87R8206 ADM-F
	By: Meyer	H.B. No. 3110

	A BILL TO BE ENTITLED
	AN ACT
	relating to possession or promotion of child sexual abuse material;
	increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE MATERIAL
	SECTION 1.01.  The heading to Section 43.26, Penal Code, is
	amended to read as follows:
	Sec. 43.26.  POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE
	MATERIAL [PORNOGRAPHY].
	SECTION 1.02.  Section 43.26, Penal Code, is amended by
	amending Subsections (d) and (g) and adding Subsection (g-1) to
	read as follows:
	(d)  An offense under Subsection (a) is a felony of the
	second [third] degree, except that the offense is[:
	[(1) a felony of the second degree if it is shown on the
	trial of the offense that the person has been previously convicted
	one time of an offense under that subsection; and
	[(2)] a felony of the first degree if it is shown on the
	trial of the offense that the person has been previously convicted
	[two or more times] of an offense under that subsection.
	(g)  Except as provided by Subsection (g-1), an [An] offense
	under Subsection (e) is a felony of the second degree with a minimum
	term of imprisonment of five years.
	(g-1)  An offense under Subsection (e) [, except that the
	offense] is a felony of the first degree if it is shown on the trial
	of the offense that the person has been previously convicted of an
	offense under that subsection.
	ARTICLE 2. CONFORMING AMENDMENTS
	SECTION 2.01.  The heading to Chapter 110, Business &
	Commerce Code, is amended to read as follows:
	CHAPTER 110. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD SEXUAL
	ABUSE MATERIAL [PORNOGRAPHY]
	SECTION 2.02.  Section 110.001(1), Business & Commerce Code,
	is amended to read as follows:
	(1)  "Child sexual abuse material [pornography]" means
	an image of a child engaging in sexual conduct or sexual
	performance.
	SECTION 2.03.  The heading to Section 110.002, Business &
	Commerce Code, is amended to read as follows:
	Sec. 110.002.  REPORTING OF IMAGES OF CHILD SEXUAL ABUSE
	MATERIAL [PORNOGRAPHY].
	SECTION 2.04.  Sections 110.002(a) and (c), Business &
	Commerce Code, are amended to read as follows:
	(a)  A computer technician who, in the course and scope of
	employment or business, views an image on a computer that is or
	appears to be child sexual abuse material [pornography] shall
	immediately report the discovery of the image to a local or state
	law enforcement agency or the Cyber Tipline at the National Center
	for Missing and Exploited Children. The report must include the
	name and address of the owner or person claiming a right to
	possession of the computer, if known, and as permitted by federal
	law.
	(c)  A telecommunications provider, commercial mobile
	service provider, or information service provider may not be held
	liable under this chapter for the failure to report child sexual
	abuse material [pornography] that is transmitted or stored by a
	user of the service.
	SECTION 2.05.  Section 110.003(b), Business & Commerce Code,
	is amended to read as follows:
	(b)  It is a defense to prosecution under this section that
	the actor did not report the discovery of an image of child sexual
	abuse material [pornography] because the child in the image
	appeared to be at least 18 years of age.
	SECTION 2.06.  Articles 18.18(a), (b), (e), (f), (g), and
	(h), Code of Criminal Procedure, are amended to read as follows:
	(a)  Following the final conviction of a person for
	possession of a gambling device or equipment, altered gambling
	equipment, or gambling paraphernalia, for an offense involving a
	criminal instrument, for an offense involving an obscene device or
	material, for an offense involving child sexual abuse material
	[pornography], or for an offense involving a scanning device or
	re-encoder, the court entering the judgment of conviction shall
	order that the machine, device, gambling equipment or gambling
	paraphernalia, instrument, obscene device or material, child
	sexual abuse material [pornography], or scanning device or
	re-encoder be destroyed or forfeited to the state. Not later than
	the 30th day after the final conviction of a person for an offense
	involving a prohibited weapon, the court entering the judgment of
	conviction on its own motion, on the motion of the prosecuting
	attorney in the case, or on the motion of the law enforcement agency
	initiating the complaint on notice to the prosecuting attorney in
	the case if the prosecutor fails to move for the order shall order
	that the prohibited weapon be destroyed or forfeited to the law
	enforcement agency that initiated the complaint. If the court fails
	to enter the order within the time required by this subsection, any
	magistrate in the county in which the offense occurred may enter the
	order. Following the final conviction of a person for an offense
	involving dog fighting, the court entering the judgment of
	conviction shall order that any dog-fighting equipment be destroyed
	or forfeited to the state. Destruction of dogs, if necessary, must
	be carried out by a veterinarian licensed in this state or, if one
	is not available, by trained personnel of a humane society or an
	animal shelter. If forfeited, the court shall order the contraband
	delivered to the state, any political subdivision of the state, or
	to any state institution or agency. If gambling proceeds were
	seized, the court shall order them forfeited to the state and shall
	transmit them to the grand jury of the county in which they were
	seized for use in investigating alleged violations of the Penal
	Code, or to the state, any political subdivision of the state, or to
	any state institution or agency.
	(b)  If there is no prosecution or conviction following
	seizure, the magistrate to whom the return was made shall notify in
	writing the person found in possession of the alleged gambling
	device or equipment, altered gambling equipment or gambling
	paraphernalia, gambling proceeds, prohibited weapon, obscene
	device or material, child sexual abuse material [pornography],
	scanning device or re-encoder, criminal instrument, or
	dog-fighting equipment to show cause why the property seized should
	not be destroyed or the proceeds forfeited. The magistrate, on the
	motion of the law enforcement agency seizing a prohibited weapon,
	shall order the weapon destroyed or forfeited to the law
	enforcement agency seizing the weapon, unless a person shows cause
	as to why the prohibited weapon should not be destroyed or
	forfeited. A law enforcement agency shall make a motion under this
	subsection [section] in a timely manner after the time at which the
	agency is informed in writing by the attorney representing the
	state that no prosecution will arise from the seizure.
	(e)  Any person interested in the alleged gambling device or
	equipment, altered gambling equipment or gambling paraphernalia,
	gambling proceeds, prohibited weapon, obscene device or material,
	child sexual abuse material [pornography], scanning device or
	re-encoder, criminal instrument, or dog-fighting equipment seized
	must appear before the magistrate on the 20th day following the date
	the notice was mailed or posted. Failure to timely appear forfeits
	any interest the person may have in the property or proceeds seized,
	and no person after failing to timely appear may contest
	destruction or forfeiture.
	(f)  If a person timely appears to show cause why the
	property or proceeds should not be destroyed or forfeited, the
	magistrate shall conduct a hearing on the issue and determine the
	nature of property or proceeds and the person's interest therein.
	Unless the person proves by a preponderance of the evidence that the
	property or proceeds is not gambling equipment, altered gambling
	equipment, gambling paraphernalia, gambling device, gambling
	proceeds, prohibited weapon, obscene device or material, child
	sexual abuse material [pornography], criminal instrument, scanning
	device or re-encoder, or dog-fighting equipment and that the person
	[he] is entitled to possession, the magistrate shall dispose of the
	property or proceeds in accordance with Subsection [Paragraph] (a)
	[of this article].
	(g)  For purposes of this article:
	(1)  "criminal instrument" has the meaning defined in
	the Penal Code;
	(2)  "gambling device or equipment, altered gambling
	equipment or gambling paraphernalia" has the meaning defined in the
	Penal Code;
	(3)  "prohibited weapon" has the meaning defined in the
	Penal Code;
	(4)  "dog-fighting equipment" means:
	(A)  equipment used for training or handling a
	fighting dog, including a harness, treadmill, cage, decoy, pen,
	house for keeping a fighting dog, feeding apparatus, or training
	pen;
	(B)  equipment used for transporting a fighting
	dog, including any automobile[,] or other vehicle, and its
	appurtenances which are intended to be used as a vehicle for
	transporting a fighting dog;
	(C)  equipment used to promote or advertise an
	exhibition of dog fighting, including a printing press or similar
	equipment, paper, ink, or photography equipment; or
	(D)  a dog trained, being trained, or intended to
	be used to fight with another dog;
	(5)  "obscene device" and "obscene" have the meanings
	assigned by Section 43.21, Penal Code;
	(6)  "re-encoder" has the meaning assigned by Section
	522.001, Business & Commerce Code;
	(7)  "scanning device" has the meaning assigned by
	Section 522.001, Business & Commerce Code; and
	(8)  "obscene material" and "child sexual abuse
	material [pornography]" include digital images and the media and
	equipment on which those images are stored.
	(h)  No provider of an electronic communication service or of
	a remote computing service to the public shall be held liable for an
	offense involving obscene material or child sexual abuse material
	[pornography] under this article [section] on account of any action
	taken in good faith in providing that service.
	SECTION 2.07.  Section 2(a), Article 38.37, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  Subsection (b) applies only to the trial of a defendant
	for:
	(1)  an offense under any of the following provisions
	of the Penal Code:
	(A)  Section 20A.02, if punishable as a felony of
	the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
	Child);
	(B)  Section 21.02 (Continuous Sexual Abuse of
	Young Child or Children);
	(C)  Section 21.11 (Indecency With a Child);
	(D)  Section 22.011(a)(2) (Sexual Assault of a
	Child);
	(E)  Sections 22.021(a)(1)(B) and (2) (Aggravated
	Sexual Assault of a Child);
	(F)  Section 33.021 (Online Solicitation of a
	Minor);
	(G)  Section 43.25 (Sexual Performance by a
	Child); or
	(H)  Section 43.26 (Possession or Promotion of
	Child Sexual Abuse Material [Pornography]), Penal Code; or
	(2)  an attempt or conspiracy to commit an offense
	described by Subdivision (1).
	SECTION 2.08.  Article 38.45(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  During the course of a criminal hearing or proceeding,
	the court may not make available or allow to be made available for
	copying or dissemination to the public property or material:
	(1)  that constitutes child sexual abuse material
	[pornography], as described by Section 43.26(a)(1), Penal Code;
	(2)  the promotion or possession of which is prohibited
	under Section 43.261, Penal Code; or
	(3)  that is described by Section 2 or 5, Article
	38.071, of this code.
	SECTION 2.09.  Article 39.15(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  In the manner provided by this article, a court shall
	allow discovery under Article 39.14 of property or material:
	(1)  that constitutes child sexual abuse material
	[pornography], as described by Section 43.26(a)(1), Penal Code;
	(2)  the promotion or possession of which is prohibited
	under Section 43.261, Penal Code; or
	(3)  that is described by Section 2 or 5, Article
	38.071, of this code.
	SECTION 2.10.  Article 42A.251(2), Code of Criminal
	Procedure, is amended to read as follows:
	(2)  "Sex offender" means a person who has been
	convicted of, or has entered a plea of guilty or nolo contendere
	for, an offense under any one of the following provisions of the
	Penal Code:
	(A)  Section 20.04(a)(4) (Aggravated Kidnapping),
	if the person committed the offense with the intent to violate or
	abuse the victim sexually;
	(B)  Section 21.08 (Indecent Exposure);
	(C)  Section 21.11 (Indecency with a Child);
	(D)  Section 22.011 (Sexual Assault);
	(E)  Section 22.021 (Aggravated Sexual Assault);
	(F)  Section 25.02 (Prohibited Sexual Conduct);
	(G)  Section 30.02 (Burglary), if:
	(i)  the offense is punishable under
	Subsection (d) of that section; and
	(ii)  the person committed the offense with
	the intent to commit a felony listed in this subdivision;
	(H)  Section 43.25 (Sexual Performance by a
	Child); or
	(I)  Section 43.26 (Possession or Promotion of
	Child Sexual Abuse Material [Pornography]).
	SECTION 2.11.  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), 21.09 (Bestiality), 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 43.04 (Aggravated
	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
	(Sexual performance by a child), or 43.26 (Possession or promotion
	of child sexual abuse material [pornography]), Penal Code;
	(B-1)  a violation of Section 43.02
	(Prostitution), Penal Code, if the offense is punishable under
	Subsection (c-1)(2) 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), (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), (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;
	(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 2.12.  Section 201.062(a), Estates Code, is amended
	to read as follows:
	(a)  A probate court may enter an order declaring that the
	parent of a child under 18 years of age may not inherit from or
	through the child under the laws of descent and distribution if the
	court finds by clear and convincing evidence that the parent has:
	(1)  voluntarily abandoned and failed to support the
	child in accordance with the parent's obligation or ability for at
	least three years before the date of the child's death, and did not
	resume support for the child before that date;
	(2)  voluntarily and with knowledge of the pregnancy:
	(A)  abandoned the child's mother beginning at a
	time during her pregnancy with the child and continuing through the
	birth;
	(B)  failed to provide adequate support or medical
	care for the mother during the period of abandonment before the
	child's birth; and
	(C)  remained apart from and failed to support the
	child since birth; or
	(3)  been convicted or has been placed on community
	supervision, including deferred adjudication community
	supervision, for being criminally responsible for the death or
	serious injury of a child under the following sections of the Penal
	Code or adjudicated under Title 3, Family Code, for conduct that
	caused the death or serious injury of a child and that would
	constitute a violation of one of the following sections of the Penal
	Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 21.11 (indecency with a child);
	(E)  Section 22.01 (assault);
	(F)  Section 22.011 (sexual assault);
	(G)  Section 22.02 (aggravated assault);
	(H)  Section 22.021 (aggravated sexual assault);
	(I)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(J)  Section 22.041 (abandoning or endangering
	child);
	(K)  Section 25.02 (prohibited sexual conduct);
	(L)  Section 43.25 (sexual performance by a
	child); or
	(M)  Section 43.26 (possession or promotion of
	child sexual abuse material [pornography]).
	SECTION 2.13.  Section 161.001(b), Family Code, is amended
	to read as follows:
	(b)  The court may order termination of the parent-child
	relationship if the court finds by clear and convincing evidence:
	(1)  that the parent has:
	(A)  voluntarily left the child alone or in the
	possession of another not the parent and expressed an intent not to
	return;
	(B)  voluntarily left the child alone or in the
	possession of another not the parent without expressing an intent
	to return, without providing for the adequate support of the child,
	and remained away for a period of at least three months;
	(C)  voluntarily left the child alone or in the
	possession of another without providing adequate support of the
	child and remained away for a period of at least six months;
	(D)  knowingly placed or knowingly allowed the
	child to remain in conditions or surroundings which endanger the
	physical or emotional well-being of the child;
	(E)  engaged in conduct or knowingly placed the
	child with persons who engaged in conduct which endangers the
	physical or emotional well-being of the child;
	(F)  failed to support the child in accordance
	with the parent's ability during a period of one year ending within
	six months of the date of the filing of the petition;
	(G)  abandoned the child without identifying the
	child or furnishing means of identification, and the child's
	identity cannot be ascertained by the exercise of reasonable
	diligence;
	(H)  voluntarily, and with knowledge of the
	pregnancy, abandoned the mother of the child beginning at a time
	during her pregnancy with the child and continuing through the
	birth, failed to provide adequate support or medical care for the
	mother during the period of abandonment before the birth of the
	child, and remained apart from the child or failed to support the
	child since the birth;
	(I)  contumaciously refused to submit to a
	reasonable and lawful order of a court under Subchapter D, Chapter
	261;
	(J)  been the major cause of:
	(i)  the failure of the child to be enrolled
	in school as required by the Education Code; or
	(ii)  the child's absence from the child's
	home without the consent of the parents or guardian for a
	substantial length of time or without the intent to return;
	(K)  executed before or after the suit is filed an
	unrevoked or irrevocable affidavit of relinquishment of parental
	rights as provided by this chapter;
	(L)  been convicted or has been placed on
	community supervision, including deferred adjudication community
	supervision, for being criminally responsible for the death or
	serious injury of a child under the following sections of the Penal
	Code, or under a law of another jurisdiction that contains elements
	that are substantially similar to the elements of an offense under
	one of the following Penal Code sections, or adjudicated under
	Title 3 for conduct that caused the death or serious injury of a
	child and that would constitute a violation of one of the following
	Penal Code sections:
	(i)  Section 19.02 (murder);
	(ii)  Section 19.03 (capital murder);
	(iii)  Section 19.04 (manslaughter);
	(iv)  Section 21.11 (indecency with a
	child);
	(v)  Section 22.01 (assault);
	(vi)  Section 22.011 (sexual assault);
	(vii)  Section 22.02 (aggravated assault);
	(viii)  Section 22.021 (aggravated sexual
	assault);
	(ix)  Section 22.04 (injury to a child,
	elderly individual, or disabled individual);
	(x)  Section 22.041 (abandoning or
	endangering child);
	(xi)  Section 25.02 (prohibited sexual
	conduct);
	(xii)  Section 43.25 (sexual performance by
	a child);
	(xiii)  Section 43.26 (possession or
	promotion of child sexual abuse material [pornography]);
	(xiv)  Section 21.02 (continuous sexual
	abuse of young child or children);
	(xv)  Section 20A.02(a)(7) or (8)
	(trafficking of persons); and
	(xvi)  Section 43.05(a)(2) (compelling
	prostitution);
	(M)  had his or her parent-child relationship
	terminated with respect to another child based on a finding that the
	parent's conduct was in violation of Paragraph (D) or (E) or
	substantially equivalent provisions of the law of another state;
	(N)  constructively abandoned the child who has
	been in the permanent or temporary managing conservatorship of the
	Department of Family and Protective Services for not less than six
	months, and:
	(i)  the department has made reasonable
	efforts to return the child to the parent;
	(ii)  the parent has not regularly visited
	or maintained significant contact with the child; and
	(iii)  the parent has demonstrated an
	inability to provide the child with a safe environment;
	(O)  failed to comply with the provisions of a
	court order that specifically established the actions necessary for
	the parent to obtain the return of the child who has been in the
	permanent or temporary managing conservatorship of the Department
	of Family and Protective Services for not less than nine months as a
	result of the child's removal from the parent under Chapter 262 for
	the abuse or neglect of the child;
	(P)  used a controlled substance, as defined by
	Chapter 481, Health and Safety Code, in a manner that endangered the
	health or safety of the child, and:
	(i)  failed to complete a court-ordered
	substance abuse treatment program; or
	(ii)  after completion of a court-ordered
	substance abuse treatment program, continued to abuse a controlled
	substance;
	(Q)  knowingly engaged in criminal conduct that
	has resulted in the parent's:
	(i)  conviction of an offense; and
	(ii)  confinement or imprisonment and
	inability to care for the child for not less than two years from the
	date of filing the petition;
	(R)  been the cause of the child being born
	addicted to alcohol or a controlled substance, other than a
	controlled substance legally obtained by prescription;
	(S)  voluntarily delivered the child to a
	designated emergency infant care provider under Section 262.302
	without expressing an intent to return for the child;
	(T)  been convicted of:
	(i)  the murder of the other parent of the
	child under Section 19.02 or 19.03, Penal Code, or under a law of
	another state, federal law, the law of a foreign country, or the
	Uniform Code of Military Justice that contains elements that are
	substantially similar to the elements of an offense under Section
	19.02 or 19.03, Penal Code;
	(ii)  criminal attempt under Section 15.01,
	Penal Code, or under a law of another state, federal law, the law of
	a foreign country, or the Uniform Code of Military Justice that
	contains elements that are substantially similar to the elements of
	an offense under Section 15.01, Penal Code, to commit the offense
	described by Subparagraph (i);
	(iii)  criminal solicitation under Section
	15.03, Penal Code, or under a law of another state, federal law, the
	law of a foreign country, or the Uniform Code of Military Justice
	that contains elements that are substantially similar to the
	elements of an offense under Section 15.03, Penal Code, of the
	offense described by Subparagraph (i); or
	(iv)  the sexual assault of the other parent
	of the child under Section 22.011 or 22.021, Penal Code, or under a
	law of another state, federal law, or the Uniform Code of Military
	Justice that contains elements that are substantially similar to
	the elements of an offense under Section 22.011 or 22.021, Penal
	Code; or
	(U)  been placed on community supervision,
	including deferred adjudication community supervision, or another
	functionally equivalent form of community supervision or
	probation, for being criminally responsible for the sexual assault
	of the other parent of the child under Section 22.011 or 22.021,
	Penal Code, or under a law of another state, federal law, or the
	Uniform Code of Military Justice that contains elements that are
	substantially similar to the elements of an offense under Section
	22.011 or 22.021, Penal Code; and
	(2)  that termination is in the best interest of the
	child.
	SECTION 2.14.  Section 261.001(1), Family Code, is amended
	to read as follows:
	(1)  "Abuse" includes the following acts or omissions
	by a person:
	(A)  mental or emotional injury to a child that
	results in an observable and material impairment in the child's
	growth, development, or psychological functioning;
	(B)  causing or permitting the child to be in a
	situation in which the child sustains a mental or emotional injury
	that results in an observable and material impairment in the
	child's growth, development, or psychological functioning;
	(C)  physical injury that results in substantial
	harm to the child, or the genuine threat of substantial harm from
	physical injury to the child, including an injury that is at
	variance with the history or explanation given and excluding an
	accident or reasonable discipline by a parent, guardian, or
	managing or possessory conservator that does not expose the child
	to a substantial risk of harm;
	(D)  failure to make a reasonable effort to
	prevent an action by another person that results in physical injury
	that results in substantial harm to the child;
	(E)  sexual conduct harmful to a child's mental,
	emotional, or physical welfare, including conduct that constitutes
	the offense of continuous sexual abuse of young child or children
	under Section 21.02, Penal Code, indecency with a child under
	Section 21.11, Penal Code, sexual assault under Section 22.011,
	Penal Code, or aggravated sexual assault under Section 22.021,
	Penal Code;
	(F)  failure to make a reasonable effort to
	prevent sexual conduct harmful to a child;
	(G)  compelling or encouraging the child to engage
	in sexual conduct as defined by Section 43.01, Penal Code,
	including compelling or encouraging the child in a manner that
	constitutes an offense of trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code, prostitution under Section
	43.02(b), Penal Code, or compelling prostitution under Section
	43.05(a)(2), Penal Code;
	(H)  causing, permitting, encouraging, engaging
	in, or allowing the photographing, filming, or depicting of the
	child if the person knew or should have known that the resulting
	photograph, film, or depiction of the child:
	(i)  is obscene as defined by Section 43.21,
	Penal Code;[,] or
	(ii)  constitutes child sexual abuse
	material [pornographic];
	(I)  the current use by a person of a controlled
	substance as defined by Chapter 481, Health and Safety Code, in a
	manner or to the extent that the use results in physical, mental, or
	emotional injury to a child;
	(J)  causing, expressly permitting, or
	encouraging a child to use a controlled substance as defined by
	Chapter 481, Health and Safety Code;
	(K)  causing, permitting, encouraging, engaging
	in, or allowing a sexual performance by a child as defined by
	Section 43.25, Penal Code;
	(L)  knowingly causing, permitting, encouraging,
	engaging in, or allowing a child to be trafficked in a manner
	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
	(8), Penal Code, or the failure to make a reasonable effort to
	prevent a child from being trafficked in a manner punishable as an
	offense under any of those sections; or
	(M)  forcing or coercing a child to enter into a
	marriage.
	SECTION 2.15.  Section 262.2015(b), Family Code, is amended
	to read as follows:
	(b)  The court may find under Subsection (a) that a parent
	has subjected the child to aggravated circumstances if:
	(1)  the parent abandoned the child without
	identification or a means for identifying the child;
	(2)  the child or another child of the parent is a
	victim of serious bodily injury or sexual abuse inflicted by the
	parent or by another person with the parent's consent;
	(3)  the parent has engaged in conduct against the
	child or another child of the parent that would constitute an
	offense under the following provisions of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 21.11 (indecency with a child);
	(E)  Section 22.011 (sexual assault);
	(F)  Section 22.02 (aggravated assault);
	(G)  Section 22.021 (aggravated sexual assault);
	(H)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(I)  Section 22.041 (abandoning or endangering
	child);
	(J)  Section 25.02 (prohibited sexual conduct);
	(K)  Section 43.25 (sexual performance by a
	child);
	(L)  Section 43.26 (possession or promotion of
	child sexual abuse material [pornography]);
	(M)  Section 21.02 (continuous sexual abuse of
	young child or children);
	(N)  Section 43.05(a)(2) (compelling
	prostitution); or
	(O)  Section 20A.02(a)(7) or (8) (trafficking of
	persons);
	(4)  the parent voluntarily left the child alone or in
	the possession of another person not the parent of the child for at
	least six months without expressing an intent to return and without
	providing adequate support for the child;
	(5)  the parent's parental rights with regard to
	another child have been involuntarily terminated based on a finding
	that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
	or a substantially equivalent provision of another state's law;
	(6)  the parent has been convicted for:
	(A)  the murder of another child of the parent and
	the offense would have been an offense under 18 U.S.C. Section
	1111(a) if the offense had occurred in the special maritime or
	territorial jurisdiction of the United States;
	(B)  the voluntary manslaughter of another child
	of the parent and the offense would have been an offense under 18
	U.S.C. Section 1112(a) if the offense had occurred in the special
	maritime or territorial jurisdiction of the United States;
	(C)  aiding or abetting, attempting, conspiring,
	or soliciting an offense under Paragraph (A) or (B); or
	(D)  the felony assault of the child or another
	child of the parent that resulted in serious bodily injury to the
	child or another child of the parent;
	(7)  the parent's parental rights with regard to
	another child of the parent have been involuntarily terminated; or
	(8)  the parent is required under any state or federal
	law to register with a sex offender registry.
	SECTION 2.16.  Section 20A.02(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person knowingly:
	(1)  traffics another person with the intent that the
	trafficked person engage in forced labor or services;
	(2)  receives a benefit from participating in a venture
	that involves an activity described by Subdivision (1), including
	by receiving labor or services the person knows are forced labor or
	services;
	(3)  traffics another person and, through force, fraud,
	or coercion, causes the trafficked person to engage in conduct
	prohibited by:
	(A)  Section 43.02 (Prostitution);
	(B)  Section 43.03 (Promotion of Prostitution);
	(B-1)  Section 43.031 (Online Promotion of
	Prostitution);
	(C)  Section 43.04 (Aggravated Promotion of
	Prostitution);
	(C-1)  Section 43.041 (Aggravated Online
	Promotion of Prostitution); or
	(D)  Section 43.05 (Compelling Prostitution);
	(4)  receives a benefit from participating in a venture
	that involves an activity described by Subdivision (3) or engages
	in sexual conduct with a person trafficked in the manner described
	in Subdivision (3);
	(5)  traffics a child with the intent that the
	trafficked child engage in forced labor or services;
	(6)  receives a benefit from participating in a venture
	that involves an activity described by Subdivision (5), including
	by receiving labor or services the person knows are forced labor or
	services;
	(7)  traffics a child and by any means causes the
	trafficked child to engage in, or become the victim of, conduct
	prohibited by:
	(A)  Section 21.02 (Continuous Sexual Abuse of
	Young Child or Children);
	(B)  Section 21.11 (Indecency with a Child);
	(C)  Section 22.011 (Sexual Assault);
	(D)  Section 22.021 (Aggravated Sexual Assault);
	(E)  Section 43.02 (Prostitution);
	(F)  Section 43.03 (Promotion of Prostitution);
	(F-1)  Section 43.031 (Online Promotion of
	Prostitution);
	(G)  Section 43.04 (Aggravated Promotion of
	Prostitution);
	(G-1)  Section 43.041 (Aggravated Online
	Promotion of Prostitution);
	(H)  Section 43.05 (Compelling Prostitution);
	(I)  Section 43.25 (Sexual Performance by a
	Child);
	(J)  Section 43.251 (Employment Harmful to
	Children); or
	(K)  Section 43.26 (Possession or Promotion of
	Child Sexual Abuse Material [Pornography]); or
	(8)  receives a benefit from participating in a venture
	that involves an activity described by Subdivision (7) or engages
	in sexual conduct with a child trafficked in the manner described in
	Subdivision (7).
	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
	SECTION 3.01.  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 section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3.02.  This Act takes effect September 1, 2021.