Bill Text: TX SB1036 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Jurisprudence [SB1036 Detail]
Download: Texas-2021-SB1036-Introduced.html
87R6382 SCL/MCK/JAM-D | ||
By: Huffman | S.B. No. 1036 |
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relating to regulation of certain facilities and establishments | ||
with respect to, civil remedies for certain criminal activities | ||
affecting, and certain criminal offenses involving health, safety, | ||
and welfare; creating a criminal offense; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.44(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) The commission shall deny an application for a permit or | ||
license for any location of an applicant who submitted a prior | ||
application that expired or was voluntarily surrendered before the | ||
hearing on the application was held on a protest involving | ||
allegations of prostitution, a shooting, stabbing, or other violent | ||
act, or an offense involving drugs, [ |
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drink solicitation as described by Section 104.01 before the third | ||
anniversary of the date the prior application expired or was | ||
voluntarily surrendered. | ||
SECTION 2. Section 11.46(c), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(c) The commission shall deny for a period of one year after | ||
cancellation an application for a mixed beverage permit or private | ||
club registration permit for a premises where a license or permit | ||
has been canceled during the preceding 12 months as a result of: | ||
(1) a shooting, stabbing, or other violent act; [ |
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(2) [ |
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prostitution, [ |
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described by Section 104.01. | ||
SECTION 3. Section 61.42(c), Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
(c) The commission shall deny for a period of one year an | ||
application for a retail dealer's on-premise license or a wine and | ||
malt beverage retailer's permit for a premises where a license or | ||
permit has been canceled during the preceding 12 months as a result | ||
of: | ||
(1) a shooting, stabbing, or other violent act; [ |
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(2) [ |
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prostitution, [ |
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described by Section 104.01. | ||
SECTION 4. Section 125.0017, Civil Practice and Remedies | ||
Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th | ||
Legislature, Regular Session, 2017, is amended to read as follows: | ||
Sec. 125.0017. NOTICE BY LAW ENFORCEMENT OF [ |
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CERTAIN ACTIVITIES. If a law enforcement agency has reason to | ||
believe [ |
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Section 125.0015(a)(6), (7), or (18) has occurred [ |
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property leased to a person operating a massage establishment as | ||
defined by Section 455.001, Occupations Code, [ |
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agency may [ |
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person maintaining the property of the alleged activity [ |
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SECTION 5. Section 125.0025(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) Except as provided by Section 125.005 [ |
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finding that a web address or computer network is a common nuisance, | ||
the sole remedy available is a judicial finding issued to the | ||
attorney general. | ||
SECTION 6. Sections 125.004(a-1) and (a-2), Civil Practice | ||
and Remedies Code, are amended to read as follows: | ||
(a-1) Proof in the form of a person's arrest or the | ||
testimony of a law enforcement agent that an activity described by | ||
Section 125.0015(a)(6) or (7) is committed at a place licensed as a | ||
massage establishment under Chapter 455, Occupations Code, or | ||
advertised as offering massage therapy or massage services, after | ||
notice [ |
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with Section 125.0017, is prima facie evidence that the defendant: | ||
(1) knowingly tolerated the activity; and | ||
(2) did not make a reasonable attempt to abate the | ||
activity. | ||
(a-2) Proof that an activity described by Section | ||
125.0015(a)(18) is committed at a place maintained by the | ||
defendant, after notice [ |
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defendant in accordance with Section 125.0017, is prima facie | ||
evidence that the defendant: | ||
(1) knowingly tolerated the activity; and | ||
(2) did not make a reasonable attempt to abate the | ||
activity. | ||
SECTION 7. Section 125.004(a-3), Civil Practice and | ||
Remedies Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th | ||
Legislature, Regular Session, 2017, is amended to read as follows: | ||
(a-3) For purposes of Subsections (a-1) and (a-2), notice is | ||
considered to be provided to the defendant the earlier of: | ||
(1) seven days after the postmark date of the notice | ||
provided under Section 125.0017; or | ||
(2) the date the defendant actually received notice | ||
under Section 125.0017. | ||
SECTION 8. Subchapter A, Chapter 125, Civil Practice and | ||
Remedies Code, is amended by adding Section 125.005 to read as | ||
follows: | ||
Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER | ||
CHAPTER. In an action brought under this chapter, the court may | ||
award a prevailing party reasonable attorney's fees in addition to | ||
costs incurred in bringing the action. In determining the amount of | ||
attorney's fees, the court shall consider: | ||
(1) the time and labor involved; | ||
(2) the novelty and difficulty of the questions; | ||
(3) the expertise, reputation, and ability of the | ||
attorney; and | ||
(4) any other factor considered relevant by the court. | ||
SECTION 9. Section 125.070(d), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(d) A district, county, or city attorney or the attorney | ||
general may sue for money damages on behalf of the state or a | ||
governmental entity. If the state or a governmental entity | ||
prevails in a suit under this section, the state or governmental | ||
entity may recover: | ||
(1) actual damages; | ||
(2) a civil penalty in an amount not to exceed $20,000 | ||
for each violation; and | ||
(3) court costs and attorney's fees in accordance with | ||
Section 125.005. | ||
SECTION 10. Section 140A.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise | ||
commits racketeering if, for financial gain, the person or | ||
enterprise commits an offense under Chapter 20A, Penal Code | ||
(trafficking of persons)[ |
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[ |
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[ |
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SECTION 11. Section 140A.102(b), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(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; and [ |
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(8) orders that property attached under Chapter 61 be | ||
used to satisfy an award of the court, including damages, | ||
penalties, costs, and fees. | ||
SECTION 12. Section 140A.104(d), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(d) An enterprise may not be held liable under this chapter | ||
based on the conduct of a person [ |
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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 person [ |
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SECTION 13. Articles 42A.453(a) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) In this article, "playground," "premises," "school," | ||
"video arcade facility," and "youth center" have the meanings | ||
assigned by Section 481.134, Health and Safety Code, and "general | ||
residential operation" has the meaning assigned by Section 42.002, | ||
Human Resources Code. | ||
(c) If a judge grants community supervision to a defendant | ||
described by Subsection (b) and the judge determines that a child as | ||
defined by Section 22.011(c), Penal Code, was the victim of the | ||
offense, the judge shall establish a child safety zone applicable | ||
to the defendant by requiring as a condition of community | ||
supervision that the defendant: | ||
(1) not: | ||
(A) supervise or participate in any program that: | ||
(i) includes as participants or recipients | ||
persons who are 17 years of age or younger; and | ||
(ii) regularly provides athletic, civic, or | ||
cultural activities; or | ||
(B) go in, on, or within 1,000 feet of a premises | ||
where children commonly gather, including a school, day-care | ||
facility, playground, public or private youth center, public | ||
swimming pool, [ |
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operation operating as a residential treatment center; and | ||
(2) attend psychological counseling sessions for sex | ||
offenders with an individual or organization that provides sex | ||
offender treatment or counseling as specified or approved by the | ||
judge or the defendant's supervision officer. | ||
SECTION 14. Section 481.134(a), Health and Safety Code, is | ||
amended by adding Subdivision (8) to read as follows: | ||
(8) "General residential operation" has the meaning | ||
assigned by Section 42.002, Human Resources Code. | ||
SECTION 15. Sections 481.134(b), (c), (d), (e), and (f), | ||
Health and Safety Code, are amended to read as follows: | ||
(b) An offense otherwise punishable as a state jail felony | ||
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is | ||
punishable as a felony of the third degree, and an offense otherwise | ||
punishable as a felony of the second degree under any of those | ||
sections is punishable as a felony of the first degree, if it is | ||
shown at the punishment phase of the trial of the offense that the | ||
offense was committed: | ||
(1) in, on, or within 1,000 feet of premises owned, | ||
rented, or leased by an institution of higher learning, the | ||
premises of a public or private youth center, or a playground; [ |
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(2) in, on, or within 300 feet of the premises of a | ||
public swimming pool or video arcade facility; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), | ||
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), | ||
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), | ||
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), | ||
(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five | ||
years and the maximum fine for the offense is doubled if it is shown | ||
on the trial of the offense that the offense was committed: | ||
(1) in, on, or within 1,000 feet of the premises of a | ||
school, the premises of a public or private youth center, or a | ||
playground; [ |
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(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(d) An offense otherwise punishable under Section | ||
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), | ||
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or | ||
481.121(b)(3) is a felony of the third degree if it is shown on the | ||
trial of the offense that the offense was committed: | ||
(1) in, on, or within 1,000 feet of any real property | ||
that is owned, rented, or leased to a school or school board, the | ||
premises of a public or private youth center, or a playground; [ |
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(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(e) An offense otherwise punishable under Section | ||
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state | ||
jail felony if it is shown on the trial of the offense that the | ||
offense was committed: | ||
(1) in, on, or within 1,000 feet of any real property | ||
that is owned, rented, or leased to a school or school board, the | ||
premises of a public or private youth center, or a playground; [ |
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(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class | ||
A misdemeanor if it is shown on the trial of the offense that the | ||
offense was committed: | ||
(1) in, on, or within 1,000 feet of any real property | ||
that is owned, rented, or leased to a school or school board, the | ||
premises of a public or private youth center, or a playground; [ |
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(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 16. Section 42.002, Human Resources Code, is | ||
amended by adding Subdivision (25) to read as follows: | ||
(25) "Grounds" means, with regard to property, the | ||
real property, whether fenced or unfenced, of the parcel of land on | ||
which is located any appurtenant building, structure, or other | ||
improvement, including a public or private driveway, street, | ||
sidewalk or walkway, parking lot, and parking garage on the | ||
property. | ||
SECTION 17. Sections 42.042(e), (g), and (g-2), Human | ||
Resources Code, are amended to read as follows: | ||
(e) The executive commissioner shall promulgate minimum | ||
standards that apply to licensed child-care facilities and to | ||
registered family homes covered by this chapter and that will: | ||
(1) promote the health, safety, and welfare of | ||
children attending a facility or registered family home; | ||
(2) promote safe, comfortable, and healthy physical | ||
facilities and registered family homes for children; | ||
(3) ensure adequate supervision of children by | ||
capable, qualified, and healthy personnel; | ||
(4) ensure adequate and healthy food service where | ||
food service is offered; | ||
(5) prohibit racial discrimination by child-care | ||
facilities and registered family homes; | ||
(6) require procedures for parental and guardian | ||
consultation in the formulation of children's educational and | ||
therapeutic programs; | ||
(7) prevent the breakdown of foster care and adoptive | ||
placement; [ |
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(8) ensure that a child-care facility or registered | ||
family home: | ||
(A) follows the directions of a child's physician | ||
or other health care provider in providing specialized medical | ||
assistance required by the child; and | ||
(B) maintains for a reasonable time a copy of any | ||
directions from the physician or provider that the parent provides | ||
to the facility or home; and | ||
(9) ensure that a child's health, safety, and welfare | ||
are adequately protected on the grounds of a child-care facility or | ||
registered family home. | ||
(g) In promulgating minimum standards the executive | ||
commissioner may recognize and treat differently the types of | ||
services provided by and the grounds appurtenant to the following: | ||
(1) listed family homes; | ||
(2) registered family homes; | ||
(3) child-care facilities, including general | ||
residential operations, cottage home operations, specialized | ||
child-care homes, group day-care homes, and day-care centers; | ||
(4) child-placing agencies; | ||
(5) agency foster homes; | ||
(6) continuum-of-care residential operations; | ||
(7) before-school or after-school programs; and | ||
(8) school-age programs. | ||
(g-2) The executive commissioner by rule shall adopt | ||
minimum standards that apply to general residential operations that | ||
provide comprehensive residential and nonresidential services to | ||
persons who are victims of trafficking under Section 20A.02, Penal | ||
Code. In adopting the minimum standards under this subsection, the | ||
executive commissioner shall consider: | ||
(1) the special circumstances, [ |
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precautions required of victims of trafficking of persons; [ |
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(2) the role of the general residential operations in | ||
assisting, [ |
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of persons; and | ||
(3) the vulnerability of victims of trafficking of | ||
persons on the grounds of a general residential operation operating | ||
as a residential treatment center. | ||
SECTION 18. Subchapter C, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.068 to read as follows: | ||
Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE; | ||
CRIMINAL PENALTY. (a) Each general residential operation | ||
operating as a residential treatment center shall post "No | ||
Trespassing" notices on the grounds of the general residential | ||
operation in the following locations: | ||
(1) parallel to and along the exterior boundaries of | ||
the general residential operation's grounds; | ||
(2) at each roadway or other way of access to the | ||
grounds; | ||
(3) for grounds not fenced, at least every five | ||
hundred feet along the exterior boundaries of the grounds; | ||
(4) at each entrance to the grounds; and | ||
(5) at conspicuous places reasonably likely to be | ||
viewed by intruders. | ||
(b) Each "No Trespassing" notice posted on the grounds of a | ||
general residential operation operating as a residential treatment | ||
center must: | ||
(1) state that entry to the property is forbidden; | ||
(2) include a description of the provisions of | ||
Section 30.05, Penal Code, including the penalties for violating | ||
Section 30.05, Penal Code; | ||
(3) include the name and address of the person under | ||
whose authority the notice is posted; | ||
(4) be written in English and Spanish; and | ||
(5) be at least 8-1/2 by 11 inches in size. | ||
(c) The executive commissioner by rule shall determine and | ||
prescribe the requirements regarding the placement, installation, | ||
design, size, wording, and maintenance procedures for the "No | ||
Trespassing" notices. | ||
(d) The commission shall provide without charge to each | ||
general residential operation operating as a residential treatment | ||
center the number of "No Trespassing" notices required to comply | ||
with this section and rules adopted under this section. | ||
(e) A person who operates a general residential operation | ||
operating as a residential treatment center commits an offense if | ||
the commission provides "No Trespassing" notices to the facility | ||
and the person fails to display the "No Trespassing" notices on the | ||
operation's grounds as required by this section before the end of | ||
the 30th business day after the date the operation receives the | ||
notices. An offense under this subsection is a Class C misdemeanor. | ||
SECTION 19. Section 20A.01, Penal Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Coercion" as defined by Section 1.07 includes: | ||
(A) destroying, concealing, confiscating, or | ||
withholding from a trafficked person, or threatening to destroy, | ||
conceal, confiscate, or withhold from a trafficked person, the | ||
person's actual or purported: | ||
(i) government records; or | ||
(ii) identifying information or documents; | ||
(B) causing a trafficked person, without the | ||
person's consent, to become intoxicated, as defined by Section | ||
49.01, to a degree that impairs the person's ability to appraise the | ||
nature of or resist engaging in any conduct, including performing | ||
or providing labor or services; or | ||
(C) withholding alcohol or a controlled | ||
substance to a degree that impairs the ability of a trafficked | ||
person with a chemical dependency, as defined by Section 462.001, | ||
Health and Safety Code, to appraise the nature of or resist engaging | ||
in any conduct, including performing or providing labor or | ||
services. | ||
SECTION 20. Section 20A.02(b), Penal Code, is amended to | ||
read as follows: | ||
(b) Except as otherwise provided by this subsection, an | ||
offense under this section is a felony of the second degree. An | ||
offense under this section is a felony of the first degree if: | ||
(1) the applicable conduct constitutes an offense | ||
under Subsection (a)(5), (6), (7), or (8), regardless of whether | ||
the actor knows the age of the child at the time of the offense; | ||
(2) the commission of the offense results in the death | ||
of the person who is trafficked; [ |
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(3) the commission of the offense results in the death | ||
of an unborn child of the person who is trafficked; or | ||
(4) the actor recruited, enticed, or obtained the | ||
victim of the offense from a shelter or facility operating as a | ||
residential treatment center that serves runaway youth, foster | ||
children, the homeless, or persons subjected to human trafficking, | ||
domestic violence, or sexual assault. | ||
SECTION 21. Section 30.05(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person enters or | ||
remains on or in property of another, including residential land, | ||
agricultural land, a recreational vehicle park, a building, a | ||
general residential operation operating as a residential treatment | ||
center, or an aircraft or other vehicle, without effective consent | ||
and the person: | ||
(1) had notice that the entry was forbidden; or | ||
(2) received notice to depart but failed to do so. | ||
SECTION 22. Section 30.05(b), Penal Code, is amended by | ||
adding Subdivision (13) to read as follows: | ||
(13) "General residential operation" has the meaning | ||
assigned by Section 42.002, Human Resources Code. | ||
SECTION 23. Section 30.05(d), Penal Code, is amended to | ||
read as follows: | ||
(d) An offense under this section is: | ||
(1) a Class B misdemeanor, except as provided by | ||
Subdivisions (2) and (3); | ||
(2) a Class C misdemeanor, except as provided by | ||
Subdivision (3), if the offense is committed: | ||
(A) on agricultural land and within 100 feet of | ||
the boundary of the land; or | ||
(B) on residential land and within 100 feet of a | ||
protected freshwater area; and | ||
(3) a Class A misdemeanor if: | ||
(A) the offense is committed: | ||
(i) in a habitation or a shelter center; | ||
(ii) on a Superfund site; or | ||
(iii) on or in a critical infrastructure | ||
facility; | ||
(B) the offense is committed on or in property of | ||
an institution of higher education and it is shown on the trial of | ||
the offense that the person has previously been convicted of: | ||
(i) an offense under this section relating | ||
to entering or remaining on or in property of an institution of | ||
higher education; or | ||
(ii) an offense under Section 51.204(b)(1), | ||
Education Code, relating to trespassing on the grounds of an | ||
institution of higher education; [ |
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(C) the person carries a deadly weapon during the | ||
commission of the offense; or | ||
(D) the offense is committed on the property of | ||
or within a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 24. Section 71.028(a), Penal Code, is amended to | ||
read as follows: | ||
(a) In this section: | ||
(1) "General residential operation" has the meaning | ||
assigned by Section 42.002, Human Resources Code. | ||
(2) "Institution of higher education," "playground," | ||
"premises," "school," "video arcade facility," and "youth center" | ||
have the meanings assigned by Section 481.134, Health and Safety | ||
Code. | ||
(3) [ |
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walkway or hall area that connects retail, service, or professional | ||
establishments. | ||
SECTION 25. Section 71.028(c), Penal Code, is amended to | ||
read as follows: | ||
(c) Except as provided by Subsection (d), the punishment | ||
prescribed for an offense described by Subsection (b) is increased | ||
to the punishment prescribed for the next highest category of | ||
offense if the actor is 17 years of age or older and it is shown | ||
beyond a reasonable doubt on the trial of the offense that the actor | ||
committed the offense at a location that was: | ||
(1) in, on, or within 1,000 feet of any: | ||
(A) real property that is owned, rented, or | ||
leased by a school or school board; | ||
(B) premises owned, rented, or leased by an | ||
institution of higher education; | ||
(C) premises of a public or private youth center; | ||
[ |
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(D) playground; or | ||
(E) general residential operation operating as a | ||
residential treatment center; | ||
(2) in, on, or within 300 feet of any: | ||
(A) shopping mall; | ||
(B) movie theater; | ||
(C) premises of a public swimming pool; or | ||
(D) premises of a video arcade facility; or | ||
(3) on a school bus. | ||
SECTION 26. The following provisions are repealed: | ||
(1) Section 125.0017, Civil Practice and Remedies | ||
Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th | ||
Legislature, Regular Session, 2017; | ||
(2) Section 125.003(d), Civil Practice and Remedies | ||
Code; | ||
(3) Section 125.004(a-3), Civil Practice and Remedies | ||
Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th | ||
Legislature, Regular Session, 2017; | ||
(4) Section 125.068, Civil Practice and Remedies Code; | ||
and | ||
(5) Section 20A.02(a-1), Penal Code. | ||
SECTION 27. (a) Sections 11.44(b), 11.46(c), and 61.42(c), | ||
Alcoholic Beverage Code, as amended by this Act, apply to an | ||
application for an alcoholic beverage permit or license filed on or | ||
after the effective date of this Act or pending on the effective | ||
date of this Act. | ||
(b) The change in law made to the Civil Practice and | ||
Remedies Code by this Act applies only to a cause of action that | ||
accrues on or after the effective date of this Act. A cause of | ||
action that accrues before the effective date of this Act is | ||
governed by the law applicable to the cause of action immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
(c) The change in law made to Section 481.134, Health and | ||
Safety Code, and the Penal Code by this Act applies 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 28. This Act takes effect September 1, 2021. |