Bill Text: TX HB29 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prevention, investigation, and 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 criminal penalties; creating criminal offenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - See remarks for effective date [HB29 Detail]
Download: Texas-2017-HB29-Introduced.html
Bill Title: Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prevention, investigation, and 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 criminal penalties; creating criminal offenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - See remarks for effective date [HB29 Detail]
Download: Texas-2017-HB29-Introduced.html
85R12306 LHC-D | ||
By: Thompson of Harris | H.B. No. 29 |
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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 [ |
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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 [ |
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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; [ |
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(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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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PROSECUTOR. (a) A district attorney, criminal district attorney, | ||
or county attorney with felony criminal jurisdiction that receives | ||
notice under Section 140A.107 [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
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 [ |
||
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) | ||
[ |
||
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) 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), [ |
||
(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), [ |
||
deferred adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; [ |
||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code; or | ||
(L) a violation of Section 20A.03 (Continuous | ||
trafficking of persons), Penal Code, if the offense is based partly | ||
or wholly on conduct that constitutes an offense under Section | ||
20A.02(a)(3), (4), (7), or (8) of that code. | ||
SECTION 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) [ |
||
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) [ |
||
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) [ |
||
described by Section 43.02(a) or (b), Penal Code; or | ||
(6) [ |
||
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) | ||
[ |
||
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) | ||
[ |
||
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) [ |
||
taken into custody to determine whether the child engaged in | ||
conduct indicating a need for supervision described by Section | ||
51.03(b)(5) [ |
||
records related to conduct indicating a need for supervision | ||
described by Section 51.03(b)(5) [ |
||
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) [ |
||
Commission; | ||
(F) the [ |
||
[ |
||
(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 [ |
||
|
||
(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) [ |
||
offense was committed as part of a criminal episode involving the | ||
trafficking of persons; | ||
(B) demographic information on persons who are | ||
convicted of offenses described by Paragraph (A) and persons who | ||
are the victims of those offenses; | ||
(C) geographic routes by which human trafficking | ||
victims are trafficked, including routes by which victims are | ||
trafficked across this state's international border, and | ||
geographic patterns in human trafficking, including the country or | ||
state of origin and the country or state of destination; | ||
(D) means of transportation and methods used by | ||
persons who engage in trafficking to transport their victims; and | ||
(E) social and economic factors that create a | ||
demand for the labor or services that victims of human trafficking | ||
are forced to provide; | ||
(5) work with the Texas Commission on Law Enforcement | ||
to develop and conduct training for law enforcement personnel, | ||
victim service providers, and medical service providers to identify | ||
victims of human trafficking; | ||
(6) work with the Texas Education Agency, the | ||
Department of Family and Protective Services, and the Health and | ||
Human Services Commission to: | ||
(A) develop a list of key indicators that a | ||
person is a victim of human trafficking; | ||
(B) develop a standardized curriculum for | ||
training doctors, nurses, emergency medical services personnel, | ||
teachers, school counselors, school administrators, and personnel | ||
from the Department of Family and Protective Services and the | ||
Health and Human Services Commission to identify and assist victims | ||
of human trafficking; | ||
(C) train doctors, nurses, emergency medical | ||
services personnel, teachers, school counselors, school | ||
administrators, and personnel from the Department of Family and | ||
Protective Services and the Health and Human Services Commission to | ||
identify and assist victims of human trafficking; | ||
(D) develop and conduct training for personnel | ||
from the Department of Family and Protective Services and the | ||
Health and Human Services Commission on methods for identifying | ||
children in foster care who may be at risk of becoming victims of | ||
human trafficking; and | ||
(E) develop a process for referring identified | ||
human trafficking victims and individuals at risk of becoming | ||
victims to appropriate entities for services; | ||
(7) on the request of a judge of a county court, county | ||
court at law, or district court or a county attorney, district | ||
attorney, or criminal district attorney, assist and train the judge | ||
or the judge's staff or the attorney or the attorney's staff in the | ||
recognition and prevention of human trafficking; | ||
(8) examine training protocols related to human | ||
trafficking issues, as developed and implemented by federal, state, | ||
and local law enforcement agencies; | ||
(9) collaborate with state and local governmental | ||
agencies, political subdivisions of the state, and nongovernmental | ||
organizations to implement a media awareness campaign in | ||
communities affected by human trafficking; | ||
(10) develop recommendations on how to strengthen | ||
state and local efforts to prevent human trafficking, protect and | ||
assist human trafficking victims, curb markets and other economic | ||
avenues that facilitate human trafficking and investigate and | ||
prosecute human trafficking offenders; | ||
(11) examine the extent to which human trafficking is | ||
associated with the operation of sexually oriented businesses, as | ||
defined by Section 243.002, Local Government Code, and the | ||
workplace or public health concerns that are created by the | ||
association of human trafficking and the operation of sexually | ||
oriented businesses; [ |
||
(12) develop recommendations for addressing the | ||
demand for forced labor or services or sexual conduct involving | ||
victims of human trafficking, including recommendations for | ||
increased penalties for individuals who engage or attempt to engage | ||
in prostitution with victims younger than 18 years of age; and | ||
(13) [ |
||
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 [ |
||
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 [ |
||
|
||
(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 [ |
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(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[ |
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from another to engage in sexual conduct[ |
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[ |
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[ |
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(b) A person commits an offense if[ |
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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[ |
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[ |
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[ |
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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 [ |
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(A) younger than 18 years of age, regardless of | ||
whether the actor knows the age of the person [ |
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time of [ |
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(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 | ||
[ |
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(1) a felony of the third degree [ |
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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 [ |
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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 | ||
[ |
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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 [ |
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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 [ |
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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. |