Texas 2015 - 84th Regular

Texas House Bill HB3326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24592 JSC-F
2	2	By: Thompson of Harris, Dutton H.B. No. 3326
3	3	Substitute the following for H.B. No. 3326:
4	4	By: Herrero C.S.H.B. No. 3326
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to decreasing the punishment for certain criminal
10	10	offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 502.001(c), Business & Commerce Code, is
13	13	amended to read as follows:
14	14	(c) A restaurant or bar owner shall display in a prominent
15	15	place on the premises of the restaurant or bar a sign stating in
16	16	letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
17	17	CODE, IT IS A CLASS A MISDEMEANOR [STATE JAIL FELONY] (PUNISHABLE BY
18	18	CONFINEMENT IN [A STATE] JAIL FOR NOT MORE THAN ONE YEAR) [TWO
19	19	YEARS)] TO OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT
20	20	CARD OR CREDIT CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT."
21	21	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
22	22	amended to read as follows:
23	23	(d) Subsection (c) applies only to a person charged with
24	24	committing an offense under:
25	25	(1) Section 481.121, Health and Safety Code, if the
26	26	offense is punishable under Subsection (b)(2) or (3) [(b)(1) or
27	27	(2)] of that section;
28	28	(1-a) Section 481.1161, Health and Safety Code, if the
29	29	offense is punishable under Subsection (b)(1) or (2) of that
30	30	section;
31	31	(2) Section 28.03, Penal Code, if the offense is
32	32	punishable under Subsection (b)(2) of that section;
33	33	(3) Section 28.08, Penal Code, if the offense is
34	34	punishable under Subsection (b)(2) [(b)(1)] of that section;
35	35	(4) Section 31.03, Penal Code, if the offense is
36	36	punishable under Subsection (e)(2)(A) of that section;
37	37	(5) Section 31.04, Penal Code, if the offense is
38	38	punishable under Subsection (e)(2) of that section;
39	39	(6) Section 38.114, Penal Code, if the offense is
40	40	punishable as a Class B misdemeanor; or
41	41	(7) Section 521.457, Transportation Code.
42	42	SECTION 3. Section 15(a)(1), Article 42.12, Code of
43	43	Criminal Procedure, is amended to read as follows:
44	44	(1) On conviction of a state jail felony under Section
45	45	481.115(b-1) [481.115(b)], 481.1151(b)(1), 481.116(b),
46	46	481.1161(b)(3), 481.121(b)(4) [481.121(b)(3)], or 481.129(g)(1),
47	47	Health and Safety Code, that is punished under Section 12.35(a),
48	48	Penal Code, the judge shall suspend the imposition of the sentence
49	49	and place the defendant on community supervision, unless the
50	50	defendant has previously been convicted of a felony, other than a
51	51	felony punished under Section 12.44(a), Penal Code, or unless the
52	52	conviction resulted from an adjudication of the guilt of a
53	53	defendant previously placed on deferred adjudication community
54	54	supervision for the offense, in which event the judge may suspend
55	55	the imposition of the sentence and place the defendant on community
56	56	supervision or may order the sentence to be executed. The
57	57	provisions of this subdivision requiring the judge to suspend the
58	58	imposition of the sentence and place the defendant on community
59	59	supervision do not apply to a defendant who:
60	60	(A) under Section 481.1151(b)(1), Health and
61	61	Safety Code, possessed more than five abuse units of the controlled
62	62	substance;
63	63	(B) under Section 481.1161(b)(3), Health and
64	64	Safety Code, possessed more than one pound, by aggregate weight,
65	65	including adulterants or dilutants, of the controlled substance; or
66	66	(C) under Section 481.121(b)(4) [481.121(b)(3)],
67	67	Health and Safety Code, possessed more than one pound of marihuana.
68	68	SECTION 4. Section 51.03(b), Family Code, is amended to
69	69	read as follows:
70	70	(b) Conduct indicating a need for supervision is:
71	71	(1) subject to Subsection (f), conduct, other than a
72	72	traffic offense, that violates:
73	73	(A) the penal laws of this state of the grade of
74	74	misdemeanor that are punishable by fine only; or
75	75	(B) the penal ordinances of any political
76	76	subdivision of this state;
77	77	(2) the absence of a child on 10 or more days or parts
78	78	of days within a six-month period in the same school year or on
79	79	three or more days or parts of days within a four-week period from
80	80	school;
81	81	(3) the voluntary absence of a child from the child's
82	82	home without the consent of the child's parent or guardian for a
83	83	substantial length of time or without intent to return;
84	84	(4) conduct prohibited by city ordinance or by state
85	85	law involving the inhalation of the fumes or vapors of paint and
86	86	other protective coatings or glue and other adhesives and the
87	87	volatile chemicals itemized in Section 485.001, Health and Safety
88	88	Code;
89	89	(5) an act that violates a school district's
90	90	previously communicated written standards of student conduct for
91	91	which the child has been expelled under Section 37.007(c),
92	92	Education Code;
93	93	(6) conduct that violates a reasonable and lawful
94	94	order of a court entered under Section 264.305;
95	95	(7) notwithstanding Subsection (a)(1), conduct
96	96	described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
97	97	Code; or
98	98	(8) notwithstanding Subsection (a)(1), conduct that
99	99	violates Section 43.261, Penal Code.
100	100	SECTION 5. Section 261.001(1), Family Code, is amended to
101	101	read as follows:
102	102	(1) "Abuse" includes the following acts or omissions
103	103	by a person:
104	104	(A) mental or emotional injury to a child that
105	105	results in an observable and material impairment in the child's
106	106	growth, development, or psychological functioning;
107	107	(B) causing or permitting the child to be in a
108	108	situation in which the child sustains a mental or emotional injury
109	109	that results in an observable and material impairment in the
110	110	child's growth, development, or psychological functioning;
111	111	(C) physical injury that results in substantial
112	112	harm to the child, or the genuine threat of substantial harm from
113	113	physical injury to the child, including an injury that is at
114	114	variance with the history or explanation given and excluding an
115	115	accident or reasonable discipline by a parent, guardian, or
116	116	managing or possessory conservator that does not expose the child
117	117	to a substantial risk of harm;
118	118	(D) failure to make a reasonable effort to
119	119	prevent an action by another person that results in physical injury
120	120	that results in substantial harm to the child;
121	121	(E) sexual conduct harmful to a child's mental,
122	122	emotional, or physical welfare, including conduct that constitutes
123	123	the offense of continuous sexual abuse of young child or children
124	124	under Section 21.02, Penal Code, indecency with a child under
125	125	Section 21.11, Penal Code, sexual assault under Section 22.011,
126	126	Penal Code, or aggravated sexual assault under Section 22.021,
127	127	Penal Code;
128	128	(F) failure to make a reasonable effort to
129	129	prevent sexual conduct harmful to a child;
130	130	(G) compelling or encouraging the child to engage
131	131	in sexual conduct as defined by Section 43.01, Penal Code,
132	132	including compelling or encouraging the child in a manner [conduct]
133	133	that constitutes an offense of trafficking of persons under Section
134	134	20A.02(a)(7) or (8), Penal Code, prostitution under Section
135	135	43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
136	136	under Section 43.05(a)(2), Penal Code;
137	137	(H) causing, permitting, encouraging, engaging
138	138	in, or allowing the photographing, filming, or depicting of the
139	139	child if the person knew or should have known that the resulting
140	140	photograph, film, or depiction of the child is obscene as defined by
141	141	Section 43.21, Penal Code, or pornographic;
142	142	(I) the current use by a person of a controlled
143	143	substance as defined by Chapter 481, Health and Safety Code, in a
144	144	manner or to the extent that the use results in physical, mental, or
145	145	emotional injury to a child;
146	146	(J) causing, expressly permitting, or
147	147	encouraging a child to use a controlled substance as defined by
148	148	Chapter 481, Health and Safety Code;
149	149	(K) causing, permitting, encouraging, engaging
150	150	in, or allowing a sexual performance by a child as defined by
151	151	Section 43.25, Penal Code; or
152	152	(L) knowingly causing, permitting, encouraging,
153	153	engaging in, or allowing a child to be trafficked in a manner
154	154	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
155	155	(8), Penal Code, or the failure to make a reasonable effort to
156	156	prevent a child from being trafficked in a manner punishable as an
157	157	offense under any of those sections.
158	158	SECTION 6. Section 169.002(a), Health and Safety Code, is
159	159	amended to read as follows:
160	160	(a) The commissioners court of a county or governing body of
161	161	a municipality may establish a first offender prostitution
162	162	prevention program for defendants charged with an offense under
163	163	Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
164	164	offered or agreed to hire a person to engage in sexual conduct].
165	165	SECTION 7. Section 169A.002(a), Health and Safety Code, is
166	166	amended to read as follows:
167	167	(a) The commissioners court of a county or governing body of
168	168	a municipality may establish a prostitution prevention program for
169	169	defendants charged with an offense under Section 43.02(a)
170	170	[43.02(a)(1)], Penal Code[, in which the defendant offered or
171	171	agreed to engage in or engaged in sexual conduct for a fee].
172	172	SECTION 8. Section 481.115, Health and Safety Code, is
173	173	amended by amending Subsection (b) and adding Subsection (b-1) to
174	174	read as follows:
175	175	(b) Except as provided by Subsection (b-1), an [An] offense
176	176	under Subsection (a) is a Class A misdemeanor [state jail felony] if
177	177	the amount of the controlled substance possessed is, by aggregate
178	178	weight, including adulterants or dilutants, less than one gram.
179	179	(b-1) An offense punishable under Subsection (b) is a state
180	180	jail felony if the person has been previously convicted of an
181	181	offense under this section or Section 481.1151, 481.116, 481.1161,
182	182	481.117, 481.118, or 481.121.
183	183	SECTION 9. Section 481.121(b), Health and Safety Code, is
184	184	amended to read as follows:
185	185	(b) An offense under Subsection (a) is:
186	186	(1) a Class C misdemeanor if the amount of marihuana
187	187	possessed is one ounce or less;
188	188	(2) a Class B misdemeanor if the amount of marihuana
189	189	possessed is two ounces or less but more than one ounce;
190	190	(3) [(2)] a Class A misdemeanor if the amount of
191	191	marihuana possessed is four ounces or less but more than two ounces;
192	192	(4) [(3)] a state jail felony if the amount of
193	193	marihuana possessed is five pounds or less but more than four
194	194	ounces;
195	195	(5) [(4)] a felony of the third degree if the amount of
196	196	marihuana possessed is 50 pounds or less but more than 5 pounds;
197	197	(6) [(5)] a felony of the second degree if the amount
198	198	of marihuana possessed is 2,000 pounds or less but more than 50
199	199	pounds; and
200	200	(7) [(6)] punishable by imprisonment in the Texas
201	201	Department of Criminal Justice for life or for a term of not more
202	202	than 99 years or less than 5 years, and a fine not to exceed $50,000,
203	203	if the amount of marihuana possessed is more than 2,000 pounds.
204	204	SECTION 10. Section 481.126(a), Health and Safety Code, is
205	205	amended to read as follows:
206	206	(a) A person commits an offense if the person:
207	207	(1) barters property or expends funds the person knows
208	208	are derived from the commission of an offense under this chapter
209	209	punishable by imprisonment in the Texas Department of Criminal
210	210	Justice for life;
211	211	(2) barters property or expends funds the person knows
212	212	are derived from the commission of an offense under Section
213	213	481.121(a) that is punishable under Section 481.121(b)(6)
214	214	[481.121(b)(5)];
215	215	(3) barters property or finances or invests funds the
216	216	person knows or believes are intended to further the commission of
217	217	an offense for which the punishment is described by Subdivision
218	218	(1); or
219	219	(4) barters property or finances or invests funds the
220	220	person knows or believes are intended to further the commission of
221	221	an offense under Section 481.121(a) that is punishable under
222	222	Section 481.121(b)(6) [481.121(b)(5)].
223	223	SECTION 11. Sections 481.134(c), (d), (e), and (f), Health
224	224	and Safety Code, are amended to read as follows:
225	225	(c) The minimum term of confinement or imprisonment for an
226	226	offense otherwise punishable under Section 481.112(c), (d), (e), or
227	227	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
228	228	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
229	229	(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e),
230	230	481.120(b)(4), (5), or (6), or 481.121(b)(5), (6), or (7)
231	231	[481.121(b)(4), (5), or (6)] is increased by five years and the
232	232	maximum fine for the offense is doubled if it is shown on the trial
233	233	of the offense that the offense was committed:
234	234	(1) in, on, or within 1,000 feet of the premises of a
235	235	school, the premises of a public or private youth center, or a
236	236	playground; or
237	237	(2) on a school bus.
238	238	(d) An offense otherwise punishable under Section
239	239	481.112(b), 481.113(b), 481.114(b), 481.115(b-1) [481.115(b)],
240	240	481.116(b), 481.1161(b)(3), 481.120(b)(3), or 481.121(b)(4)
241	241	[481.121(b)(3)] is a felony of the third degree if it is shown on
242	242	the trial of the offense that the offense was committed:
243	243	(1) in, on, or within 1,000 feet of any real property
244	244	that is owned, rented, or leased to a school or school board, the
245	245	premises of a public or private youth center, or a playground; or
246	246	(2) on a school bus.
247	247	(e) An offense otherwise punishable under Section
248	248	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
249	249	[481.121(b)(2)] is a state jail felony if it is shown on the trial
250	250	of the offense that the offense was committed:
251	251	(1) in, on, or within 1,000 feet of any real property
252	252	that is owned, rented, or leased to a school or school board, the
253	253	premises of a public or private youth center, or a playground; or
254	254	(2) on a school bus.
255	255	(f) An offense otherwise punishable under Section
256	256	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) or (2) is a
257	257	Class A misdemeanor if it is shown on the trial of the offense that
258	258	the offense was committed:
259	259	(1) in, on, or within 1,000 feet of any real property
260	260	that is owned, rented, or leased to a school or school board, the
261	261	premises of a public or private youth center, or a playground; or
262	262	(2) on a school bus.
263	263	SECTION 12. Section 28.03(b), Penal Code, is amended to
264	264	read as follows:
265	265	(b) Except as provided by Subsections (f) and (h), an
266	266	offense under this section is:
267	267	(1) a Class C misdemeanor if:
268	268	(A) the amount of pecuniary loss is less than
269	269	$500 [$50]; or
270	270	(B) except as provided in Subdivision (3)(A) or
271	271	(3)(B), it causes substantial inconvenience to others;
272	272	(2) a Class B misdemeanor if the amount of pecuniary
273	273	loss is $500 [$50] or more but less than $1,500 [$500];
274	274	(3) a Class A misdemeanor if:
275	275	(A) the amount of pecuniary loss
276	276	is $1,500 [$500] or more but less than $20,000 [$1,500]; or
277	277	(B) the actor causes in whole or in part
278	278	impairment or interruption of any public water supply, or causes to
279	279	be diverted in whole, in part, or in any manner, including
280	280	installation or removal of any device for any such purpose, any
281	281	public water supply, regardless of the amount of the pecuniary
282	282	loss;
283	283	(4) a state jail felony if the amount of pecuniary loss
284	284	is:
285	285	(A) [$1,500 or more but less than $20,000;
286	286	[(B)] less than $20,000 [$1,500], if the property
287	287	damaged or destroyed is a habitation and if the damage or
288	288	destruction is caused by a firearm or explosive weapon;
289	289	(B) [(C)] less than $20,000 [$1,500], if the
290	290	property was a fence used for the production or containment of:
291	291	(i) cattle, bison, horses, sheep, swine,
292	292	goats, exotic livestock, or exotic poultry; or
293	293	(ii) game animals as that term is defined by
294	294	Section 63.001, Parks and Wildlife Code; or
295	295	(C) [(D)] less than $20,000 and the actor causes
296	296	wholly or partly impairment or interruption of public
297	297	communications, public transportation, public gas or power supply,
298	298	or other public service, or causes to be diverted wholly, partly, or
299	299	in any manner, including installation or removal of any device for
300	300	any such purpose, any public communications or public gas or power
301	301	supply;
302	302	(5) a felony of the third degree if the amount of the
303	303	pecuniary loss is $20,000 or more but less than $100,000;
304	304	(6) a felony of the second degree if the amount of
305	305	pecuniary loss is $100,000 or more but less than $200,000; or
306	306	(7) a felony of the first degree if the amount of
307	307	pecuniary loss is $200,000 or more.
308	308	SECTION 13. Sections 28.08(b) and (d), Penal Code, are
309	309	amended to read as follows:
310	310	(b) Except as provided by Subsection (d), an offense under
311	311	this section is:
312	312	(1) a Class C misdemeanor if the amount of pecuniary
313	313	loss is less than $100;
314	314	(2) a Class B misdemeanor if the amount of pecuniary
315	315	loss is $100 or more but less than $750 [$500];
316	316	(3) [(2)] a Class A misdemeanor if the amount of
317	317	pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
318	318	(4) [(3)] a state jail felony if the amount of
319	319	pecuniary loss is $2,500 [$1,500] or more but less than $30,000
320	320	[$20,000];
321	321	(5) [(4)] a felony of the third degree if the amount of
322	322	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
323	323	[$100,000];
324	324	(6) [(5)] a felony of the second degree if the amount
325	325	of pecuniary loss is $150,000 [$100,000] or more but less than
326	326	$300,000 [$200,000]; or
327	327	(7) [(6)] a felony of the first degree if the amount of
328	328	pecuniary loss is $300,000 [$200,000] or more.
329	329	(d) An offense under this section is a state jail felony if:
330	330	(1) the marking is made on a school, an institution of
331	331	higher education, a place of worship or human burial, a public
332	332	monument, or a community center that provides medical, social, or
333	333	educational programs; and
334	334	(2) the amount of the pecuniary loss to real property
335	335	or to tangible personal property is $750 or more but less than
336	336	$30,000 [$20,000].
337	337	SECTION 14. Section 30.02(c), Penal Code, is amended to
338	338	read as follows:
339	339	(c) Except as provided in Subsection (d), an offense under
340	340	this section is a:
341	341	(1) Class A misdemeanor [state jail felony] if
342	342	committed in a building other than a habitation; or
343	343	(2) felony of the second degree if committed in a
344	344	habitation.
345	345	SECTION 15. Section 31.03(e), Penal Code, is amended to
346	346	read as follows:
347	347	(e) Except as provided by Subsection (f), an offense under
348	348	this section is:
349	349	(1) a Class C misdemeanor if the value of the property
350	350	stolen is less than $500 [:
351	351	[(A) $50; or
352	352	[(B) $20 and the defendant obtained the property
353	353	by issuing or passing a check or similar sight order in a manner
354	354	described by Section 31.06];
355	355	(2) a Class B misdemeanor if:
356	356	(A) the value of the property stolen is $500 [:
357	357	[(i) $50] or more but less than $1,500
358	358	[$500]; [or
359	359	[(ii) $20 or more but less than $500 and the
360	360	defendant obtained the property by issuing or passing a check or
361	361	similar sight order in a manner described by Section 31.06;]
362	362	(B) the value of the property stolen is less than
363	363	$500 [:
364	364	[(i) $50] and the defendant has previously
365	365	been convicted of any grade of theft; or
366	366	[(ii) $20, the defendant has previously
367	367	been convicted of any grade of theft, and the defendant obtained the
368	368	property by issuing or passing a check or similar sight order in a
369	369	manner described by Section 31.06; or]
370	370	(C) the property stolen is a driver's license,
371	371	commercial driver's license, or personal identification
372	372	certificate issued by this state or another state;
373	373	(3) a Class A misdemeanor if the value of the property
374	374	stolen is $1,500 [$500] or more but less than $20,000 [$1,500];
375	375	(4) a state jail felony if:
376	376	(A) [the value of the property stolen is $1,500
377	377	or more but less than $20,000, or] the property is less than 10 head
378	378	of sheep, swine, or goats or any part thereof under the value of
379	379	$20,000;
380	380	(B) regardless of value, the property is stolen
381	381	from the person of another or from a human corpse or grave,
382	382	including property that is a military grave marker;
383	383	(C) the property stolen is a firearm, as defined
384	384	by Section 46.01;
385	385	(D) the value of the property stolen is less than
386	386	$20,000 [$1,500] and the defendant has been previously convicted
387	387	two or more times of any grade of theft;
388	388	(E) the property stolen is an official ballot or
389	389	official carrier envelope for an election; or
390	390	(F) the value of the property stolen is less than
391	391	$20,000 and the property stolen is:
392	392	(i) aluminum;
393	393	(ii) bronze;
394	394	(iii) copper; or
395	395	(iv) brass;
396	396	(5) a felony of the third degree if the value of the
397	397	property stolen is $20,000 or more but less than $100,000, or the
398	398	property is:
399	399	(A) cattle, horses, or exotic livestock or exotic
400	400	fowl as defined by Section 142.001, Agriculture Code, stolen during
401	401	a single transaction and having an aggregate value of less than
402	402	$100,000; or
403	403	(B) 10 or more head of sheep, swine, or goats
404	404	stolen during a single transaction and having an aggregate value of
405	405	less than $100,000;
406	406	(6) a felony of the second degree if:
407	407	(A) the value of the property stolen is $100,000
408	408	or more but less than $200,000; or
409	409	(B) the value of the property stolen is less than
410	410	$200,000 and the property stolen is an automated teller machine or
411	411	the contents or components of an automated teller machine; or
412	412	(7) a felony of the first degree if the value of the
413	413	property stolen is $200,000 or more.
414	414	SECTION 16. Sections 31.04(b) and (e), Penal Code, are
415	415	amended to read as follows:
416	416	(b) For purposes of this section, intent to avoid payment is
417	417	presumed if:
418	418	(1) the actor absconded without paying for the service
419	419	or expressly refused to pay for the service in circumstances where
420	420	payment is ordinarily made immediately upon rendering of the
421	421	service, as in hotels, campgrounds, recreational vehicle parks,
422	422	restaurants, and comparable establishments;
423	423	(2) the actor failed to make payment under a service
424	424	agreement within 10 days after receiving notice demanding payment;
425	425	(3) the actor returns property held under a rental
426	426	agreement after the expiration of the rental agreement and fails to
427	427	pay the applicable rental charge for the property within 10 days
428	428	after the date on which the actor received notice demanding
429	429	payment; or
430	430	(4) the actor failed to return the property held under
431	431	a rental agreement:
432	432	(A) within five days after receiving notice
433	433	demanding return, if the property is valued at less than $2,500
434	434	[$1,500]; or
435	435	(B) within three days after receiving notice
436	436	demanding return, if the property is valued at $2,500 [$1,500] or
437	437	more.
438	438	(e) An offense under this section is:
439	439	(1) a Class C misdemeanor if the value of the service
440	440	stolen is less than $100 [$20];
441	441	(2) a Class B misdemeanor if the value of the service
442	442	stolen is $100 [$20] or more but less than $750 [$500];
443	443	(3) a Class A misdemeanor if the value of the service
444	444	stolen is $750 [$500] or more but less than $2,500 [$1,500];
445	445	(4) a state jail felony if the value of the service
446	446	stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
447	447	(5) a felony of the third degree if the value of the
448	448	service stolen is $30,000 [$20,000] or more but less than $150,000
449	449	[$100,000];
450	450	(6) a felony of the second degree if the value of the
451	451	service stolen is $150,000 [$100,000] or more but less than
452	452	$300,000 [$200,000]; or
453	453	(7) a felony of the first degree if the value of the
454	454	service stolen is $300,000 [$200,000] or more.
455	455	SECTION 17. Section 32.21(c), Penal Code, is amended to
456	456	read as follows:
457	457	(c) Except as provided by Subsections [(d),] (e) [,] and
458	458	(e-1), an offense under this section is a Class A misdemeanor.
459	459	SECTION 18. Section 32.31(d), Penal Code, is amended to
460	460	read as follows:
461	461	(d) An offense under this section is a Class A misdemeanor
462	462	[state jail felony], except that the offense is a felony of the
463	463	third degree if it is shown on the trial of the offense that the
464	464	offense was committed against an elderly individual as defined by
465	465	Section 22.04.
466	466	SECTION 19. Section 32.51(c), Penal Code, is amended to
467	467	read as follows:
468	468	(c) An offense under this section is:
469	469	(1) a Class A misdemeanor [state jail felony] if the
470	470	number of items obtained, possessed, transferred, or used is less
471	471	than five;
472	472	(2) a state jail felony [of the third degree] if the
473	473	number of items obtained, possessed, transferred, or used is five
474	474	or more but less than 10;
475	475	(3) a felony of the third [second] degree if the number
476	476	of items obtained, possessed, transferred, or used is 10 or more but
477	477	less than 50; or
478	478	(4) a felony of the second [first] degree if the number
479	479	of items obtained, possessed, transferred, or used is 50 or more.
480	480	SECTION 20. Section 43.02, Penal Code, is amended by
481	481	amending Subsections (a), (b), (c), and (d) and adding Subsections
482	482	(b-1) and (c-1) to read as follows:
483	483	(a) A person commits an offense if, in return for receipt of
484	484	a fee, the person knowingly:
485	485	(1) offers to engage, agrees to engage, or engages in
486	486	sexual conduct [for a fee]; or
487	487	(2) solicits another in a public place to engage with
488	488	the actor [person] in sexual conduct for hire.
489	489	(b) A person commits an offense if, based on the payment of a
490	490	fee by the actor or another person on behalf of the actor, the
491	491	person knowingly:
492	492	(1) offers to engage, agrees to engage, or engages in
493	493	sexual conduct; or
494	494	(2) solicits another in a public place to engage with
495	495	the actor in sexual conduct for hire.
496	496	(b-1) An offense is established under Subsection (a)
497	497	regardless of [(a)(1)] whether the actor is offered or actually
498	498	receives the [is to receive or pay a] fee. An offense is
499	499	established under Subsection (b) regardless of [(a)(2)] whether the
500	500	actor or another person on behalf of the actor offers or actually
501	501	pays the fee [solicits a person to hire the actor or offers to hire
502	502	the person solicited].
503	503	(c) An offense under Subsection (a) [this section] is a
504	504	Class B misdemeanor, except that the offense is a Class A
505	505	misdemeanor if the actor has previously been convicted one or more
506	506	times of an offense under that subsection.
507	507	(c-1) An offense under Subsection (b) is a Class B
508	508	misdemeanor, except that the offense is:
509	509	(1) a Class A misdemeanor if the actor has previously
510	510	been convicted one or two times of an offense under that subsection
511	511	[this section];
512	512	(2) a state jail felony if the actor has previously
513	513	been convicted three or more times of an offense under that
514	514	subsection [this section]; or
515	515	(3) a felony of the second degree if the person
516	516	solicited is younger than 18 years of age, regardless of whether the
517	517	actor knows the age of the person solicited at the time the actor
518	518	commits the offense.
519	519	(d) It is a defense to prosecution for an offense under
520	520	Subsection (a) [under this section] that the actor engaged in the
521	521	conduct that constitutes the offense because the actor was the
522	522	victim of conduct that constitutes an offense under Section 20A.02
523	523	or 43.05.
524	524	SECTION 21. Section 32.21(d), Penal Code, is repealed.
525	525	SECTION 22. (a) Not later than December 1 of each year, the
526	526	Texas Department of Criminal Justice shall report to the
527	527	legislature on the financial impact to the state during the
528	528	preceding state fiscal year of reducing penalties under this Act.
529	529	(b) The report must include an analysis of incarceration
530	530	costs incurred by the state and local governments, including the
531	531	cost of constructing prisons and jails.
532	532	(c) The comptroller shall verify the findings of the Texas
533	533	Department of Criminal Justice in analyzing the cost savings
534	534	realized by the state under this Act. The Texas Department of
535	535	Criminal Justice may retain the amount of the actual savings
536	536	attributable to implementation of this Act, to the extent that the
537	537	savings come from funds appropriated to the department and to the
538	538	extent the department distributed that amount to programs or
539	539	facilities for the supervision and rehabilitation of offenders. The
540	540	Texas Department of Criminal Justice may transfer savings
541	541	attributable to implementation of this Act from the first year of
542	542	the fiscal biennium to the second year of the fiscal biennium,
543	543	provided that the department uses the full amount transferred for
544	544	distribution to programs or facilities for the supervision and
545	545	rehabilitation of offenders.
546	546	SECTION 23. The changes in law made by this Act apply only
547	547	to an offense committed on or after the effective date of this Act.
548	548	An offense committed before the effective date of this Act is
549	549	governed by the law in effect on the date the offense was committed,
550	550	and the former law is continued in effect for that purpose. For
551	551	purposes of this section, an offense was committed before the
552	552	effective date of this Act if any element of the offense occurred
553	553	before that date.
554	554	SECTION 24. This Act takes effect September 1, 2015.