83R688 TJS-D
By: Thompson of Harris H.B. No. 90
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for compelled prostitution and certain
promotion of prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98A to read as follows:
CHAPTER 98A. LIABILITY FOR COMPELLED PROSTITUTION AND CERTAIN
PROMOTION OF PROSTITUTION
Sec. 98A.001. DEFINITIONS. In this chapter:
(1) "Advertisement" means any communication that
promotes a commercial product or service, including a communication
on an Internet website operated for a commercial purpose.
(2) "Aggravated promotion of prostitution" means
conduct that constitutes an offense under Section 43.04, Penal
Code.
(3) "Compelled prostitution" means prostitution
resulting from compelling prostitution.
(4) "Compelling prostitution" means conduct that
constitutes an offense under Section 43.05, Penal Code.
(5) "Promotion of prostitution" means conduct that
constitutes an offense under Section 43.03, Penal Code.
(6) "Prostitution" means conduct that constitutes an
offense under Section 43.02, Penal Code.
(7) "Victim of compelled prostitution" and "victim"
mean a person who commits prostitution as a result of another
person's compelling prostitution.
Sec. 98A.002. LIABILITY. (a) A defendant is liable to a
victim of compelled prostitution, as provided by this chapter, for
damages arising from the compelled prostitution if the defendant:
(1) engages in compelling prostitution with respect to
the victim;
(2) knowingly or intentionally engages in promotion of
prostitution or aggravated promotion of prostitution that results
in compelling prostitution with respect to the victim; or
(3) publishes an advertisement that the defendant
knows or reasonably should know constitutes promotion of
prostitution or aggravated promotion of prostitution, and the
publication of the advertisement results in compelling
prostitution with respect to the victim.
(b) It is not a defense to liability under this chapter
that:
(1) the defendant:
(A) has been acquitted or has not been prosecuted
or convicted under Subchapter A, Chapter 43, Penal Code, or has
been convicted of a different offense or of a different type or
class of offense for the conduct that is alleged to give rise to
liability under this chapter;
(B) is related to the victim by affinity or
consanguinity, has been in a consensual sexual relationship with
the victim, or has resided with the victim in a household; or
(C) has paid or otherwise compensated the victim
for prostitution; or
(2) the victim:
(A) voluntarily engaged in prostitution before
or after the compelled prostitution occurred; or
(B) did not attempt to escape, flee, or otherwise
terminate contact with the defendant at the time the compelled
prostitution allegedly occurred.
Sec. 98A.003. DAMAGES. (a) A claimant who prevails in a
suit under this chapter shall be awarded:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this chapter may recover exemplary
damages.
Sec. 98A.004. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 98A.005. JOINT AND SEVERAL LIABILITY. A person who
engages in conduct described by Section 98A.002 and is found liable
under this chapter or other law for any amount of damages arising
from that conduct is jointly and severally liable with any other
defendant for the entire amount of damages arising from that
conduct.
Sec. 98A.006. LIBERAL CONSTRUCTION AND APPLICATION. This
chapter shall be liberally construed and applied to promote its
underlying purpose to protect persons from compelled prostitution
and provide adequate remedies to victims of compelled prostitution.
SECTION 2. Chapter 98A, Civil Practice and Remedies Code,
as added 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
in effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.