to the district attorney, criminal district attorney, or
  county attorney with felony criminal jurisdiction that appears to
  have primary jurisdiction over the criminal prosecution of any
  target of an investigation under this chapter at the time of the
  notice concerning the attorney general's intent to file suit under
  this chapter or investigate racketeering, as applicable.
         (b)  The notices described by Subsection (a) must describe or
  otherwise identify the defendant to the suit or the suspect, as
  applicable.
         Sec. 140A.108 [140A.010].  COOPERATION WITH LOCAL
  PROSECUTOR. (a) A district attorney, criminal district attorney,
  or county attorney with felony criminal jurisdiction that receives
  notice under Section 140A.107 [140A.009] may notify the attorney
  general of a related pending criminal investigation or prosecution.
         (b)  Notification to the attorney general under Subsection
  (a) must be in writing and describe or otherwise identify the
  defendant or suspect in the criminal investigation or proceeding.
         (c)  On receipt of notice described by Subsection (a), the
  attorney general shall coordinate and cooperate with the district
  attorney, criminal district attorney, or county attorney with
  felony criminal jurisdiction to ensure that the filing of a suit
  under this chapter does not interfere with an ongoing criminal
  investigation or prosecution. The attorney general shall update
  the district attorney, criminal district attorney, or county
  attorney with felony criminal jurisdiction on matters affecting the
  suit or the investigation.
         Sec. 140A.109 [140A.011].  ABATEMENT OF SUIT. If the
  district attorney, criminal district attorney, or county attorney
  with felony criminal jurisdiction determines that a suit brought
  under this chapter would interfere with an ongoing criminal
  investigation or prosecution after notifying the attorney general
  of the investigation or prosecution under Section 140A.108
  [140A.010], the district attorney, criminal district attorney, or
  county attorney with felony criminal jurisdiction may request, in
  writing, that the attorney general abate the suit. On receipt of
  this request, the attorney general shall abate the suit.
         Sec. 140A.110 [140A.012].  DISPOSITION OF ASSETS. (a) An
  award issued in an action brought under this chapter must be paid in
  accordance with this section.
         (b)  After a deduction of any costs of suit, including
  reasonable attorney's fees and court costs, 80 percent of the
  amount of the award remaining must be paid to the state, and the
  remaining 20 percent must be paid, on a pro rata basis, to each law
  enforcement agency, district attorney's office, criminal district
  attorney's office, and office of a county attorney with felony
  criminal jurisdiction found by the court to have assisted in the
  suit.
         (c)  The first $10 million, after any costs of suit described
  by Subsection (b), that is paid to the state under this chapter in a
  fiscal year shall be dedicated to the compensation to victims of
  crime fund described by Article 56.54, Code of Criminal Procedure.
         Sec. 140A.111 [140A.013].  PREVIOUSLY SEIZED ASSETS.
  Notwithstanding another provision of this chapter, no remedies
  provided by this chapter may be assessed against proceeds,
  contraband, or other property over which a law enforcement agency
  has previously asserted jurisdiction under Chapter 59, Code of
  Criminal Procedure, at the time a suit under this chapter was filed.
         SECTION 7.  Article 45.0216(f), Code of Criminal Procedure,
  is amended to read as follows:
         (f)  The court shall order the conviction, together with all
  complaints, verdicts, sentences, and prosecutorial and law
  enforcement records, and any other documents relating to the
  offense, expunged from the person's record if the court finds that:
               (1)  for a person applying for the expunction of a
  conviction for an offense described by Section 8.07(a)(4) or (5),
  Penal Code, the person was not convicted of any other offense
  described by Section 8.07(a)(4) or (5), Penal Code, while the
  person was a child; and
               (2)  for a person applying for the expunction of a
  conviction for an offense described by Section 43.261, Penal Code,
  the person was not found to have engaged in conduct indicating a
  need for supervision described by Section 51.03(b)(6)
  [51.03(b)(7)], Family Code, while the person was a child.
         SECTION 8.  Article 56.32(a)(9), Code of Criminal Procedure,
  is amended to read as follows:
               (9)  "Pecuniary loss" means the amount of expense
  reasonably and necessarily incurred as a result of personal injury
  or death for:
                     (A)  medical, hospital, nursing, or psychiatric
  care or counseling, or physical therapy;
                     (B)  actual loss of past earnings and anticipated
  loss of future earnings and necessary travel expenses because of:
                           (i)  a disability resulting from the
  personal injury;
                           (ii)  the receipt of medically indicated
  services related to the disability resulting from the personal
  injury; or
                           (iii)  participation in or attendance at
  investigative, prosecutorial, or judicial processes related to the
  criminally injurious conduct and participation in or attendance at
  any postconviction or postadjudication proceeding relating to
  criminally injurious conduct;
                     (C)  care of a child or dependent, including
  specialized care for a child who is a victim;
                     (D)  funeral and burial expenses, including, for
  an immediate family member or household member of the victim, the
  necessary expenses of traveling to and attending the funeral;
                     (E)  loss of support to a dependent, consistent
  with Article 56.41(b)(5);
                     (F)  reasonable and necessary costs of cleaning
  the crime scene;
                     (G)  reasonable replacement costs for clothing,
  bedding, or property of the victim seized as evidence or rendered
  unusable as a result of the criminal investigation;
                     (H)  reasonable and necessary costs for
  relocation and housing rental assistance payments as provided by
  Article 56.42(d);
                     (I)  for an immediate family member or household
  member of a deceased victim, bereavement leave of not more than 10
  work days; and
                     (J)  reasonable and necessary costs of traveling
  to and from a place of execution for the purpose of witnessing the
  execution, including one night's lodging near the place at which
  the execution is conducted.
         SECTION 9.  Article 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), 21.11 (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 43.05 (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 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c-1)(3) [(c)(3)] 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), [or] (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), [or] (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; [or]
                     (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 10.  Article 62.101(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b) and Subchapter I,
  the duty to register for a person ends when the person dies if the
  person has a reportable conviction or adjudication, other than an
  adjudication of delinquent conduct, for:
               (1)  a sexually violent offense;
               (2)  an offense under Section 20A.02(a)(3), (4), (7),
  or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
               (3)  an offense under Section 20A.03, Penal Code, if
  based partly or wholly on conduct that constitutes an offense under
  Section 20A.02(a)(3), (4), (7), or (8) of that code;
               (4)  an offense under Section 21.11(a)(2), Penal Code,
  if before or after the person is convicted or adjudicated for the
  offense under Section 21.11(a)(2), Penal Code, the person receives
  or has received another reportable conviction or adjudication,
  other than an adjudication of delinquent conduct, for an offense or
  conduct that requires registration under this chapter;
               (5) [(4)]  an offense under Section 20.02, 20.03, or
  20.04, Penal Code, if:
                     (A)  the judgment in the case contains an
  affirmative finding under Article 42.015 or, for a deferred
  adjudication, the papers in the case contain an affirmative finding
  that the victim or intended victim was younger than 17 years of age;
  and
                     (B)  before or after the person is convicted or
  adjudicated for the offense under Section 20.02, 20.03, or 20.04,
  Penal Code, the person receives or has received another reportable
  conviction or adjudication, other than an adjudication of
  delinquent conduct, for an offense or conduct that requires
  registration under this chapter; or
               (6) [(5)]  an offense under Section 43.23, Penal Code,
  that is punishable under Subsection (h) of that section.
         SECTION 11.  Subchapter A, Chapter 130, Education Code, is
  amended by adding Section 130.0105 to read as follows:
         Sec. 130.0105.  COMMERCIAL DRIVER'S LICENSE TRAINING
  PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The Texas Higher
  Education Coordinating Board by rule shall require each public
  junior college offering a commercial driver's license training
  program to include as a part of that program education and training
  on the recognition and prevention of human trafficking.
         (b)  The Texas Higher Education Coordinating Board, in
  collaboration with the office of the attorney general, shall
  establish the content of the education and training required by
  this section. 
         SECTION 12.  Subchapter A, Chapter 132, Education Code, is
  amended by adding Section 132.006 to read as follows:
         Sec. 132.006.  COMMERCIAL DRIVER'S LICENSE TRAINING
  PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The commission by
  rule shall require each career school or college offering a
  commercial driver's license training program to include as a part
  of that program education and training on the recognition and
  prevention of human trafficking.
         (b)  The commission, in collaboration with the office of the
  attorney general, shall establish the content of the education and
  training required by this section.
  SECTION 13.  Section 51.03(b), Family Code, as amended by
  Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts
  of the 84th Legislature, Regular Session, 2015, is reenacted and
  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) [(6)]  notwithstanding Subsection (a)(1), conduct
  described by Section 43.02(a) or (b), Penal Code; or
               (6) [(7)]  notwithstanding Subsection (a)(1), conduct
  that violates Section 43.261, Penal Code.
         SECTION 14.  Section 51.13(e), Family Code, is amended to
  read as follows:
         (e)  A finding that a child engaged in conduct indicating a
  need for supervision as described by Section 51.03(b)(6)
  [51.03(b)(7)] is a conviction only for the purposes of Sections
  43.261(c) and (d), Penal Code.
         SECTION 15.  Section 54.0404(a), Family Code, is amended to
  read as follows:
         (a)  If a child is found to have engaged in conduct
  indicating a need for supervision described by Section 51.03(b)(6)
  [51.03(b)(7)], the juvenile court may enter an order requiring the
  child to attend and successfully complete an educational program
  described by Section 37.218, Education Code, or another equivalent
  educational program.
         SECTION 16.  Section 58.003(c-3), Family Code, is amended to
  read as follows:
         (c-3)  Notwithstanding Subsections (a) and (c) and subject
  to Subsection (b), a juvenile court, on the court's own motion and
  without a hearing, shall order the sealing of records concerning a
  child found to have engaged in conduct indicating a need for
  supervision described by Section 51.03(b)(5) [51.03(b)(6)] or
  taken into custody to determine whether the child engaged in
  conduct indicating a need for supervision described by Section
  51.03(b)(5) [51.03(b)(6)].  This subsection applies only to
  records related to conduct indicating a need for supervision
  described by Section 51.03(b)(5) [51.03(b)(6)].
         SECTION 17.  Section 23.101(a), Government Code, is amended
  to read as follows:
         (a)  The trial courts of this state shall regularly and
  frequently set hearings and trials of pending matters, giving
  preference to hearings and trials of the following:
               (1)  temporary injunctions;
               (2)  criminal actions, with the following actions given
  preference over other criminal actions:
                     (A)  criminal actions against defendants who are
  detained in jail pending trial;
                     (B)  criminal actions involving a charge that a
  person committed an act of family violence, as defined by Section
  71.004, Family Code;
                     (C)  an offense under:
                           (i)  Section 21.02 or 21.11, Penal Code;
                           (ii)  Chapter 22, Penal Code, if the victim
  of the alleged offense is younger than 17 years of age;
                           (iii)  Section 25.02, Penal Code, if the
  victim of the alleged offense is younger than 17 years of age;
                           (iv)  Section 25.06, Penal Code;
                           (v)  Section 43.25, Penal Code; or
                           (vi)  Section 20A.02(a)(7), 20A.02(a)(8),
  or 20A.03, Penal Code;
                     (D)  an offense described by Article 62.001(6)(C)
  or (D), Code of Criminal Procedure; and
                     (E)  criminal actions against persons who are
  detained as provided by Section 51.12, Family Code, after transfer
  for prosecution in criminal court under Section 54.02, Family Code;
               (3)  election contests and suits under the Election
  Code;
               (4)  orders for the protection of the family under
  Subtitle B, Title 4, Family Code;
               (5)  appeals of final rulings and decisions of the
  division of workers' compensation of the Texas Department of
  Insurance regarding workers' compensation claims and claims under
  the Federal Employers' Liability Act and the Jones Act;
               (6)  appeals of final orders of the commissioner of the
  General Land Office under Section 51.3021, Natural Resources Code;
               (7)  actions in which the claimant has been diagnosed
  with malignant mesothelioma, other malignant asbestos-related
  cancer, malignant silica-related cancer, or acute silicosis; and
               (8)  appeals brought under Section 42.01 or 42.015, Tax
  Code, of orders of appraisal review boards of appraisal districts
  established for counties with a population of less than 175,000.
         SECTION 18.  Section 126.002(a), Government Code, as
  transferred and redesignated from Section 169A.002, Health and
  Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts
  of the 84th Legislature, Regular Session, 2015, and as amended by
  Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted to read as
  follows:
         (a)  The commissioners court of a county or governing body of
  a municipality may establish a commercially sexually exploited
  persons court program for defendants charged with an offense under
  Section 43.02(a), Penal Code.
  SECTION 19.  Section 402.035(c), Government Code, as amended
  by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. 1549), Acts
  of the 84th Legislature, Regular Session, 2015, is reenacted and
  amended to read as follows:
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services or the commissioner's designee;
               (6)  the public safety director of the Department of
  Public Safety or the director's designee;
               (7)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  the Texas Juvenile Justice Department;
                     (D)  the Texas Education Agency;
                     (E) [(D)]  the Texas Alcoholic Beverage
  Commission;
                     (F)  the [Texas] Parks and Wildlife Department;
  [and]
                     (G)  the Supreme Court of Texas Permanent Judicial
  Commission for Children, Youth and Families;
                     (H)  the Texas Department of Licensing and
  Regulation;
                     (I)  the Office of Court Administration of the
  Texas Judicial System;
                     (J)  the office of the secretary of state; and
                     (K)  the Texas Commission on Law Enforcement; and
               (8)  as appointed by the attorney general:
                     (A)  a chief public defender employed by a public
  defender's office, as defined by Article 26.044(a), Code of
  Criminal Procedure, or an attorney designated by the chief public
  defender;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association;
                           (iii)  a state police association; and
                           (iv)  a statewide medical association;
                     (D)  representatives of sheriff's departments;
                     (E)  representatives of local law enforcement
  agencies affected by human trafficking; and
                     (F)  representatives of nongovernmental entities
  making comprehensive efforts to combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; or
                           (v)  engaging in other activities designed
  to prevent human trafficking.
         SECTION 20.  Section 402.035(d), Government Code, as amended
  by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted and 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 [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 under Section
  43.02(c-1)(3) [43.02(c)(3)], 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; [and]
               (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 prostitution with victims younger than 18 years of age; and
               (13) [(12)]  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 21.  Section 81.046(d), Health and Safety Code, is
  amended to read as follows:
         (d)  In a case of sexually transmitted disease involving a
  minor under 14 [13] years of age, information may not be released,
  except that the child's name, age, and address and the name of the
  disease may be released to appropriate agents as required by
  Chapter 261, Family Code. This subsection does not affect a
  person's duty to report child abuse or neglect under Subchapter B,
  Chapter 261, Family Code, except that information made confidential
  by this chapter may not be released.  If that information is
  required in a court proceeding involving child abuse, the
  information shall be disclosed in camera.
         SECTION 22.  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 actor
  commits] the offense; or
               (2)  the commission of the offense results in the death
  of the person who is trafficked.
         SECTION 23.  Section 21.02(b), Penal Code, is amended to
  read as follows:
         (b)  A person commits an offense if:
               (1)  during a period that is 30 or more days in
  duration, the person commits two or more acts of sexual abuse,
  regardless of whether the acts of sexual abuse are committed
  against one or more victims; and
               (2)  at the time of the commission of each of the acts
  of sexual abuse, the actor is 17 years of age or older and the victim
  is a child younger than 14 years of age, regardless of whether the
  actor knows the age of the victim at the time of the offense.
         SECTION 24.  Section 21.11(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, with a child younger
  than 17 years of age, whether the child is of the same or opposite
  sex and regardless of whether the person knows the age of the child
  at the time of the offense, the person:
               (1)  engages in sexual contact with the child or causes
  the child to engage in sexual contact; or
               (2)  with intent to arouse or gratify the sexual desire
  of any person:
                     (A)  exposes the person's anus or any part of the
  person's genitals, knowing the child is present; or
                     (B)  causes the child to expose the child's anus
  or any part of the child's genitals.
         SECTION 25.  Section 22.011(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if [the person]:
               (1)  the person intentionally or knowingly:
                     (A)  causes the penetration of the anus or sexual
  organ of another person by any means, without that person's
  consent;
                     (B)  causes the penetration of the mouth of
  another person by the sexual organ of the actor, without that
  person's consent; or
                     (C)  causes the sexual organ of another person,
  without that person's consent, to contact or penetrate the mouth,
  anus, or sexual organ of another person, including the actor; or
               (2)  regardless of whether the person knows the age of
  the child at the time of the offense, the person intentionally or
  knowingly:
                     (A)  causes the penetration of the anus or sexual
  organ of a child by any means;
                     (B)  causes the penetration of the mouth of a
  child by the sexual organ of the actor;
                     (C)  causes the sexual organ of a child to contact
  or penetrate the mouth, anus, or sexual organ of another person,
  including the actor;
                     (D)  causes the anus of a child to contact the
  mouth, anus, or sexual organ of another person, including the
  actor; or
                     (E)  causes the mouth of a child to contact the
  anus or sexual organ of another person, including the actor.
         SECTION 26.  Section 22.021(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense:
               (1)  if the person:
                     (A)  intentionally or knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of another person by any means, without that person's
  consent;
                           (ii)  causes the penetration of the mouth of
  another person by the sexual organ of the actor, without that
  person's consent; or
                           (iii)  causes the sexual organ of another
  person, without that person's consent, to contact or penetrate the
  mouth, anus, or sexual organ of another person, including the
  actor; or
                     (B)  regardless of whether the person knows the
  age of the child at the time of the offense, intentionally or
  knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of a child by any means;
                           (ii)  causes the penetration of the mouth of
  a child by the sexual organ of the actor;
                           (iii)  causes the sexual organ of a child to
  contact or penetrate the mouth, anus, or sexual organ of another
  person, including the actor;
                           (iv)  causes the anus of a child to contact
  the mouth, anus, or sexual organ of another person, including the
  actor; or
                           (v)  causes the mouth of a child to contact
  the anus or sexual organ of another person, including the actor; and
               (2)  if:
                     (A)  the person:
                           (i)  causes serious bodily injury or
  attempts to cause the death of the victim or another person in the
  course of the same criminal episode;
                           (ii)  by acts or words places the victim in
  fear that any person will become the victim of an offense under
  Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
  bodily injury, or kidnapping will be imminently inflicted on any
  person;
                           (iii)  by acts or words occurring in the
  presence of the victim threatens to cause any person to become the
  victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
  to cause the death, serious bodily injury, or kidnapping of any
  person;
                           (iv)  uses or exhibits a deadly weapon in the
  course of the same criminal episode;
                           (v)  acts in concert with another who
  engages in conduct described by Subdivision (1) directed toward the
  same victim and occurring during the course of the same criminal
  episode; or
                           (vi)  administers or provides
  flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
  or ketamine to the victim of the offense with the intent of
  facilitating the commission of the offense;
                     (B)  the victim is younger than 14 years of age,
  regardless of whether the person knows the age of the victim at the
  time of the offense; or
                     (C)  the victim is an elderly individual or a
  disabled individual.
         SECTION 27.  Section 43.01, Penal Code, is amended by adding
  Subdivision (1-a) to read as follows:
               (1-a)  "Fee" means the payment or offer of payment in
  the form of money, goods, services, or other benefit.
         SECTION 28.  Sections 43.02(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if[, in return for receipt
  of a fee,] the person knowingly offers or agrees to receive a fee
  from another to engage in sexual conduct[:
               [(1)     offers to engage, agrees to engage, or engages in
  sexual conduct; or
               [(2)     solicits another in a public place to engage with
  the actor in sexual conduct for hire].
         (b)  A person commits an offense if[, based on the payment of
  a fee by the actor or another person on behalf of the actor,] the
  person knowingly offers or agrees to pay a fee to another person for
  the purpose of engaging in sexual conduct with that person or
  another[:
               [(1)     offers to engage, agrees to engage, or engages in
  sexual conduct; or
               [(2)     solicits another in a public place to engage with
  the actor in sexual conduct for hire].
         SECTION 29.  Section 43.02, Penal Code, as amended by
  Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
  Legislature, Regular Session, 2015, is amended by reenacting
  Subsection (c) and reenacting and amending Subsection (c-1) to read
  as follows:
         (c)  An offense under Subsection (a) is a Class B
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under Subsection (a);
  or
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under Subsection
  (a).
         (c-1)  An offense under Subsection (b) is a Class B
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under Subsection (b);
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under Subsection
  (b); or
               (3)  a felony of the second degree if the person with
  whom the actor agrees to engage in sexual conduct [solicited] is:
                     (A)  younger than 18 years of age, regardless of
  whether the actor knows the age of the person [solicited] at the
  time of [the actor commits] 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 43.03(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under this section is a state jail felony
  [Class A misdemeanor], except that the offense is:
               (1)  a felony of the third degree [state jail felony] if
  the actor has been previously convicted of an offense under this
  section; or
               (2)  a felony of the second degree if the actor engages
  in conduct described by Subsection (a)(1) or (2) involving a person
  younger than 18 years of age engaging in prostitution, regardless
  of whether the actor knows the age of the person at the time of [the
  actor commits] the offense.
         SECTION 31.  Section 43.04(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under this section is a felony of the second
  [third] degree, except that the offense is a felony of the first
  degree if the prostitution enterprise uses as a prostitute one or
  more persons younger than 18 years of age, regardless of whether the
  actor knows the age of the person at the time of [the actor commits]
  the offense.
         SECTION 32.  Section 43.05(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  causes another by force, threat, or fraud to
  commit prostitution; or
               (2)  causes by any means a child younger than 18 years
  to commit prostitution, regardless of whether the actor knows the
  age of the child at the time of [the actor commits] the offense.
         SECTION 33.  Section 43.25, Penal Code, is amended by
  amending Subsections (c) and (e) and adding Subsection (h) to read
  as follows:
         (c)  An offense under Subsection (b) is a felony of the
  second degree, except that the offense is a felony of the first
  degree if the victim is younger than 14 years of age at the time the
  offense is committed, regardless of whether the actor knows the age
  of the victim at the time of the offense.
         (e)  An offense under Subsection (d) is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the victim is younger than 14 years of age at the time the offense is
  committed, regardless of whether the actor knows the age of the
  victim at the time of the offense.
         (h)  Conduct under this section constitutes an offense
  regardless of whether the actor knows the age of the victim at the
  time of the offense.
         SECTION 34.  Section 43.251, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (d) 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, regardless of whether the actor knows the age of the
  child at the time of the offense.
         (d)  Conduct under this section constitutes an offense
  regardless of whether the actor knows the age of the child at the
  time of the offense.
         SECTION 35.  The following laws are repealed:
               (1)  Section 402.035(h), Government Code; and
               (2)  Section 43.02(b-1), Penal Code.
         SECTION 36.  (a)  Except as provided by Subsection (b) of
  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 subsection, an offense was committed before the effective date
  of this Act if any element of the offense occurred before that date.
         (b)  The changes in law made by this Act in amending Chapter
  62, Code of Criminal Procedure, apply only to a person who is
  required to register under Chapter 62, Code of Criminal Procedure,
  on the basis of a conviction or adjudication for or based on an
  offense committed on or after the effective date of this Act. A
  person who is required to register under Chapter 62, Code of
  Criminal Procedure, solely on the basis of a conviction or
  adjudication for or based on 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 subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 37.  (a)  Not later than December 1, 2017, the Texas
  Higher Education Coordinating Board shall adopt rules necessary to
  implement Section 130.0105, Education Code, as added by this Act.
         (b)  Not later than December 1, 2017, the Texas Workforce
  Commission shall adopt rules necessary to implement Section
  132.006, Education Code, as added by this Act.
         SECTION 38.  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 39.  This Act takes effect September 1, 2017.
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