Bill Text: TX HB47 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to sexual assault and other sex offenses.
Sponsorship: Slight Partisan Bill (Democrat 8-4)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB47 Detail]
Download: Texas-2025-HB47-Enrolled.html
| H.B. No. 47 | ||
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| relating to sexual assault and other sex offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 29.14(a), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (a) In this article, "victim" means a [ |
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| than 17 years of age or whose case involves family violence as | ||
| defined by Section 71.004, Family Code. | ||
| SECTION 2. Article 56A.051(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) A victim, guardian of a victim, or close relative of a | ||
| deceased victim is entitled to the following rights within the | ||
| criminal justice system: | ||
| (1) the right to receive from a law enforcement agency | ||
| adequate protection from harm and threats of harm arising from | ||
| cooperation with prosecution efforts; | ||
| (2) the right to have the magistrate consider the | ||
| safety of the victim or the victim's family in setting the amount of | ||
| bail for the defendant; | ||
| (3) if requested, the right to be informed in the | ||
| manner provided by Article 56A.0525: | ||
| (A) by the attorney representing the state of | ||
| relevant court proceedings, including appellate proceedings, and | ||
| to be informed if those proceedings have been canceled or | ||
| rescheduled before the event; and | ||
| (B) by an appellate court of the court's | ||
| decisions, after the decisions are entered but before the decisions | ||
| are made public; | ||
| (4) when requested, the right to be informed in the | ||
| manner provided by Article 56A.0525: | ||
| (A) by a peace officer concerning the defendant's | ||
| right to bail and the procedures in criminal investigations; and | ||
| (B) by the office of the attorney representing | ||
| the state concerning the general procedures in the criminal justice | ||
| system, including general procedures in guilty plea negotiations | ||
| and arrangements, restitution, and the appeals and parole process; | ||
| (5) the right to provide pertinent information to a | ||
| community supervision and corrections department conducting a | ||
| presentencing investigation concerning the impact of the offense on | ||
| the victim and the victim's family by testimony, written statement, | ||
| or any other manner before any sentencing of the defendant; | ||
| (6) the right to receive information, in the manner | ||
| provided by Article 56A.0525: | ||
| (A) regarding compensation to victims of crime as | ||
| provided by Chapter 56B, including information related to the costs | ||
| that may be compensated under that chapter and the amount of | ||
| compensation, eligibility for compensation, and procedures for | ||
| application for compensation under that chapter; | ||
| (B) for a victim of a sexual assault, regarding | ||
| the payment under Subchapter G for a forensic medical examination | ||
| and for any prescribed continuing medical care that is related to | ||
| the sexual assault and provided to the victim during the 30-day | ||
| period following that examination, as provided by Subchapter G; and | ||
| (C) when requested, providing a referral to | ||
| available social service agencies that may offer additional | ||
| assistance; | ||
| (7) the right to: | ||
| (A) be informed, on request, and in the manner | ||
| provided by Article 56A.0525, of parole procedures; | ||
| (B) participate in the parole process; | ||
| (C) provide to the board for inclusion in the | ||
| defendant's file information to be considered by the board before | ||
| the parole of any defendant convicted of any offense subject to this | ||
| chapter; and | ||
| (D) be notified in the manner provided by Article | ||
| 56A.0525, if requested, of parole proceedings concerning a | ||
| defendant in the victim's case and of the defendant's release; | ||
| (8) the right to be provided with a waiting area, | ||
| separate or secure from other witnesses, including the defendant | ||
| and relatives of the defendant, before testifying in any proceeding | ||
| concerning the defendant; if a separate waiting area is not | ||
| available, other safeguards should be taken to minimize the | ||
| victim's contact with the defendant and the defendant's relatives | ||
| and witnesses, before and during court proceedings; | ||
| (9) the right to the prompt return of any of the | ||
| victim's property that is held by a law enforcement agency or the | ||
| attorney representing the state as evidence when the property is no | ||
| longer required for that purpose; | ||
| (10) the right to have the attorney representing the | ||
| state notify the victim's employer, if requested, that the victim's | ||
| cooperation and testimony is necessary in a proceeding that may | ||
| require the victim to be absent from work for good cause; | ||
| (11) the right to request victim-offender mediation | ||
| coordinated by the victim services division of the department; | ||
| (12) the right to be informed, in the manner provided | ||
| by Article 56A.0525, of the uses of a victim impact statement and | ||
| the statement's purpose in the criminal justice system as described | ||
| by Subchapter D, to complete the victim impact statement, and to | ||
| have the victim impact statement considered: | ||
| (A) by the attorney representing the state and | ||
| the judge before sentencing or before a plea bargain agreement is | ||
| accepted; and | ||
| (B) by the board before a defendant is released | ||
| on parole; | ||
| (13) for a victim of sexual [ |
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| [ |
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| case involves family violence, as defined by Section 71.004, Family | ||
| Code, the right to have the court consider the impact on the victim | ||
| of a continuance requested by the defendant; if requested by the | ||
| attorney representing the state or by the defendant's attorney, the | ||
| court shall state on the record the reason for granting or denying | ||
| the continuance; and | ||
| (14) if the offense is a capital felony, the right to: | ||
| (A) receive by mail from the court a written | ||
| explanation of defense-initiated victim outreach if the court has | ||
| authorized expenditures for a defense-initiated victim outreach | ||
| specialist; | ||
| (B) not be contacted by the victim outreach | ||
| specialist unless the victim, guardian, or relative has consented | ||
| to the contact by providing a written notice to the court; and | ||
| (C) designate a victim service provider to | ||
| receive all communications from a victim outreach specialist acting | ||
| on behalf of any person. | ||
| SECTION 3. Article 56A.052(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) A victim, guardian of a victim, or close relative of a | ||
| deceased victim of an offense under Section 21.02, 21.11, 22.011, | ||
| 22.012, 22.021, or 42.072, Penal Code, is entitled to the following | ||
| rights within the criminal justice system: | ||
| (1) if requested, the right to a disclosure of | ||
| information, in the manner provided by Article 56A.0525, regarding: | ||
| (A) any evidence that was collected during the | ||
| investigation of the offense, unless disclosing the information | ||
| would interfere with the investigation or prosecution of the | ||
| offense, in which event the victim, guardian, or relative shall be | ||
| informed of the estimated date on which that information is | ||
| expected to be disclosed; and | ||
| (B) the status of any analysis being performed on | ||
| any evidence described by Paragraph (A); | ||
| (2) if requested, the right to be notified in the | ||
| manner provided by Article 56A.0525: | ||
| (A) at the time a request is submitted to a crime | ||
| laboratory to process and analyze any evidence that was collected | ||
| during the investigation of the offense; | ||
| (B) at the time of the submission of a request to | ||
| compare any biological evidence collected during the investigation | ||
| of the offense with DNA profiles maintained in a state or federal | ||
| DNA database; and | ||
| (C) of the results of the comparison described by | ||
| Paragraph (B), unless disclosing the results would interfere with | ||
| the investigation or prosecution of the offense, in which event the | ||
| victim, guardian, or relative shall be informed of the estimated | ||
| date on which those results are expected to be disclosed; | ||
| (3) if requested, the right to counseling regarding | ||
| acquired immune deficiency syndrome (AIDS) and human | ||
| immunodeficiency virus (HIV) infection; | ||
| (4) if requested, the right to be informed about, and | ||
| confer with the attorney representing the state regarding, the | ||
| disposition of the offense, including sharing the victim's, | ||
| guardian's, or relative's views regarding: | ||
| (A) a decision not to file charges; | ||
| (B) the dismissal of charges; | ||
| (C) the use of a pretrial intervention program; | ||
| or | ||
| (D) a plea bargain agreement; and | ||
| (5) for the victim, the right to: | ||
| (A) testing for acquired immune deficiency | ||
| syndrome (AIDS), human immunodeficiency virus (HIV) infection, | ||
| antibodies to HIV, or infection with any other probable causative | ||
| agent of AIDS; [ |
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| (B) a forensic medical examination as provided by | ||
| Subchapter G; and | ||
| (C) any prescribed continuing medical care that | ||
| is related to the sexual assault and provided to the victim during | ||
| the 30-day period following a forensic medical examination, as | ||
| provided by Subchapter G. | ||
| SECTION 4. Article 56A.304(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) On application to the attorney general and subject to | ||
| Article 56A.305(e), a health care provider that provides a forensic | ||
| medical examination to a sexual assault survivor in accordance with | ||
| this subchapter, or the sexual assault examiner or sexual assault | ||
| nurse examiner who conducts that examination in accordance with | ||
| this subchapter, as applicable, is entitled to be reimbursed in an | ||
| amount set by attorney general rule for: | ||
| (1) the reasonable costs of the forensic portion of | ||
| that examination; | ||
| (2) the evidence collection kit; and | ||
| (3) the reasonable costs of other medical care | ||
| provided to the victim during the forensic medical examination in | ||
| accordance with Subchapters A and B, Chapter 323, Health and Safety | ||
| Code, and of any prescribed continuing medical care that is related | ||
| to the sexual assault and provided to the victim during the 30-day | ||
| period following that examination, including medication and | ||
| medical testing. | ||
| SECTION 5. Article 56A.401, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial | ||
| contact or at the earliest possible time after the initial contact | ||
| between a victim of a reported offense and the law enforcement | ||
| agency having the responsibility for investigating the offense, the | ||
| agency shall provide the victim a written notice containing: | ||
| (1) information about the availability of emergency | ||
| and medical services, if applicable; | ||
| (2) information about the rights of crime victims | ||
| under Subchapter B; | ||
| (3) notice that the victim has the right to receive | ||
| information: | ||
| (A) regarding compensation to victims of crime as | ||
| provided by Chapter 56B, including information relating to the | ||
| costs that may be compensated under that chapter and the amount of | ||
| compensation, eligibility for compensation, and procedures for | ||
| application for compensation under that chapter; | ||
| (B) for a victim of a sexual assault, regarding | ||
| the payment under Subchapter G for a forensic medical examination | ||
| and for any prescribed continuing medical care that is related to | ||
| the sexual assault and provided to the victim during the 30-day | ||
| period following that examination, as provided by Subchapter G; and | ||
| (C) providing a referral to available social | ||
| service agencies that may offer additional assistance; | ||
| (4) the name, address, and phone number of the law | ||
| enforcement agency's crime victim liaison; | ||
| (5) the name, address, and phone number of the victim | ||
| assistance coordinator of the office of the attorney representing | ||
| the state; and | ||
| (6) the following statement: | ||
| "You may call the law enforcement agency's telephone number | ||
| for the status of the case and information about victims' rights." | ||
| SECTION 6. Article 56A.451(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) Not later than the 10th day after the date that an | ||
| indictment or information is returned against a defendant for an | ||
| offense, the attorney representing the state shall give to each | ||
| victim of the offense a written notice containing: | ||
| (1) the case number and assigned court for the case; | ||
| (2) a brief general statement of each procedural stage | ||
| in the processing of a criminal case, including bail, plea | ||
| bargaining, parole restitution, and appeal; | ||
| (3) suggested steps the victim may take if the victim | ||
| is subjected to threats or intimidation; | ||
| (4) the name, address, and phone number of the local | ||
| victim assistance coordinator; and | ||
| (5) notification of: | ||
| (A) the rights and procedures under this chapter, | ||
| Chapter 56B, and Subchapter B, Chapter 58; | ||
| (B) the right to file a victim impact statement | ||
| with the office of the attorney representing the state and the | ||
| department; | ||
| (C) the right to receive information: | ||
| (i) regarding compensation to victims of | ||
| crime as provided by Chapter 56B, including information relating to | ||
| the costs that may be compensated under that chapter, eligibility | ||
| for compensation, and procedures for application for compensation | ||
| under that chapter; | ||
| (ii) for a victim of a sexual assault, | ||
| regarding the payment under Subchapter G for a forensic medical | ||
| examination and for any prescribed continuing medical care that is | ||
| related to the sexual assault and provided to the victim during the | ||
| 30-day period following that examination, as provided by Subchapter | ||
| G; and | ||
| (iii) providing a referral to available | ||
| social service agencies that may offer additional assistance; and | ||
| (D) the right of a victim, guardian of a victim, | ||
| or close relative of a deceased victim, as defined by Section | ||
| 508.117, Government Code, to appear in person before a member of the | ||
| board as provided by Section 508.153, Government Code. | ||
| SECTION 7. Article 62.063, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article: | ||
| (1) "Amusement ride" has the meaning assigned by | ||
| Section 2151.002, Occupations Code. | ||
| (2) "Bus" has the meaning assigned by Section 541.201, | ||
| Transportation Code. | ||
| (3) "Digitally prearranged ride" has the meaning | ||
| assigned by Section 2402.001, Occupations Code. | ||
| (b) A person subject to registration under this chapter | ||
| because of a reportable conviction or adjudication for which an | ||
| affirmative finding is entered under Article 42.015(b) or | ||
| 42A.105(a), as appropriate, may not, for compensation: | ||
| (1) operate or offer to operate a bus; | ||
| (2) provide or offer to provide a passenger taxicab or | ||
| limousine transportation service, or a digitally prearranged ride; | ||
| (3) provide or offer to provide any type of service in | ||
| the residence of another person unless the provision of service | ||
| will be supervised; or | ||
| (4) operate or offer to operate any amusement ride. | ||
| SECTION 8. Section 57.002(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) A victim, guardian of a victim, or close relative of a | ||
| deceased victim is entitled to the following rights within the | ||
| juvenile justice system: | ||
| (1) the right to receive from law enforcement agencies | ||
| adequate protection from harm and threats of harm arising from | ||
| cooperation with prosecution efforts; | ||
| (2) the right to have the court or person appointed by | ||
| the court take the safety of the victim or the victim's family into | ||
| consideration as an element in determining whether the child should | ||
| be detained before the child's conduct is adjudicated; | ||
| (3) the right, if requested, to be informed of | ||
| relevant court proceedings, including appellate proceedings, and | ||
| to be informed in a timely manner if those court proceedings have | ||
| been canceled or rescheduled; | ||
| (4) the right to be informed, when requested, by the | ||
| court or a person appointed by the court concerning the procedures | ||
| in the juvenile justice system, including general procedures | ||
| relating to: | ||
| (A) the preliminary investigation and deferred | ||
| prosecution of a case; and | ||
| (B) the appeal of the case; | ||
| (5) the right to provide pertinent information to a | ||
| juvenile court conducting a disposition hearing concerning the | ||
| impact of the offense on the victim and the victim's family by | ||
| testimony, written statement, or any other manner before the court | ||
| renders its disposition; | ||
| (6) the right to receive information: | ||
| (A) regarding compensation to victims as | ||
| provided by Chapter 56B, Code of Criminal Procedure, including | ||
| information relating to the costs that may be compensated under | ||
| that chapter and the amount of compensation, eligibility for | ||
| compensation, and procedures for application for compensation | ||
| under that chapter; | ||
| (B) for a victim of a sexual assault, regarding | ||
| the payment under Subchapter G, Chapter 56A, Code of Criminal | ||
| Procedure, for a forensic medical examination and for any | ||
| prescribed continuing medical care that is related to the sexual | ||
| assault and provided to the victim during the 30-day period | ||
| following that examination; and | ||
| (C) when requested, providing a referral to | ||
| available social service agencies that may offer additional | ||
| assistance; | ||
| (7) the right to be informed, upon request, of | ||
| procedures for release under supervision or transfer of the person | ||
| to the custody of the Texas Department of Criminal Justice for | ||
| parole, to participate in the release or transfer for parole | ||
| process, to be notified, if requested, of the person's release, | ||
| escape, or transfer for parole proceedings concerning the person, | ||
| to provide to the Texas Juvenile Justice Department for inclusion | ||
| in the person's file information to be considered by the department | ||
| before the release under supervision or transfer for parole of the | ||
| person, and to be notified, if requested, of the person's release or | ||
| transfer for parole; | ||
| (8) the right to be provided with a waiting area, | ||
| separate or secure from other witnesses, including the child | ||
| alleged to have committed the conduct and relatives of the child, | ||
| before testifying in any proceeding concerning the child, or, if a | ||
| separate waiting area is not available, other safeguards should be | ||
| taken to minimize the victim's contact with the child and the | ||
| child's relatives and witnesses, before and during court | ||
| proceedings; | ||
| (9) the right to prompt return of any property of the | ||
| victim that is held by a law enforcement agency or the attorney for | ||
| the state as evidence when the property is no longer required for | ||
| that purpose; | ||
| (10) the right to have the attorney for the state | ||
| notify the employer of the victim, if requested, of the necessity of | ||
| the victim's cooperation and testimony in a proceeding that may | ||
| necessitate the absence of the victim from work for good cause; | ||
| (11) the right to be present at all public court | ||
| proceedings related to the conduct of the child as provided by | ||
| Section 54.08, subject to that section; and | ||
| (12) any other right appropriate to the victim that a | ||
| victim of criminal conduct has under Subchapter B, Chapter 56A, | ||
| Code of Criminal Procedure. | ||
| SECTION 9. Section 420.011(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) The attorney general shall adopt rules establishing | ||
| minimum standards for the certification of a sexual assault nurse | ||
| examiner and the renewal of that certification by the nurse | ||
| examiner, including standards for examiner training courses and for | ||
| the interstate reciprocity of sexual assault nurse examiners. The | ||
| certification is valid for three [ |
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| issuance. The attorney general shall also adopt rules establishing | ||
| minimum standards for the suspension, decertification, or | ||
| probation of a sexual assault nurse examiner who violates this | ||
| chapter. | ||
| SECTION 10. Sections 323.0046(a) and (b), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (a) A health care facility that has an emergency department | ||
| shall provide at least one hour of basic sexual assault response | ||
| training to facility employees and contractors who provide patient | ||
| admission functions, patient-related administrative support | ||
| functions, or direct patient care. The training must include | ||
| instruction on: | ||
| (1) the provision of survivor-centered, | ||
| trauma-informed care to sexual assault survivors; and | ||
| (2) the rights of sexual assault survivors under | ||
| Chapter 56A, Code of Criminal Procedure, including: | ||
| (A) the availability of a forensic medical | ||
| examination, including an examination that is available when a | ||
| sexual assault survivor does not report the assault to a law | ||
| enforcement agency; and | ||
| (B) the role of an advocate as defined by Section | ||
| 420.003, Government Code, in responding to a sexual assault | ||
| survivor. | ||
| (b) An employee or contractor described by Subsection (a) | ||
| who completes a continuing medical or nursing education course in | ||
| forensic evidence collection described by Section 156.057 or | ||
| 301.306, Occupations Code, that is approved or recognized by the | ||
| appropriate licensing board is considered to have completed basic | ||
| sexual assault response training for purposes of this section. | ||
| SECTION 11. Section 323.005(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The commission shall develop a standard information | ||
| form for sexual assault survivors that must include: | ||
| (1) a detailed explanation of the forensic medical | ||
| examination required to be provided by law, including a statement | ||
| that photographs may be taken of the genitalia; | ||
| (2) information regarding treatment of sexually | ||
| transmitted infections and pregnancy, including: | ||
| (A) generally accepted medical procedures; | ||
| (B) appropriate medications; and | ||
| (C) any contraindications of the medications | ||
| prescribed for treating sexually transmitted infections and | ||
| preventing pregnancy; | ||
| (3) information regarding drug-facilitated sexual | ||
| assault, including the necessity for an immediate urine test for | ||
| sexual assault survivors who may have been involuntarily drugged; | ||
| (4) information regarding crime victims compensation | ||
| and regarding the payment of costs and the reimbursements available | ||
| for care to be provided as described by Subchapter G, Chapter 56A, | ||
| Code of Criminal Procedure; | ||
| (5) an explanation that consent for the forensic | ||
| medical examination may be withdrawn at any time during the | ||
| examination; | ||
| (6) the name and telephone number of sexual assault | ||
| crisis centers statewide; | ||
| (7) the names and contact information of legal aid | ||
| services providers statewide; | ||
| (8) information regarding postexposure prophylaxis | ||
| for HIV infection; | ||
| (9) [ |
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| biological evidence collected from the forensic medical | ||
| examination will be retained and preserved under Article 38.43, | ||
| Code of Criminal Procedure; and | ||
| (10) [ |
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| to access a shower for free after the forensic medical examination, | ||
| if shower facilities are available at the health care facility. | ||
| SECTION 12. Section 323.0051(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The commission shall develop a standard information | ||
| form for sexual assault survivors who arrive at a health care | ||
| facility that is not a SAFE-ready facility. The information form | ||
| must include: | ||
| (1) information regarding the benefits of a forensic | ||
| medical examination conducted by a sexual assault forensic | ||
| examiner; | ||
| (2) the Internet website address to the commission's | ||
| list of SAFE-ready facilities that includes the facilities' | ||
| physical addresses as required by Section 323.008; | ||
| (3) the following statements: | ||
| (A) "As a survivor of sexual assault, you have | ||
| the right to receive a forensic medical examination for sexual | ||
| assault at this hospital emergency room if you are requesting the | ||
| examination not later than 120 hours after the assault. For parents | ||
| or guardians of a minor child, your child has the right to receive | ||
| the forensic medical examination at any time, regardless of when | ||
| the assault occurred."; and | ||
| (B) "Call 1-800-656-HOPE to be connected to a | ||
| sexual assault crisis center for free and confidential | ||
| assistance."; [ |
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| (4) the names and contact information of legal aid | ||
| services providers statewide; and | ||
| (5) information on the procedure for submitting a | ||
| complaint against the health care facility. | ||
| SECTION 13. Section 323.0052(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The commission shall develop a standard information | ||
| form that, as described by Subsection (b), is to be provided to | ||
| sexual assault survivors who have not given signed, written consent | ||
| to a health care facility to release the evidence as provided by | ||
| Section 420.0735, Government Code. The form must include the | ||
| following information: | ||
| (1) the Department of Public Safety's policy regarding | ||
| storage of evidence of a sexual assault or other sex offense that is | ||
| collected under Subchapter G, Chapter 56A, Code of Criminal | ||
| Procedure, including: | ||
| (A) a statement that the evidence will be stored | ||
| until the fifth anniversary of the date on which the evidence was | ||
| collected before the evidence becomes eligible for destruction; and | ||
| (B) the department's procedures regarding the | ||
| notification of the survivor through the statewide electronic | ||
| tracking system before a planned destruction of the evidence; | ||
| (2) a statement that the survivor may request the | ||
| release of the evidence to a law enforcement agency and report a | ||
| sexual assault or other sex offense to the agency at any time; | ||
| (3) the name, phone number, and e-mail address of the | ||
| law enforcement agency with jurisdiction over the offense; [ |
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| (4) the name and phone number of a local sexual assault | ||
| crisis center; and | ||
| (5) the names and contact information of legal aid | ||
| services providers statewide. | ||
| SECTION 14. Section 323.053, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE | ||
| program must: | ||
| (1) operate under the active oversight of a medical | ||
| director who is a physician licensed by and in good standing with | ||
| the Texas Medical Board; | ||
| (2) provide medical treatment under a physician's | ||
| order, standing medical order, standing delegation order, or other | ||
| order or protocol as defined by Texas Medical Board rules; | ||
| (3) employ or contract with a sexual assault examiner | ||
| or a sexual assault nurse examiner; | ||
| (4) provide access to a sexual assault program | ||
| advocate, as required by Subchapter H, Chapter 56A, Code of | ||
| Criminal Procedure; | ||
| (5) ensure a sexual assault survivor has access to a | ||
| private treatment room; | ||
| (6) if indicated by a survivor's history or on a | ||
| survivor's request, provide: | ||
| (A) HIV testing and prophylactic medication to | ||
| the survivor or a referral for the testing and medication; and | ||
| (B) counseling and prophylactic medications for | ||
| exposure to sexually transmitted infections and pregnancy; | ||
| (7) provide to survivors the name and telephone number | ||
| of a nearby sexual assault program that provides to survivors the | ||
| minimum services described by Subchapter A, Chapter 420, Government | ||
| Code; | ||
| (8) provide to survivors the information form required | ||
| by Section 323.005, 323.0051, or 323.0052, as applicable[ |
||
| (9) collaborate with any sexual assault program, as | ||
| defined by Section 420.003, Government Code, that provides services | ||
| to survivors in the county; | ||
| (10) engage in efforts to improve the quality of the | ||
| program; | ||
| (11) maintain capacity for appropriate triage or have | ||
| agreements with other health facilities to assure that a survivor | ||
| receives the appropriate level of care indicated for the survivor's | ||
| medical and mental health needs; | ||
| (12) prioritize the safety and well-being of | ||
| survivors; | ||
| (13) provide a trauma-informed approach in the | ||
| forensic medical care provided to survivors; and | ||
| (14) collaborate with: | ||
| (A) law enforcement agencies and attorneys | ||
| representing the state with jurisdiction in the county; | ||
| (B) any available local sexual assault response | ||
| team; and | ||
| (C) other interested persons in the community. | ||
| SECTION 15. Section 351.257, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 351.257. REPORT. (a) Not later than December 1 of | ||
| each odd-numbered year, a response team shall provide to the | ||
| commissioners court of each county the response team serves a | ||
| report that includes: | ||
| (1) a list of response team members able to | ||
| participate in the quarterly meetings required by Section | ||
| 351.254(c); | ||
| (2) a copy of the written protocol developed under | ||
| Section 351.256; and | ||
| (3) either: | ||
| (A) a biennial summary detailing: | ||
| (i) the number of sexual assault reports | ||
| received by local law enforcement agencies; | ||
| (ii) the number of investigations conducted | ||
| as a result of those reports; | ||
| (iii) the number of indictments presented | ||
| in connection with a report and the disposition of those cases; and | ||
| (iv) the number of reports of sexual | ||
| assault for which no indictment was presented; or | ||
| (B) an explanation of the reason the response | ||
| team failed to provide the information described by Paragraph (A). | ||
| (b) Not later than February 1 of each even-numbered year, | ||
| the commissioners court of each county that receives a report | ||
| described by Subsection (a) during the preceding year shall submit | ||
| that report to the Sexual Assault Survivors' Task Force established | ||
| under Section 772.0064, Government Code. | ||
| SECTION 16. Subchapter J, Chapter 351, Local Government | ||
| Code, is amended by adding Section 351.2571 to read as follows: | ||
| Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the | ||
| requirements of Section 351.257 may be used to determine | ||
| eligibility for receiving grant funds from the office of the | ||
| governor or another state agency. | ||
| SECTION 17. Section 156.057, Occupations Code, is amended | ||
| to read as follows: | ||
| Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE | ||
| COLLECTION. (a) A physician licensed under this subtitle who | ||
| submits an application for renewal of a license to practice | ||
| medicine and whose practice includes treating patients in an | ||
| emergency room setting shall [ |
||
| continuing medical education relating to: | ||
| (1) the provision of trauma-informed care to sexual | ||
| assault survivors; | ||
| (2) appropriate community referrals and prophylactic | ||
| medications; | ||
| (3) the rights of a sexual assault survivor under | ||
| Chapter 56A, Code of Criminal Procedure, including the opportunity | ||
| to request the presence of an advocate as defined by Section | ||
| 420.003, Government Code, and a forensic medical examination; | ||
| (4) forensic evidence collection methods; and | ||
| (5) applicable state law pertaining to the custody, | ||
| transfer, and tracking of forensic evidence. | ||
| (b) The board shall adopt rules to establish the content of | ||
| continuing medical education relating to forensic evidence | ||
| collection. The content of the continuing medical education must | ||
| conform to the evidence collection protocol distributed by the | ||
| attorney general under Section 420.031, Government Code. The board | ||
| may adopt other rules to implement this section. | ||
| (c) The board may permit the continuing medical education | ||
| under this section to be counted toward the hours of continuing | ||
| medical education required by Section 156.051(a)(2). | ||
| SECTION 18. Subchapter D, Chapter 204, Occupations Code, is | ||
| amended by adding Section 204.1563 to read as follows: | ||
| Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE | ||
| COLLECTION. (a) A physician assistant licensed under this chapter | ||
| whose practice includes treating patients in an emergency room | ||
| setting shall complete at least two hours of continuing medical | ||
| education relating to: | ||
| (1) the provision of trauma-informed care to sexual | ||
| assault survivors; | ||
| (2) appropriate community referrals and prophylactic | ||
| medications; | ||
| (3) the rights of a sexual assault survivor under | ||
| Chapter 56A, Code of Criminal Procedure, including the opportunity | ||
| to request the presence of an advocate as defined by Section | ||
| 420.003, Government Code, and a forensic medical examination; | ||
| (4) forensic evidence collection methods; and | ||
| (5) applicable state law pertaining to the custody, | ||
| transfer, and tracking of forensic evidence. | ||
| (b) The content of the continuing medical education | ||
| relating to forensic evidence collection must conform to the | ||
| evidence collection protocol distributed by the attorney general | ||
| under Section 420.031, Government Code. | ||
| (c) The board may permit the continuing medical education | ||
| under this section to be counted toward the continuing education | ||
| requirements under Section 204.1562(a)(2). | ||
| SECTION 19. Sections 2402.107(a) and (b), Occupations Code, | ||
| are amended to read as follows: | ||
| (a) Before permitting an individual to log in as a driver on | ||
| the company's digital network, a transportation network company | ||
| must: | ||
| (1) confirm that the individual: | ||
| (A) is at least 18 years of age; | ||
| (B) maintains a valid driver's license issued by | ||
| this state, another state, or the District of Columbia; and | ||
| (C) possesses proof of registration and | ||
| automobile financial responsibility for each motor vehicle to be | ||
| used to provide digitally prearranged rides; | ||
| (2) conduct, or cause to be conducted, a local, state, | ||
| and national criminal background check for the individual that | ||
| includes the use of: | ||
| (A) a commercial multistate and | ||
| multijurisdiction criminal records locator or other similar | ||
| commercial nationwide database; [ |
||
| (B) the national sex offender public website | ||
| maintained by the United States Department of Justice or a | ||
| successor agency; and | ||
| (C) the state sex offender public website | ||
| maintained by the Department of Public Safety; and | ||
| (3) obtain and review the individual's driving record. | ||
| (b) A transportation network company may not permit an | ||
| individual to log in as a driver on the company's digital network if | ||
| the individual: | ||
| (1) has been convicted in the three-year period | ||
| preceding the issue date of the driving record obtained under | ||
| Subsection (a)(3) of: | ||
| (A) more than three offenses classified by the | ||
| Department of Public Safety as moving violations; or | ||
| (B) one or more of the following offenses: | ||
| (i) fleeing or attempting to elude a police | ||
| officer under Section 545.421, Transportation Code; | ||
| (ii) reckless driving under Section | ||
| 545.401, Transportation Code; | ||
| (iii) driving without a valid driver's | ||
| license under Section 521.025, Transportation Code; or | ||
| (iv) driving with an invalid driver's | ||
| license under Section 521.457, Transportation Code; | ||
| (2) has been convicted in the preceding seven-year | ||
| period of any of the following: | ||
| (A) driving while intoxicated under Section | ||
| 49.04 or 49.045, Penal Code; | ||
| (B) use of a motor vehicle to commit a felony; | ||
| (C) a felony crime involving property damage; | ||
| (D) fraud; | ||
| (E) theft; | ||
| (F) an act of violence; or | ||
| (G) an act of terrorism; or | ||
| (3) is found to be registered in the national sex | ||
| offender public website maintained by the United States Department | ||
| of Justice or a successor agency or in the state sex offender public | ||
| website maintained by the Department of Public Safety. | ||
| SECTION 20. Section 92.0161(c), Property Code, is amended | ||
| to read as follows: | ||
| (c) If the tenant is a victim or a parent or guardian of a | ||
| victim of sexual assault under Section 22.011, Penal Code, | ||
| aggravated sexual assault under Section 22.021, Penal Code, | ||
| indecency with a child under Section 21.11, Penal Code, sexual | ||
| performance by a child under Section 43.25, Penal Code, continuous | ||
| sexual abuse of young child or disabled individual under Section | ||
| 21.02, Penal Code, or an attempt to commit any of the foregoing | ||
| offenses under Section 15.01, Penal Code, that takes place during | ||
| the preceding six-month period [ |
||
| landlord's agent a copy of: | ||
| (1) documentation of the assault or abuse, or | ||
| attempted assault or abuse, of the victim from a licensed health | ||
| care services provider who examined the victim; | ||
| (2) documentation of the assault or abuse, or | ||
| attempted assault or abuse, of the victim from a licensed mental | ||
| health services provider who examined or evaluated the victim; | ||
| (3) documentation of the assault or abuse, or | ||
| attempted assault or abuse, of the victim from an individual | ||
| authorized under Chapter 420, Government Code, who provided | ||
| services to the victim; or | ||
| (4) documentation of a protective order issued under | ||
| Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a | ||
| temporary ex parte order. | ||
| SECTION 21. Section 323.005(d), Health and Safety Code, is | ||
| repealed. | ||
| SECTION 22. The changes in law made by this Act to Chapter | ||
| 56A, Code of Criminal Procedure, apply only to a sexual assault or | ||
| other sex offense that is first reported or for which medical care | ||
| is first sought on or after the effective date of this Act. A sexual | ||
| assault or other sex offense that is first reported or for which | ||
| medical care was first sought before the effective date of this Act | ||
| is governed by the law in effect on the date the sexual assault was | ||
| reported or the medical care was sought, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 23. Section 420.011(c), Government Code, as amended | ||
| by this Act, applies only to an application for renewal of a sexual | ||
| assault nurse examiner certificate filed on or after the effective | ||
| date of this Act. An application for renewal of a certificate filed | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the application was filed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 24. Section 156.057, Occupations Code, as amended | ||
| by this Act, and Section 204.1563, Occupations Code, as added by | ||
| this Act, apply to an application for the renewal of a license filed | ||
| on or after September 1, 2026. An application for the renewal of a | ||
| license filed before that date is governed by the law in effect on | ||
| the date the application was filed, and the former law is continued | ||
| in effect for that purpose. | ||
| SECTION 25. Not later than June 1, 2026, the Texas Medical | ||
| Board shall adopt the rules required by Section 156.057, | ||
| Occupations Code, as amended by this Act. | ||
| SECTION 26. Not later than June 1, 2026, the Texas Physician | ||
| Assistant Board shall adopt rules to implement Section 204.1563, | ||
| Occupations Code, as added by this Act. | ||
| SECTION 27. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 47 was passed by the House on May 1, | ||
| 2025, by the following vote: Yeas 140, Nays 0, 7 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 47 was passed by the Senate on May 23, | ||
| 2025, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
