81R5565 GCB-D
By: Nelson S.B. No. 528
A BILL TO BE ENTITLED
AN ACT
relating to the penalties prescribed for committing prostitution
within a certain distance of certain designated places.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.01, Penal Code, is amended by adding
Subdivisions (2-a) and (6) to read as follows:
(2-a) "Protected premises" means the real property and
all buildings and appurtenances pertaining to the real property of:
(A) an agency of the state or a political
subdivision of the state;
(B) a church;
(C) a public or private school;
(D) a licensed child-care facility;
(E) a hotel, motel, or similar establishment;
(F) a public park;
(G) the premises of the holder of a license or
permit issued under Title 3, Alcoholic Beverage Code; or
(H) a sexually oriented business.
(6) "Sexually oriented business" has the meaning
assigned by Section 243.002, Local Government Code.
SECTION 2. Section 43.02, Penal Code, is amended by adding
Subsection (d) to read as follows:
(d) If it is shown on the trial of the offense that the actor
committed the offense within 1,000 feet of a protected premises,
the offense is:
(1) a Class B misdemeanor with a minimum term of
confinement of 90 days, if the offense would otherwise be
punishable as a Class B misdemeanor under Subsection (c);
(2) a Class A misdemeanor with a minimum term of
confinement of 180 days, if the offense would otherwise be
punishable as a Class A misdemeanor under Subsection (c); and
(3) a state jail felony with a minimum term of
confinement of one year, if the offense would otherwise be
punishable as a state jail felony under Subsection (c).
SECTION 3. Section 43.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
unless it is shown on the trial of the offense that the actor
committed the offense within 1,000 feet of a protected premises, in
which event the offense is a Class A misdemeanor with a minimum term
of confinement of 180 days.
SECTION 4. The change in law made 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
covered by the law in effect when 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 was committed before that
date.
SECTION 5. This Act takes effect September 1, 2009.