Texas 2011 - 82nd Regular

Texas House Bill HB1122 Compare Versions

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1	1	82R22629 E
2	2	By: Weber, Gallego, Creighton, H.B. No. 1122
3	3	Martinez Fischer, Thompson, et al.
4	4	Substitute the following for H.B. No. 1122:
5	5	By: Gallego C.S.H.B. No. 1122
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the trafficking of persons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 20A.01, Penal Code, is amended to read as
13	13	follows:
14	14	Sec. 20A.01. DEFINITIONS. In this chapter:
15	15	(a) [(1)] "Forced labor or services" means labor or
16	16	services, excluding those defined in Subsection (c) and Subsection
17	17	(d), [including conduct that constitutes an offense under Section
18	18	43.02,] that are performed or provided by another person and
19	19	obtained through an actor's use of force, fraud, or coercion [:
20	20	[(A) causing or threatening to cause bodily
21	21	injury to the person or another person or otherwise causing the
22	22	person performing or providing labor or services to believe that
23	23	the person or another person will suffer bodily injury;
24	24	[(B) restraining or threatening to restrain the
25	25	person or another person in a manner described by Section 20.01(1)
26	26	or causing the person performing or providing labor or services to
27	27	believe that the person or another person will be restrained;
28	28	[(C) knowingly destroying, concealing, removing,
29	29	confiscating, or withholding from the person or another person, or
30	30	threatening to destroy, conceal, remove, confiscate, or withhold
31	31	from the person or another person, the person's actual or
32	32	purported:
33	33	[(i) government records;
34	34	[(ii) identifying information; or
35	35	[(iii) personal property;
36	36	[(D) threatening the person with abuse of the law
37	37	or the legal process in relation to the person or another person;
38	38	[(E) threatening to report the person or another
39	39	person to immigration officials or other law enforcement officials
40	40	or otherwise blackmailing or extorting the person or another
41	41	person;
42	42	[(F) exerting financial control over the person
43	43	or another person by placing the person or another person under the
44	44	actor's control as security for a debt to the extent that:
45	45	[(i) the value of the services provided by
46	46	the person or another person as reasonably assessed is not applied
47	47	toward the liquidation of the debt;
48	48	[(ii) the duration of the services provided
49	49	by the person or another person is not limited and the nature of the
50	50	services provided by the person or another person is not defined; or
51	51	[(iii) the principal amount of the debt
52	52	does not reasonably reflect the value of the items or services for
53	53	which the debt was incurred; or
54	54	[(G) using any scheme, plan, or pattern intended
55	55	to cause the person to believe that the person or another person
56	56	will be subjected to serious harm or restraint if the person does
57	57	not perform or provide the labor or services].
58	58	(b) [(2)] "Traffic" means to transport, entice, recruit,
59	59	harbor, provide, or otherwise obtain another person by any means.
60	60	(c) "Sexual services" means conduct which constitutes an
61	61	offense under the following sections of the Penal Code:
62	62	(1) Section 43.02 (Prostitution);
63	63	(2) Section 43.03 (Promotion of Prostitution);
64	64	(3) Section 43.04 (Aggravated Promotion of
65	65	Prostitution); or
66	66	(4) Section 43.05 (Compelling Prostitution) and that
67	67	are obtained through an actor's use of force, fraud, or coercion.
68	68	(d) "Sexual services of a child" means conduct that
69	69	constitutes an offense under the following sections of the Penal
70	70	Code:
71	71	(1) Section 21.02 (Continuous Sexual Abuse of Young
72	72	Child or Children);
73	73	(2) Section 21.11 (Indecency with a Child);
74	74	(3) Section 22.011 (Sexual Assault);
75	75	(4) Section 22.021 (Aggravated Sexual Assault);
76	76	(5) Section 43.02 (Prostitution);
77	77	(6) Section 43.03 (Promotion of Prostitution);
78	78	(7) Section 43.04 (Aggravated Promotion of
79	79	Prostitution);
80	80	(8) Section 43.05 (Compelling Prostitution);
81	81	(9) Section 43.25 (Sexual Performance by a Child);
82	82	(10) Section 43.251 (Employment Harmful to Children);
83	83	or
84	84	(11) Section 43.26 (Possession or Promotion of Child
85	85	Pornography), regardless of whether the actor knows the age of the
86	86	child at the time the actor commits the offense and regardless of
87	87	whether the actor uses force, fraud, or coercion in the commission
88	88	of the offense.
89	89	(e) "Child" means a person younger than 18 years of age.
90	90	SECTION 2. Section 20A.02, Penal Code, is amended to read as
91	91	follows:
92	92	Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits
93	93	an offense if the person knowingly:
94	94	(1) traffics another person with the intent or
95	95	knowledge that the trafficked person [will] engage in forced labor
96	96	or services; or
97	97	(2) benefits from participating in a venture that
98	98	involves an activity described by Subdivision (1), including by
99	99	receiving labor or services the person knows are forced labor or
100	100	services.
101	101	(b) A person commits an offense if the person knowingly:
102	102	(1) traffics another person with the intent that the
103	103	trafficked person engage in sexual services; or
104	104	(2) benefits from participating in a venture that
105	105	involves an activity described by Subdivision (1), including by
106	106	receiving services the person knows are sexual services.
107	107	(c) A person commits an offense if the person knowingly:
108	108	(1) traffics a child with the intent that the
109	109	trafficked child engage in forced labor or services; or
110	110	(2) benefits from participating in a venture that
111	111	involves an activity described by Subdivision (1), including by
112	112	receiving labor or services the person knows are forced labor or
113	113	services.
114	114	(d) A person commits an offense if the person knowingly:
115	115	(1) traffics a child with the intent that the
116	116	trafficked child engage in sexual services; or
117	117	(2) benefits from participating in a venture that
118	118	involves an activity described by Subdivision (1), including by
119	119	receiving services the person knows are sexual services of a child.
120	120	(e) [(b)] Except as otherwise provided by this subsection,
121	121	an offense under this section is a felony of the second degree. An
122	122	offense under this section is a felony of the first degree if:
123	123	(1) the applicable conduct constitutes an offense
124	124	under Subsection (c) or Subsection (d) [Section 43.05 or 43.25 and
125	125	the person who is trafficked is a child younger than 18 years of age
126	126	at the time of the offense, regardless of whether the actor knows
127	127	the age of the child at the time the actor commits the offense]; or
128	128	(2) the commission of the offense results in the death
129	129	of the person who is trafficked.
130	130	(f) [(c)] If conduct constituting an offense under this
131	131	section also constitutes an offense under another section of this
132	132	code, the actor may be prosecuted under either section or under both
133	133	sections.
134	134	SECTION 3. Section 33.013(b), Civil Practice and Remedies
135	135	Code, is amended to read as follows:
136	136	(b) Notwithstanding Subsection (a), each liable defendant
137	137	is, in addition to his liability under Subsection (a), jointly and
138	138	severally liable for the damages recoverable by the claimant under
139	139	Section 33.012 with respect to a cause of action if:
140	140	(1) the percentage of responsibility attributed to the
141	141	defendant with respect to a cause of action is greater than 50
142	142	percent; or
143	143	(2) the defendant, with the specific intent to do harm
144	144	to others, acted in concert with another person to engage in the
145	145	conduct described in the following provisions of the Penal Code and
146	146	in so doing proximately caused the damages legally recoverable by
147	147	the claimant:
148	148	(A) Section 19.02 (murder);
149	149	(B) Section 19.03 (capital murder);
150	150	(C) Section 20.04 (aggravated kidnapping);
151	151	(D) Section 22.02 (aggravated assault);
152	152	(E) Section 22.011 (sexual assault);
153	153	(F) Section 22.021 (aggravated sexual assault);
154	154	(G) Section 22.04 (injury to a child, elderly
155	155	individual, or disabled individual);
156	156	(H) Section 32.21 (forgery);
157	157	(I) Section 32.43 (commercial bribery);
158	158	(J) Section 32.45 (misapplication of fiduciary
159	159	property or property of financial institution);
160	160	(K) Section 32.46 (securing execution of
161	161	document by deception);
162	162	(L) Section 32.47 (fraudulent destruction,
163	163	removal, or concealment of writing);
164	164	(M) conduct described in Chapter 31 the
165	165	punishment level for which is a felony of the third degree or
166	166	higher; [or]
167	167	(N) Section 21.02 (continuous sexual abuse of
168	168	young child or children);
169	169	(O) Section 43.05 (compelling prostitution); or
170	170	(P) Section 20A.02 (trafficking of persons).
171	171	SECTION 4. Section 98.002(a), Civil Practice and Remedies
172	172	Code, is amended to read as follows:
173	173	(a) A defendant who engages in the trafficking of persons,
174	174	[or] who intentionally or knowingly receives a benefit [benefits]
175	175	from participating in a venture that traffics another person, or
176	176	who is criminally responsible under Section 7.02, Penal Code, for
177	177	the conduct of another person who engages in the conduct described
178	178	by this section is liable to the person trafficked, as provided by
179	179	this chapter, for damages arising from the trafficking of that
180	180	person by, as applicable, the defendant, the [or] venture, or the
181	181	other person for whose conduct the defendant is criminally
182	182	responsible.
183	183	SECTION 5. Section 98.005, Civil Practice and Remedies
184	184	Code, is amended to read as follows:
185	185	Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who
186	186	engages in the trafficking of persons, [or] who intentionally or
187	187	knowingly receives a benefit [benefits] from participating in a
188	188	venture that traffics another person, or who is criminally
189	189	responsible under Section 7.02, Penal Code, for the conduct of
190	190	another person who engages in the conduct described by this section
191	191	and who is found liable under this chapter or other law for any
192	192	amount of damages arising from the trafficking is jointly liable
193	193	with any other defendant for the entire amount of damages arising
194	194	from the trafficking.
195	195	SECTION 6. Article 12.01, Code of Criminal Procedure, is
196	196	amended to read as follows:
197	197	Art. 12.01. FELONIES. Except as provided in Article 12.03,
198	198	felony indictments may be presented within these limits, and not
199	199	afterward:
200	200	(1) no limitation:
201	201	(A) murder and manslaughter;
202	202	(B) sexual assault under Section 22.011(a)(2),
203	203	Penal Code, or aggravated sexual assault under Section
204	204	22.021(a)(1)(B), Penal Code;
205	205	(C) sexual assault, if during the investigation
206	206	of the offense biological matter is collected and subjected to
207	207	forensic DNA testing and the testing results show that the matter
208	208	does not match the victim or any other person whose identity is
209	209	readily ascertained;
210	210	(D) continuous sexual abuse of young child or
211	211	children under Section 21.02, Penal Code;
212	212	(E) indecency with a child under Section 21.11,
213	213	Penal Code; [or]
214	214	(F) an offense involving leaving the scene of an
215	215	accident under Section 550.021, Transportation Code, if the
216	216	accident resulted in the death of a person;
217	217	(G) compelling prostitution under Section
218	218	43.05(a)(2); or
219	219	(H) trafficking of persons under Section
220	220	20A.02(d), Penal Code;
221	221	(2) ten years from the date of the commission of the
222	222	offense:
223	223	(A) theft of any estate, real, personal or mixed,
224	224	by an executor, administrator, guardian or trustee, with intent to
225	225	defraud any creditor, heir, legatee, ward, distributee,
226	226	beneficiary or settlor of a trust interested in such estate;
227	227	(B) theft by a public servant of government
228	228	property over which he exercises control in his official capacity;
229	229	(C) forgery or the uttering, using or passing of
230	230	forged instruments;
231	231	(D) injury to an elderly or disabled individual
232	232	punishable as a felony of the first degree under Section 22.04,
233	233	Penal Code;
234	234	(E) sexual assault, except as provided by
235	235	Subdivision (1); [or]
236	236	(F) arson;
237	237	(G) trafficking of persons under Sections
238	238	20A.02(a) and (b), Penal Code; or
239	239	(H) compelling prostitution, Section
240	240	43.05(a)(1), Penal Code;
241	241	(3) seven years from the date of the commission of the
242	242	offense:
243	243	(A) misapplication of fiduciary property or
244	244	property of a financial institution;
245	245	(B) securing execution of document by deception;
246	246	(C) a felony violation under Chapter 162, Tax
247	247	Code;
248	248	(D) false statement to obtain property or credit
249	249	under Section 32.32, Penal Code;
250	250	(E) money laundering;
251	251	(F) credit card or debit card abuse under Section
252	252	32.31, Penal Code; or
253	253	(G) fraudulent use or possession of identifying
254	254	information under Section 32.51, Penal Code;
255	255	(4) five years from the date of the commission of the
256	256	offense:
257	257	(A) theft or robbery;
258	258	(B) except as provided by Subdivision (5),
259	259	kidnapping or burglary;
260	260	(C) injury to an elderly or disabled individual
261	261	that is not punishable as a felony of the first degree under Section
262	262	22.04, Penal Code;
263	263	(D) abandoning or endangering a child; or
264	264	(E) insurance fraud;
265	265	(5) if the investigation of the offense shows that the
266	266	victim is younger than 17 years of age at the time the offense is
267	267	committed, 20 years from the 18th birthday of the victim of one of
268	268	the following offenses:
269	269	(A) sexual performance by a child under Section
270	270	43.25, Penal Code;
271	271	(B) aggravated kidnapping under Section
272	272	20.04(a)(4), Penal Code, if the defendant committed the offense
273	273	with the intent to violate or abuse the victim sexually; or
274	274	(C) burglary under Section 30.02, Penal Code, if
275	275	the offense is punishable under Subsection (d) of that section and
276	276	the defendant committed the offense with the intent to commit an
277	277	offense described by Subdivision (1)(B) or (D) of this article or
278	278	Paragraph (B) of this subdivision;
279	279	(6) ten years from the 18th birthday of the victim of
280	280	the offense:
281	281	(A) injury to a child under Section 22.04, Penal
282	282	Code;
283	283	(B) compelling prostitution under Section
284	284	43.05(a)(2), Penal Code; or
285	285	(C) trafficking of persons under Section
286	286	20A.02(c), Penal Code; or
287	287	(7) three years from the date of the commission of the
288	288	offense: all other felonies.
289	289	SECTION 7. Article 17.03(b), Code of Criminal Procedure, is
290	290	amended to read as follows:
291	291	(b) Only the court before whom the case is pending may
292	292	release on personal bond a defendant who:
293	293	(1) is charged with an offense under the following
294	294	sections of the Penal Code:
295	295	(A) Section 19.03 (Capital Murder);
296	296	(B) Section 20.04 (Aggravated Kidnapping);
297	297	(C) Section 22.021 (Aggravated Sexual Assault);
298	298	(D) Section 43.05(a)(2) (Compelling
299	299	Prostitution) [22.03 (Deadly Assault on Law Enforcement or
300	300	Corrections Officer, Member or Employee of Board of Pardons and
301	301	Paroles, or Court Participant)];
302	302	(E) Section 22.04 (Injury to a Child, Elderly
303	303	Individual, or Disabled Individual);
304	304	(F) Section 29.03 (Aggravated Robbery);
305	305	(G) Section 30.02 (Burglary);
306	306	(H) Section 71.02 (Engaging in Organized
307	307	Criminal Activity); [or]
308	308	(I) Section 21.02 (Continuous Sexual Abuse of
309	309	Young Child or Children); or
310	310	(J) Section 20A.02(d) (Trafficking of Persons);
311	311	(2) is charged with a felony under Chapter 481, Health
312	312	and Safety Code, or Section 485.033, Health and Safety Code,
313	313	punishable by imprisonment for a minimum term or by a maximum fine
314	314	that is more than a minimum term or maximum fine for a first degree
315	315	felony; or
316	316	(3) does not submit to testing for the presence of a
317	317	controlled substance in the defendant's body as requested by the
318	318	court or magistrate under Subsection (c) of this article or submits
319	319	to testing and the test shows evidence of the presence of a
320	320	controlled substance in the defendant's body.
321	321	SECTION 8. Article 18.021(a), Code of Criminal Procedure,
322	322	is amended to read as follows:
323	323	(a) A search warrant may be issued to search for and
324	324	photograph a child who is alleged to be the victim of any of the
325	325	following offenses under the Penal Code:
326	326	(1) [of] injury to a child as prohibited by Section
327	327	22.04;
328	328	(2) [, Penal Code;] sexual assault of a child as
329	329	prohibited by Section 22.011(a);
330	330	(3) [, Penal Code;] aggravated sexual assault of a
331	331	child as prohibited by Section 22.021;
332	332	(4) [, Penal Code; or] continuous sexual abuse of
333	333	young child or children as prohibited by Section 21.02;
334	334	(5) compelling prostitution as prohibited by Section
335	335	43.05(a)(2); or
336	336	(6) trafficking of persons as prohibited by Section
337	337	20A.02(d), Penal Code.
338	338	SECTION 9. Section 33.009, Family Code, is amended to read
339	339	as follows:
340	340	Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. (a)
341	341	This section applies only to conduct that violates one or more of
342	342	the following sections of the Penal Code:
343	343	(1) Section 20A.02(d), Penal Code;
344	344	(2) Section 21.02;
345	345	(3) Section 22.011;
346	346	(4) Section 22.021; or
347	347	(5) Section 25.02.
348	348	(b) If a [A] court or the guardian ad litem or attorney ad
349	349	litem for the minor [shall report conduct] reasonably believes
350	350	[believed to violate Section 21.02, 22.011, 22.021, or 25.02, Penal
351	351	Code], based on information obtained during a confidential court
352	352	proceeding held under this chapter, that a person has engaged in
353	353	conduct described by Subsection (a), the court or the guardian ad
354	354	litem or attorney ad litem shall report the conduct to:
355	355	(1) any local or state law enforcement agency;
356	356	(2) the Department of Family and Protective Services,
357	357	if the alleged conduct involves a person responsible for the care,
358	358	custody, or welfare of the child;
359	359	(3) the state agency that operates, licenses,
360	360	certifies, or registers the facility in which the alleged conduct
361	361	occurred, if the alleged conduct occurred in a facility operated,
362	362	licensed, certified, or registered by a state agency; or
363	363	(4) an appropriate agency designated by the court.
364	364	SECTION 10. Section 33.010, Family Code, is amended to read
365	365	as follows:
366	366	Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
367	367	law, information obtained by the Department of Family and
368	368	Protective Services or another entity under Section 33.008 or
369	369	33.009 is confidential except to the extent necessary to prove a
370	370	violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
371	371	or a violation of Section 20A.02(d), Penal Code.
372	372	SECTION 11. Section 161.001, Family Code, is amended to
373	373	read as follows:
374	374	Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
375	375	RELATIONSHIP. The court may order termination of the parent-child
376	376	relationship if the court finds by clear and convincing evidence:
377	377	(1) that the parent has:
378	378	(A) voluntarily left the child alone or in the
379	379	possession of another not the parent and expressed an intent not to
380	380	return;
381	381	(B) voluntarily left the child alone or in the
382	382	possession of another not the parent without expressing an intent
383	383	to return, without providing for the adequate support of the child,
384	384	and remained away for a period of at least three months;
385	385	(C) voluntarily left the child alone or in the
386	386	possession of another without providing adequate support of the
387	387	child and remained away for a period of at least six months;
388	388	(D) knowingly placed or knowingly allowed the
389	389	child to remain in conditions or surroundings which endanger the
390	390	physical or emotional well-being of the child;
391	391	(E) engaged in conduct or knowingly placed the
392	392	child with persons who engaged in conduct which endangers the
393	393	physical or emotional well-being of the child;
394	394	(F) failed to support the child in accordance
395	395	with the parent's ability during a period of one year ending within
396	396	six months of the date of the filing of the petition;
397	397	(G) abandoned the child without identifying the
398	398	child or furnishing means of identification, and the child's
399	399	identity cannot be ascertained by the exercise of reasonable
400	400	diligence;
401	401	(H) voluntarily, and with knowledge of the
402	402	pregnancy, abandoned the mother of the child beginning at a time
403	403	during her pregnancy with the child and continuing through the
404	404	birth, failed to provide adequate support or medical care for the
405	405	mother during the period of abandonment before the birth of the
406	406	child, and remained apart from the child or failed to support the
407	407	child since the birth;
408	408	(I) contumaciously refused to submit to a
409	409	reasonable and lawful order of a court under Subchapter D, Chapter
410	410	261;
411	411	(J) been the major cause of:
412	412	(i) the failure of the child to be enrolled
413	413	in school as required by the Education Code; or
414	414	(ii) the child's absence from the child's
415	415	home without the consent of the parents or guardian for a
416	416	substantial length of time or without the intent to return;
417	417	(K) executed before or after the suit is filed an
418	418	unrevoked or irrevocable affidavit of relinquishment of parental
419	419	rights as provided by this chapter;
420	420	(L) been convicted or has been placed on
421	421	community supervision, including deferred adjudication community
422	422	supervision, for being criminally responsible for the death or
423	423	serious injury of a child under the following sections of the Penal
424	424	Code or adjudicated under Title 3 for conduct that caused the death
425	425	or serious injury of a child and that would constitute a violation
426	426	of one of the following Penal Code sections:
427	427	(i) Section 19.02 (murder);
428	428	(ii) Section 19.03 (capital murder);
429	429	(iii) Section 19.04 (manslaughter);
430	430	(iv) Section 21.11 (indecency with a
431	431	child);
432	432	(v) Section 22.01 (assault);
433	433	(vi) Section 22.011 (sexual assault);
434	434	(vii) Section 22.02 (aggravated assault);
435	435	(viii) Section 22.021 (aggravated sexual
436	436	assault);
437	437	(ix) Section 22.04 (injury to a child,
438	438	elderly individual, or disabled individual);
439	439	(x) Section 22.041 (abandoning or
440	440	endangering child);
441	441	(xi) Section 25.02 (prohibited sexual
442	442	conduct);
443	443	(xii) Section 43.25 (sexual performance by
444	444	a child);
445	445	(xiii) Section 43.26 (possession or
446	446	promotion of child pornography); [and]
447	447	(xiv) Section 21.02 (continuous sexual
448	448	abuse of young child or children);
449	449	(xv) Section 43.05(a)(2) (compelling
450	450	prostitution);
451	451	(xvi) Section 43.02 (prostitution); and
452	452	(xvii) Section 20A.02(d) (trafficking of
453	453	persons);
454	454	(M) had his or her parent-child relationship
455	455	terminated with respect to another child based on a finding that the
456	456	parent's conduct was in violation of Paragraph (D) or (E) or
457	457	substantially equivalent provisions of the law of another state;
458	458	(N) constructively abandoned the child who has
459	459	been in the permanent or temporary managing conservatorship of the
460	460	Department of Family and Protective Services or an authorized
461	461	agency for not less than six months, and:
462	462	(i) the department or authorized agency has
463	463	made reasonable efforts to return the child to the parent;
464	464	(ii) the parent has not regularly visited
465	465	or maintained significant contact with the child; and
466	466	(iii) the parent has demonstrated an
467	467	inability to provide the child with a safe environment;
468	468	(O) failed to comply with the provisions of a
469	469	court order that specifically established the actions necessary for
470	470	the parent to obtain the return of the child who has been in the
471	471	permanent or temporary managing conservatorship of the Department
472	472	of Family and Protective Services for not less than nine months as a
473	473	result of the child's removal from the parent under Chapter 262 for
474	474	the abuse or neglect of the child;
475	475	(P) used a controlled substance, as defined by
476	476	Chapter 481, Health and Safety Code, in a manner that endangered the
477	477	health or safety of the child, and:
478	478	(i) failed to complete a court-ordered
479	479	substance abuse treatment program; or
480	480	(ii) after completion of a court-ordered
481	481	substance abuse treatment program, continued to abuse a controlled
482	482	substance;
483	483	(Q) knowingly engaged in criminal conduct that
484	484	has resulted in the parent's:
485	485	(i) conviction of an offense; and
486	486	(ii) confinement or imprisonment and
487	487	inability to care for the child for not less than two years from the
488	488	date of filing the petition;
489	489	(R) been the cause of the child being born
490	490	addicted to alcohol or a controlled substance, other than a
491	491	controlled substance legally obtained by prescription, as defined
492	492	by Section 261.001;
493	493	(S) voluntarily delivered the child to a
494	494	designated emergency infant care provider under Section 262.302
495	495	without expressing an intent to return for the child; or
496	496	(T) been convicted of:
497	497	(i) the murder of the other parent of the
498	498	child under Section 19.02 or 19.03, Penal Code, or under a law of
499	499	another state, federal law, the law of a foreign country, or the
500	500	Uniform Code of Military Justice that contains elements that are
501	501	substantially similar to the elements of an offense under Section
502	502	19.02 or 19.03, Penal Code;
503	503	(ii) criminal attempt under Section 15.01,
504	504	Penal Code, or under a law of another state, federal law, the law of
505	505	a foreign country, or the Uniform Code of Military Justice that
506	506	contains elements that are substantially similar to the elements of
507	507	an offense under Section 15.01, Penal Code, to commit the offense
508	508	described by Subparagraph (i); or
509	509	(iii) criminal solicitation under Section
510	510	15.03, Penal Code, or under a law of another state, federal law, the
511	511	law of a foreign country, or the Uniform Code of Military Justice
512	512	that contains elements that are substantially similar to the
513	513	elements of an offense under Section 15.03, Penal Code, of the
514	514	offense described by Subparagraph (i); and
515	515	(2) that termination is in the best interest of the
516	516	child.
517	517	SECTION 12. Section 262.2015(b), Family Code, is amended to
518	518	read as follows:
519	519	(b) The court may find under Subsection (a) that a parent
520	520	has subjected the child to aggravated circumstances if:
521	521	(1) the parent abandoned the child without
522	522	identification or a means for identifying the child;
523	523	(2) the child is a victim of serious bodily injury or
524	524	sexual abuse inflicted by the parent or by another person with the
525	525	parent's consent;
526	526	(3) the parent has engaged in conduct against the
527	527	child that would constitute an offense under the following
528	528	provisions of the Penal Code:
529	529	(A) Section 19.02 (murder);
530	530	(B) Section 19.03 (capital murder);
531	531	(C) Section 19.04 (manslaughter);
532	532	(D) Section 21.11 (indecency with a child);
533	533	(E) Section 22.011 (sexual assault);
534	534	(F) Section 22.02 (aggravated assault);
535	535	(G) Section 22.021 (aggravated sexual assault);
536	536	(H) Section 22.04 (injury to a child, elderly
537	537	individual, or disabled individual);
538	538	(I) Section 22.041 (abandoning or endangering
539	539	child);
540	540	(J) Section 25.02 (prohibited sexual conduct);
541	541	(K) Section 43.25 (sexual performance by a
542	542	child);
543	543	(L) Section 43.26 (possession or promotion of
544	544	child pornography); [or]
545	545	(M) Section 21.02 (continuous sexual abuse of
546	546	young child or children);
547	547	(N) Section 43.02 (prostitution);
548	548	(O) Section 43.05(a)(2) (compelling
549	549	prostitution); or
550	550	(P) Section 20A.02(d) (trafficking of persons);
551	551	(4) the parent voluntarily left the child alone or in
552	552	the possession of another person not the parent of the child for at
553	553	least six months without expressing an intent to return and without
554	554	providing adequate support for the child;
555	555	(5) the parent's parental rights with regard to
556	556	another child have been involuntarily terminated based on a finding
557	557	that the parent's conduct violated Section 161.001(1)(D) or (E) or
558	558	a substantially equivalent provision of another state's law;
559	559	(6) the parent has been convicted for:
560	560	(A) the murder of another child of the parent and
561	561	the offense would have been an offense under 18 U.S.C. Section
562	562	1111(a) if the offense had occurred in the special maritime or
563	563	territorial jurisdiction of the United States;
564	564	(B) the voluntary manslaughter of another child
565	565	of the parent and the offense would have been an offense under 18
566	566	U.S.C. Section 1112(a) if the offense had occurred in the special
567	567	maritime or territorial jurisdiction of the United States;
568	568	(C) aiding or abetting, attempting, conspiring,
569	569	or soliciting an offense under Subdivision (A) or (B); or
570	570	(D) the felony assault of the child or another
571	571	child of the parent that resulted in serious bodily injury to the
572	572	child or another child of the parent; or
573	573	(7) the parent's parental rights with regard to two
574	574	other children have been involuntarily terminated.
575	575	SECTION 13. Section 23.101(a), Government Code, is amended
576	576	to read as follows:
577	577	(a) The trial courts of this state shall regularly and
578	578	frequently set hearings and trials of pending matters, giving
579	579	preference to hearings and trials of the following:
580	580	(1) temporary injunctions;
581	581	(2) criminal actions, with the following actions given
582	582	preference over other criminal actions:
583	583	(A) criminal actions against defendants who are
584	584	detained in jail pending trial;
585	585	(B) criminal actions involving a charge that a
586	586	person committed an act of family violence, as defined by Section
587	587	71.004, Family Code;
588	588	(C) an offense under:
589	589	(i) Section 21.02 or 21.11, Penal Code;
590	590	(ii) Chapter 22, Penal Code, if the victim
591	591	of the alleged offense is younger than 17 years of age;
592	592	(iii) Section 25.02, Penal Code, if the
593	593	victim of the alleged offense is younger than 17 years of age;
594	594	(iv) Section 25.06, Penal Code; [or]
595	595	(v) Section 43.25, Penal Code;
596	596	(vi) Section 43.05(a)(2), Penal Code; or
597	597	(vii) Section 20A.02(d), Penal Code; and
598	598	(D) an offense described by Article 62.001(6)(C)
599	599	or (D), Code of Criminal Procedure;
600	600	(3) election contests and suits under the Election
601	601	Code;
602	602	(4) orders for the protection of the family under
603	603	Subtitle B, Title 4, Family Code;
604	604	(5) appeals of final rulings and decisions of the
605	605	division of workers' compensation of the Texas Department of
606	606	Insurance regarding workers' compensation claims and claims under
607	607	the Federal Employers' Liability Act and the Jones Act;
608	608	(6) appeals of final orders of the commissioner of the
609	609	General Land Office under Section 51.3021, Natural Resources Code;
610	610	(7) actions in which the claimant has been diagnosed
611	611	with malignant mesothelioma, other malignant asbestos-related
612	612	cancer, malignant silica-related cancer, or acute silicosis; and
613	613	(8) appeals brought under Section 42.01 or 42.015, Tax
614	614	Code, of orders of appraisal review boards of appraisal districts
615	615	established for counties with a population of less than 175,000.
616	616	SECTION 14. Section 411.1471(a), Government Code, is
617	617	amended to read as follows:
618	618	(a) This section applies to a defendant who is:
619	619	(1) indicted or waives indictment for a felony
620	620	prohibited or punishable under any of the following Penal Code
621	621	sections:
622	622	(A) Section 20.04(a)(4);
623	623	(B) Section 21.11;
624	624	(C) Section 22.011;
625	625	(D) Section 22.021;
626	626	(E) Section 25.02;
627	627	(F) Section 30.02(d);
628	628	(G) Section 43.05;
629	629	(H) Section 43.25;
630	630	(I) Section 43.26; [or]
631	631	(J) Section 21.02;
632	632	(K) Section 43.05(a)(2); or
633	633	(L) Section 20A.02(d), Penal Code;
634	634	(2) arrested for a felony described by Subdivision (1)
635	635	after having been previously convicted of or placed on deferred
636	636	adjudication for an offense described by Subdivision (1) or an
637	637	offense punishable under Section 30.02(c)(2), Penal Code; or
638	638	(3) convicted of an offense under Section 21.07 or
639	639	21.08, Penal Code.
640	640	SECTION 15. Section 25.026, Tax Code, is amended to read as
641	641	follows:
642	642	Sec. 25.026. CONFIDENTIALITY OF CERTAIN [VIOLENCE] SHELTER
643	643	CENTER AND SEXUAL ASSAULT PROGRAM ADDRESS INFORMATION. (a) In
644	644	this section:
645	645	(1) "Family violence shelter center" has the meaning
646	646	assigned by Section 51.002, Human Resources Code.
647	647	(2) "Sexual assault program" has the meaning assigned
648	648	by Section 420.003, Government Code.
649	649	(3) "Victims of trafficking shelter center" means a
650	650	program that:
651	651	(A) is operated by a public or private nonprofit
652	652	organization; and
653	653	(B) provides comprehensive residential and
654	654	nonresidential services to victims of trafficking of persons under
655	655	Section 20A.02, Penal Code.
656	656	(b) Information in appraisal records under Section 25.02 is
657	657	confidential and is available only for the official use of the
658	658	appraisal district, this state, the comptroller, and taxing units
659	659	and political subdivisions of this state if the information
660	660	identifies the address of a family violence shelter center, [or] a
661	661	sexual assault program, or a victims of trafficking shelter center.
662	662	SECTION 16. The change in law made by this Act applies only
663	663	to an offense committed on or after the effective date of this Act.
664	664	An offense committed before the effective date of this Act is
665	665	governed by the law in effect on the date the offense was committed,
666	666	and the former law is continued in effect for that purpose. For
667	667	purposes of this section, an offense was committed before the
668	668	effective date of this Act if any element of the offense occurred
669	669	before that date.
670	670	SECTION 17. This Act takes effect September 1, 2011.