Texas 2015 - 84th Regular

Texas Senate Bill SB877 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12854 MCK-D
2	2	By: Birdwell S.B. No. 877
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Texas Department of Public
8	8	Safety and the investigation, prosecution, punishment, and
9	9	prevention of certain offenses; creating an offense and increasing
10	10	a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 2.12, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
15	15	officers:
16	16	(1) sheriffs, their deputies, and those reserve
17	17	deputies who hold a permanent peace officer license issued under
18	18	Chapter 1701, Occupations Code;
19	19	(2) constables, deputy constables, and those reserve
20	20	deputy constables who hold a permanent peace officer license issued
21	21	under Chapter 1701, Occupations Code;
22	22	(3) marshals or police officers of an incorporated
23	23	city, town, or village, and those reserve municipal police officers
24	24	who hold a permanent peace officer license issued under Chapter
25	25	1701, Occupations Code;
26	26	(4) rangers, [and] officers, and members of the
27	27	reserve officer corps commissioned by the Public Safety Commission
28	28	and the Director of the Department of Public Safety;
29	29	(5) investigators of the district attorneys', criminal
30	30	district attorneys', and county attorneys' offices;
31	31	(6) law enforcement agents of the Texas Alcoholic
32	32	Beverage Commission;
33	33	(7) each member of an arson investigating unit
34	34	commissioned by a city, a county, or the state;
35	35	(8) officers commissioned under Section 37.081,
36	36	Education Code, or Subchapter E, Chapter 51, Education Code;
37	37	(9) officers commissioned by the General Services
38	38	Commission;
39	39	(10) law enforcement officers commissioned by the
40	40	Parks and Wildlife Commission;
41	41	(11) airport police officers commissioned by a city
42	42	with a population of more than 1.18 million located primarily in a
43	43	county with a population of 2 million or more that operates an
44	44	airport that serves commercial air carriers;
45	45	(12) airport security personnel commissioned as peace
46	46	officers by the governing body of any political subdivision of this
47	47	state, other than a city described by Subdivision (11), that
48	48	operates an airport that serves commercial air carriers;
49	49	(13) municipal park and recreational patrolmen and
50	50	security officers;
51	51	(14) security officers and investigators commissioned
52	52	as peace officers by the comptroller;
53	53	(15) officers commissioned by a water control and
54	54	improvement district under Section 49.216, Water Code;
55	55	(16) officers commissioned by a board of trustees
56	56	under Chapter 54, Transportation Code;
57	57	(17) investigators commissioned by the Texas Medical
58	58	Board;
59	59	(18) officers commissioned by:
60	60	(A) the board of managers of the Dallas County
61	61	Hospital District, the Tarrant County Hospital District, the Bexar
62	62	County Hospital District, or the El Paso County Hospital District
63	63	under Section 281.057, Health and Safety Code;
64	64	(B) the board of directors of the Ector County
65	65	Hospital District under Section 1024.117, Special District Local
66	66	Laws Code; and
67	67	(C) the board of directors of the Midland County
68	68	Hospital District of Midland County, Texas, under Section 1061.121,
69	69	Special District Local Laws Code;
70	70	(19) county park rangers commissioned under
71	71	Subchapter E, Chapter 351, Local Government Code;
72	72	(20) investigators employed by the Texas Racing
73	73	Commission;
74	74	(21) officers commissioned under Chapter 554,
75	75	Occupations Code;
76	76	(22) officers commissioned by the governing body of a
77	77	metropolitan rapid transit authority under Section 451.108,
78	78	Transportation Code, or by a regional transportation authority
79	79	under Section 452.110, Transportation Code;
80	80	(23) investigators commissioned by the attorney
81	81	general under Section 402.009, Government Code;
82	82	(24) security officers and investigators commissioned
83	83	as peace officers under Chapter 466, Government Code;
84	84	(25) an officer employed by the Department of State
85	85	Health Services under Section 431.2471, Health and Safety Code;
86	86	(26) officers appointed by an appellate court under
87	87	Subchapter F, Chapter 53, Government Code;
88	88	(27) officers commissioned by the state fire marshal
89	89	under Chapter 417, Government Code;
90	90	(28) an investigator commissioned by the commissioner
91	91	of insurance under Section 701.104, Insurance Code;
92	92	(29) apprehension specialists and inspectors general
93	93	commissioned by the Texas Juvenile Justice Department as officers
94	94	under Sections 242.102 and 243.052, Human Resources Code;
95	95	(30) officers appointed by the inspector general of
96	96	the Texas Department of Criminal Justice under Section 493.019,
97	97	Government Code;
98	98	(31) investigators commissioned by the Texas
99	99	Commission on Law Enforcement under Section 1701.160, Occupations
100	100	Code;
101	101	(32) commission investigators commissioned by the
102	102	Texas Private Security Board under Section 1702.061 [1702.061(f)],
103	103	Occupations Code;
104	104	(33) the fire marshal and any officers, inspectors, or
105	105	investigators commissioned by an emergency services district under
106	106	Chapter 775, Health and Safety Code;
107	107	(34) officers commissioned by the State Board of
108	108	Dental Examiners under Section 254.013, Occupations Code, subject
109	109	to the limitations imposed by that section;
110	110	(35) investigators commissioned by the Texas Juvenile
111	111	Justice Department as officers under Section 221.011, Human
112	112	Resources Code; and
113	113	(36) the fire marshal and any related officers,
114	114	inspectors, or investigators commissioned by a county under
115	115	Subchapter B, Chapter 352, Local Government Code.
116	116	SECTION 2. Section 4, Article 18.20, Code of Criminal
117	117	Procedure, is amended to read as follows:
118	118	Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE
119	119	AUTHORIZED. A judge of competent jurisdiction may issue an order
120	120	authorizing interception of wire, oral, or electronic
121	121	communications only if the prosecutor applying for the order shows
122	122	probable cause to believe that the interception will provide
123	123	evidence of the commission of:
124	124	(1) a felony under Section 19.02, 19.03, or 43.26,
125	125	Penal Code;
126	126	(2) a felony under:
127	127	(A) Chapter 481, Health and Safety Code, other
128	128	than felony possession of marihuana;
129	129	(B) Section 485.032, Health and Safety Code; or
130	130	(C) Chapter 483, Health and Safety Code;
131	131	(3) an offense under Section 20.03 or 20.04, Penal
132	132	Code;
133	133	(4) an offense under Chapter 20A, Penal Code;
134	134	(5) an offense under Chapter 34, Penal Code, if the
135	135	criminal activity giving rise to the proceeds involves the
136	136	commission of an offense under Title 5, Penal Code, or an offense
137	137	under federal law or the laws of another state containing elements
138	138	that are substantially similar to the elements of an offense under
139	139	Title 5;
140	140	(6) an offense under Section 38.11, Penal Code; [or]
141	141	(7) an offense under Section 43.04 or 43.05, Penal
142	142	Code; or
143	143	(8) an attempt, conspiracy, or solicitation to commit
144	144	an offense listed in this section.
145	145	SECTION 3. Article 59.01(2), Code of Criminal Procedure, as
146	146	amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
147	147	83rd Legislature, Regular Session, 2013, is reenacted and amended
148	148	to read as follows:
149	149	(2) "Contraband" means property of any nature,
150	150	including real, personal, tangible, or intangible, that is:
151	151	(A) used in the commission of:
152	152	(i) any first or second degree felony under
153	153	the Penal Code;
154	154	(ii) any felony under Section 15.031(b),
155	155	20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
156	156	33A, or 35, Penal Code;
157	157	(iii) any felony under The Securities Act
158	158	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
159	159	(iv) any offense under Chapter 49, Penal
160	160	Code, that is punishable as a felony of the third degree or state
161	161	jail felony, if the defendant has been previously convicted three
162	162	times of an offense under that chapter;
163	163	(B) used or intended to be used in the commission
164	164	of:
165	165	(i) any felony under Chapter 481, Health
166	166	and Safety Code (Texas Controlled Substances Act);
167	167	(ii) any felony under Chapter 483, Health
168	168	and Safety Code;
169	169	(iii) a felony under Chapter 151, Finance
170	170	Code;
171	171	(iv) any felony under Chapter 34, Penal
172	172	Code;
173	173	(v) a Class A misdemeanor under Subchapter
174	174	B, Chapter 365, Health and Safety Code, if the defendant has been
175	175	previously convicted twice of an offense under that subchapter;
176	176	(vi) any felony under Chapter 32, Human
177	177	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
178	178	involves the state Medicaid program;
179	179	(vii) a Class B misdemeanor under Chapter
180	180	522, Business & Commerce Code;
181	181	(viii) a Class A misdemeanor under Section
182	182	306.051, Business & Commerce Code;
183	183	(ix) any offense under Section 42.10, Penal
184	184	Code;
185	185	(x) any offense under Section 46.06(a)(1)
186	186	or 46.14, Penal Code;
187	187	(xi) any offense under Chapter 71, Penal
188	188	Code;
189	189	(xii) any offense under Section 20.05 or
190	190	20.06, Penal Code; or
191	191	(xiii) [(xiv)] an offense under Section
192	192	326.002, Business & Commerce Code;
193	193	(C) the proceeds gained from the commission of a
194	194	felony listed in Paragraph (A) or (B) of this subdivision, a
195	195	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
196	196	this subdivision, or a crime of violence;
197	197	(D) acquired with proceeds gained from the
198	198	commission of a felony listed in Paragraph (A) or (B) of this
199	199	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
200	200	or (xi) of this subdivision, or a crime of violence;
201	201	(E) used to facilitate or intended to be used to
202	202	facilitate the commission of a felony under Section 15.031 or
203	203	43.25, Penal Code; or
204	204	(F) used to facilitate or intended to be used to
205	205	facilitate the commission of a felony under Section 20A.02 or
206	206	Chapter 43, Penal Code.
207	207	SECTION 4. Section 411.0043, Government Code, is amended to
208	208	read as follows:
209	209	Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The
210	210	commission shall implement a policy requiring the department to use
211	211	appropriate technological solutions to improve the department's
212	212	ability to perform its functions. The policy must ensure that the
213	213	public is able to interact with the department on the Internet.
214	214	(b) The department shall periodically:
215	215	(1) review the department's existing information
216	216	technology system to determine whether:
217	217	(A) the system's security should be upgraded; and
218	218	(B) the system provides the department with the
219	219	best ability to monitor and investigate criminal activity on the
220	220	Internet; and
221	221	(2) make any necessary improvements to the
222	222	department's information technology system.
223	223	SECTION 5. Section 411.007(g), Government Code, is amended
224	224	to read as follows:
225	225	(g) Except as provided by Section 411.0164, a [A]
226	226	noncommissioned employee inducted into the service of the
227	227	department is on probation for the first one year of service, and an
228	228	officer is on probation from the date the officer is inducted into
229	229	the service of the department until the anniversary of the date the
230	230	officer is commissioned. At any time during the probationary
231	231	period, an officer or employee may be discharged if the director,
232	232	with the advice and consent of the commission, finds the officer or
233	233	employee to be unsuitable for the work.
234	234	SECTION 6. Subchapter A, Chapter 411, Government Code, is
235	235	amended by adding Sections 411.0163 and 411.0164 to read as
236	236	follows:
237	237	Sec. 411.0163. 50-HOUR WORK WEEK. Notwithstanding any
238	238	other law, for a commissioned officer of the department assigned to
239	239	a department region that includes counties along the Texas-Mexico
240	240	border, 10 hours of work in a calendar day constitutes a day's work
241	241	and 50 hours of work in a week constitutes a week's work.
242	242	Sec. 411.0164. HIRING OFFICERS WITH PREVIOUS LAW
243	243	ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of
244	244	law, the department may start a commissioned officer in the
245	245	position of Trooper II if the officer has at least four years of
246	246	experience as a peace officer in the state.
247	247	SECTION 7. Subchapter A, Chapter 411, Government Code, is
248	248	amended by adding Sections 411.0208 and 411.0209 to read as
249	249	follows:
250	250	Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission
251	251	may provide for the establishment of a reserve officer corps
252	252	consisting of retired or previously commissioned officers of the
253	253	department.
254	254	(b) The commission shall establish qualifications and
255	255	standards of training for members of the reserve officer corps.
256	256	(c) The commission may limit the size of the reserve officer
257	257	corps.
258	258	(d) The director shall appoint the members of the reserve
259	259	officer corps. Members serve at the director's discretion.
260	260	(e) The director may call the reserve officer corps into
261	261	service at any time the director considers it necessary to have
262	262	additional officers to assist the department in conducting
263	263	background investigations, sex offender compliance checks, and
264	264	other duties as determined necessary by the director.
265	265	Sec. 411.0209. INTERNATIONAL BORDER CHECKPOINTS. (a) To
266	266	prevent human trafficking and the unlawful transfer of firearms and
267	267	bulk currency from this state to the United Mexican States, the
268	268	department shall investigate the feasibility of assisting federal
269	269	authorities in establishing checkpoints along the international
270	270	border of this state for the purpose of conducting inspections of
271	271	vehicles leaving this state and entering the United Mexican States.
272	272	If the department determines that assistance to be feasible, the
273	273	department shall cooperate with appropriate federal agencies to set
274	274	up the checkpoints.
275	275	(b) A checkpoint described by Subsection (a) must be:
276	276	(1) located at or within 250 yards of a federally
277	277	designated crossing facility located at or near the actual boundary
278	278	between this state and the United Mexican States;
279	279	(2) located on a public highway or street leading
280	280	directly to an international border crossing; and
281	281	(3) designed to stop only traffic leaving this state
282	282	and entering the United Mexican States.
283	283	(c) A peace officer employed by the department may not
284	284	conduct an inspection of a vehicle under this section unless the
285	285	officer has reasonable suspicion or probable cause to believe that
286	286	a passenger in the vehicle has violated Chapter 20A or Section 34.02
287	287	or 46.14, Penal Code, or 18 U.S.C. Section 554, 922, 1589, 1590,
288	288	1591, 1592, or 1956 or 31 U.S.C. Section 5332.
289	289	(d) The department and local law enforcement authorities
290	290	may share with the federal government the cost of staffing any
291	291	checkpoints established as described by this section.
292	292	(e) The department shall establish procedures governing the
293	293	encounter between the driver and the peace officers operating the
294	294	checkpoint that ensure that any intrusion on the driver is
295	295	minimized and that the inquiries made are reasonably related to the
296	296	purpose of the checkpoint.
297	297	(f) If necessary to implement this section, the attorney
298	298	general, subject to approval by the governor, shall enter into an
299	299	agreement under 8 U.S.C. Section 1357(g) with the United States
300	300	Office of the Attorney General or other appropriate federal agency.
301	301	(g) An agreement entered into under Subsection (f) must be
302	302	signed on behalf of this state by the attorney general of this state
303	303	and the governor of this state and as otherwise required by the
304	304	appropriate federal agency.
305	305	(h) A law enforcement agency may enter into an agreement
306	306	with a corporation or other private entity to provide goods or
307	307	services for the establishment and operation of a checkpoint or the
308	308	performance of inspections under this section.
309	309	(i) The director shall adopt rules as necessary to
310	310	administer this section.
311	311	SECTION 8. Subchapter D, Chapter 411, Government Code, is
312	312	amended by adding Section 411.054 to read as follows:
313	313	Sec. 411.054. CRIME STATISTICS REPORTING. (a) Each local
314	314	law enforcement agency shall:
315	315	(1) implement an incident-based reporting system that
316	316	meets the reporting requirements of the National Incident-Based
317	317	Reporting System of the Uniform Crime Reporting Program of the
318	318	Federal Bureau of Investigation; and
319	319	(2) use the system described by Subdivision (1) to
320	320	submit to the department information and statistics concerning
321	321	criminal offenses committed in the jurisdiction of the local law
322	322	enforcement agency.
323	323	(b) The department shall adopt rules to implement this
324	324	section, including rules prescribing:
325	325	(1) the form and manner of the submission of
326	326	information and statistics; and
327	327	(2) the frequency of reporting.
328	328	(c) Notwithstanding any other law, a local law enforcement
329	329	agency that is not in compliance with this section and that receives
330	330	grant funds from the department or the criminal justice division of
331	331	the governor's office may only use those funds to come into
332	332	compliance with this section.
333	333	SECTION 9. Chapter 362, Local Government Code, is amended
334	334	by adding Section 362.005 to read as follows:
335	335	Sec. 362.005. SOUTH TEXAS BORDER CRIME INFORMATION CENTER.
336	336	(a) The sheriff's department of the county having the largest
337	337	population that borders the Texas-Mexico border and the police
338	338	department of the municipality having the largest population in
339	339	that county shall jointly establish and operate the South Texas
340	340	Border Crime Information Center as a central repository of
341	341	information relating to criminal activity in the counties along the
342	342	Texas-Mexico border. The Texas Department of Public Safety shall
343	343	assist the county sheriff's department and the municipal police
344	344	department in the establishment and operation of the center.
345	345	(b) Each law enforcement agency in a county located along
346	346	the Texas-Mexico border shall report to the South Texas Border
347	347	Crime Information Center information regarding criminal activity
348	348	in the law enforcement agency's jurisdiction, including
349	349	information on kidnappings, home invasions, and incidents of
350	350	impersonation of law enforcement officers.
351	351	(c) The information in the South Texas Border Crime
352	352	Information Center shall be made available to each law enforcement
353	353	agency in the state.
354	354	SECTION 10. Section 20.05, Penal Code, is amended to read as
355	355	follows:
356	356	Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an
357	357	offense if the person recklessly [intentionally uses a motor
358	358	vehicle, aircraft, or watercraft to transport an individual with
359	359	the intent to]:
360	360	(1) conceals, harbors, or shields from detection a
361	361	person who is present in this country in violation of federal law
362	362	[conceal the individual from a peace officer or special
363	363	investigator]; or
364	364	(2) encourages or induces a person to enter or remain
365	365	in this country in violation of federal law [flee from a person the
366	366	actor knows is a peace officer or special investigator attempting
367	367	to lawfully arrest or detain the actor].
368	368	(b) An [Except as provided by Subsection (c), an] offense
369	369	under this section is a state jail felony, except that the[.
370	370	[(c) An] offense [under this section] is:
371	371	(1) a felony of the third degree if the actor commits
372	372	the offense [:
373	373	[(1)] for pecuniary benefit; [or]
374	374	(2) a felony of the second degree if:
375	375	(A) the actor commits the offense in a manner
376	376	that creates a substantial likelihood that the smuggled
377	377	[transported] individual will suffer serious bodily injury or
378	378	death; or
379	379	(B) the smuggled individual is a child younger
380	380	than 18 years of age at the time of the offense; or
381	381	(3) a felony of the first degree if:
382	382	(A) it is shown on the trial of the offense that,
383	383	as a direct result of the commission of the offense, the smuggled
384	384	individual became a victim of sexual assault, as defined by Section
385	385	22.011, or aggravated sexual assault, as defined by Section 22.021;
386	386	or
387	387	(B) the smuggled individual suffered serious
388	388	bodily injury or death.
389	389	(c) [(d) It is an affirmative defense to prosecution under
390	390	this section that the actor is related to the transported
391	391	individual within the second degree of consanguinity or, at the
392	392	time of the offense, within the second degree of affinity.
393	393	[(e)] If conduct constituting an offense under this section
394	394	also constitutes an offense under another section of this code, the
395	395	actor may be prosecuted under either section or under both
396	396	sections.
397	397	SECTION 11. Chapter 20, Penal Code, is amended by adding
398	398	Section 20.06 to read as follows:
399	399	Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person
400	400	commits an offense if, during a period that is 30 or more days in
401	401	duration, the person engages two or more times in conduct that
402	402	constitutes an offense under Section 20.05.
403	403	(b) If a jury is the trier of fact, members of the jury are
404	404	not required to agree unanimously on which specific conduct engaged
405	405	in by the defendant constituted an offense under Section 20.05 or on
406	406	which exact date the defendant engaged in that conduct. The jury
407	407	must agree unanimously that the defendant, during a period that is
408	408	30 or more days in duration, engaged two or more times in conduct
409	409	that constitutes an offense under Section 20.05.
410	410	(c) If the victim of an offense under Subsection (a) is the
411	411	same victim as a victim of an offense under Section 20.05, a
412	412	defendant may not be convicted of the offense under Section 20.05 in
413	413	the same criminal action as the offense under Subsection (a),
414	414	unless the offense under Section 20.05:
415	415	(1) is charged in the alternative;
416	416	(2) occurred outside the period in which the offense
417	417	alleged under Subsection (a) was committed; or
418	418	(3) is considered by the trier of fact to be a lesser
419	419	included offense of the offense alleged under Subsection (a).
420	420	(d) A defendant may not be charged with more than one count
421	421	under Subsection (a) if all of the conduct that constitutes an
422	422	offense under Section 20.05 is alleged to have been committed
423	423	against the same victim.
424	424	(e) Except as provided by Subsections (f) and (g), an
425	425	offense under this section is a felony of the third degree.
426	426	(f) An offense under this section is a felony of the first
427	427	degree if:
428	428	(1) the conduct constituting an offense under Section
429	429	20.05 is conducted in a manner that creates a substantial
430	430	likelihood that the smuggled individual will suffer serious bodily
431	431	injury or death; or
432	432	(2) the smuggled individual is a child younger than 18
433	433	years of age at the time of the offense.
434	434	(g) An offense under this section is a felony of the first
435	435	degree, punishable by imprisonment in the Texas Department of
436	436	Criminal Justice for life or for any term of not more than 99 years
437	437	or less than 25 years, if:
438	438	(1) it is shown on the trial of the offense that, as a
439	439	direct result of the commission of the offense, the smuggled
440	440	individual became a victim of sexual assault, as defined by Section
441	441	22.011, or aggravated sexual assault, as defined by Section 22.021;
442	442	or
443	443	(2) the smuggled individual suffered serious bodily
444	444	injury or death.
445	445	SECTION 12. Section 71.02(a), Penal Code, is amended to
446	446	read as follows:
447	447	(a) A person commits an offense if, with the intent to
448	448	establish, maintain, or participate in a combination or in the
449	449	profits of a combination or as a member of a criminal street gang,
450	450	the person commits or conspires to commit one or more of the
451	451	following:
452	452	(1) murder, capital murder, arson, aggravated
453	453	robbery, robbery, burglary, theft, aggravated kidnapping,
454	454	kidnapping, aggravated assault, aggravated sexual assault, sexual
455	455	assault, continuous sexual abuse of young child or children,
456	456	solicitation of a minor, forgery, deadly conduct, assault
457	457	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
458	458	unauthorized use of a motor vehicle;
459	459	(2) any gambling offense punishable as a Class A
460	460	misdemeanor;
461	461	(3) promotion of prostitution, aggravated promotion
462	462	of prostitution, or compelling prostitution;
463	463	(4) unlawful manufacture, transportation, repair, or
464	464	sale of firearms or prohibited weapons;
465	465	(5) unlawful manufacture, delivery, dispensation, or
466	466	distribution of a controlled substance or dangerous drug, or
467	467	unlawful possession of a controlled substance or dangerous drug
468	468	through forgery, fraud, misrepresentation, or deception;
469	469	(5-a) causing the unlawful delivery, dispensation, or
470	470	distribution of a controlled substance or dangerous drug in
471	471	violation of Subtitle B, Title 3, Occupations Code;
472	472	(6) any unlawful wholesale promotion or possession of
473	473	any obscene material or obscene device with the intent to wholesale
474	474	promote the same;
475	475	(7) any offense under Subchapter B, Chapter 43,
476	476	depicting or involving conduct by or directed toward a child
477	477	younger than 18 years of age;
478	478	(8) any felony offense under Chapter 32;
479	479	(9) any offense under Chapter 36;
480	480	(10) any offense under Chapter 34, 35, or 35A;
481	481	(11) any offense under Section 37.11(a);
482	482	(12) any offense under Chapter 20A;
483	483	(13) any offense under Section 37.10;
484	484	(14) any offense under Section 38.06, 38.07, 38.09, or
485	485	38.11;
486	486	(15) any offense under Section 42.10;
487	487	(16) any offense under Section 46.06(a)(1) or 46.14;
488	488	(17) any offense under Section 20.05 or 20.06; or
489	489	(18) any offense classified as a felony under the Tax
490	490	Code.
491	491	SECTION 13. The change in law made by this Act to Section 4,
492	492	Article 18.20, Code of Criminal Procedure, applies only to an
493	493	application for an interception order filed on or after the
494	494	effective date of this Act. An application for an interception
495	495	order filed before the effective date of this Act is governed by the
496	496	law in effect on the date the application was filed, and the former
497	497	law is continued in effect for that purpose.
498	498	SECTION 14. (a) The Department of Public Safety shall adopt
499	499	rules required under Section 411.054(b), Government Code, as added
500	500	by this Act, not later than December 31, 2015.
501	501	(b) A local law enforcement agency is not required to comply
502	502	with Section 411.054, Government Code, as added by this Act, before
503	503	September 1, 2019.
504	504	(c) The Department of Public Safety or the criminal justice
505	505	division of the governor's office may not deny a grant to a local
506	506	law enforcement agency on the grounds that the local law
507	507	enforcement agency is not in compliance with Section 411.054,
508	508	Government Code, as added by this Act, before September 1, 2019.
509	509	SECTION 15. The changes in law made by this Act to Sections
510	510	20.05 and 71.02, Penal Code, apply only to an offense committed on
511	511	or after the effective date of this Act. An offense committed before
512	512	the effective date of this Act is governed by the law in effect on
513	513	the date the offense was committed, and the former law is continued
514	514	in effect for that purpose. For purposes of this section, an offense
515	515	was committed before the effective date of this Act if any element
516	516	of the offense occurred before that date.
517	517	SECTION 16. To the extent of any conflict, this Act prevails
518	518	over another Act of the 84th Legislature, Regular Session, 2015,
519	519	relating to nonsubstantive additions to and corrections in enacted
520	520	codes.
521	521	SECTION 17. This Act takes effect September 1, 2015.