85R11777 LHC-F
By: Thompson of Harris H.B. No. 2552
A BILL TO BE ENTITLED
AN ACT
relating to prostitution and trafficking of persons and to certain
criminal and civil consequences of that conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.46(b), Business & Commerce Code, as
amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of
the 84th Legislature, Regular Session, 2015, is reenacted and
amended to read as follows:
(b) Except as provided in Subsection (d) of this section,
the term "false, misleading, or deceptive acts or practices"
includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or
services;
(3) causing confusion or misunderstanding as to
affiliation, connection, or association with, or certification by,
another;
(4) using deceptive representations or designations
of geographic origin in connection with goods or services;
(5) representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have or that a person has
a sponsorship, approval, status, affiliation, or connection which
the person does not;
(6) representing that goods are original or new if
they are deteriorated, reconditioned, reclaimed, used, or
secondhand;
(7) representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or model, if they are of another;
(8) disparaging the goods, services, or business of
another by false or misleading representation of facts;
(9) advertising goods or services with intent not to
sell them as advertised;
(10) advertising goods or services with intent not to
supply a reasonable expectable public demand, unless the
advertisements disclosed a limitation of quantity;
(11) making false or misleading statements of fact
concerning the reasons for, existence of, or amount of price
reductions;
(12) representing that an agreement confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prohibited by law;
(13) knowingly making false or misleading statements
of fact concerning the need for parts, replacement, or repair
service;
(14) misrepresenting the authority of a salesman,
representative or agent to negotiate the final terms of a consumer
transaction;
(15) basing a charge for the repair of any item in
whole or in part on a guaranty or warranty instead of on the value of
the actual repairs made or work to be performed on the item without
stating separately the charges for the work and the charge for the
warranty or guaranty, if any;
(16) disconnecting, turning back, or resetting the
odometer of any motor vehicle so as to reduce the number of miles
indicated on the odometer gauge;
(17) advertising of any sale by fraudulently
representing that a person is going out of business;
(18) advertising, selling, or distributing a card
which purports to be a prescription drug identification card issued
under Section 4151.152, Insurance Code, in accordance with rules
adopted by the commissioner of insurance, which offers a discount
on the purchase of health care goods or services from a third party
provider, and which is not evidence of insurance coverage, unless:
(A) the discount is authorized under an agreement
between the seller of the card and the provider of those goods and
services or the discount or card is offered to members of the
seller;
(B) the seller does not represent that the card
provides insurance coverage of any kind; and
(C) the discount is not false, misleading, or
deceptive;
(19) using or employing a chain referral sales plan in
connection with the sale or offer to sell of goods, merchandise, or
anything of value, which uses the sales technique, plan,
arrangement, or agreement in which the buyer or prospective buyer
is offered the opportunity to purchase merchandise or goods and in
connection with the purchase receives the seller's promise or
representation that the buyer shall have the right to receive
compensation or consideration in any form for furnishing to the
seller the names of other prospective buyers if receipt of the
compensation or consideration is contingent upon the occurrence of
an event subsequent to the time the buyer purchases the merchandise
or goods;
(20) representing that a guaranty or warranty confers
or involves rights or remedies which it does not have or involve,
provided, however, that nothing in this subchapter shall be
construed to expand the implied warranty of merchantability as
defined in Sections 2.314 through 2.318 and Sections 2A.212 through
2A.216 to involve obligations in excess of those which are
appropriate to the goods;
(21) promoting a pyramid promotional scheme, as
defined by Section 17.461;
(22) representing that work or services have been
performed on, or parts replaced in, goods when the work or services
were not performed or the parts replaced;
(23) filing suit founded upon a written contractual
obligation of and signed by the defendant to pay money arising out
of or based on a consumer transaction for goods, services, loans, or
extensions of credit intended primarily for personal, family,
household, or agricultural use in any county other than in the
county in which the defendant resides at the time of the
commencement of the action or in the county in which the defendant
in fact signed the contract; provided, however, that a violation of
this subsection shall not occur where it is shown by the person
filing such suit that the person neither knew or had reason to know
that the county in which such suit was filed was neither the county
in which the defendant resides at the commencement of the suit nor
the county in which the defendant in fact signed the contract;
(24) failing to disclose information concerning goods
or services which was known at the time of the transaction if such
failure to disclose such information was intended to induce the
consumer into a transaction into which the consumer would not have
entered had the information been disclosed;
(25) using the term "corporation," "incorporated," or
an abbreviation of either of those terms in the name of a business
entity that is not incorporated under the laws of this state or
another jurisdiction;
(26) selling, offering to sell, or illegally promoting
an annuity contract under Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
Statutes), with the intent that the annuity contract will be the
subject of a salary reduction agreement, as defined by that Act, if
the annuity contract is not an eligible qualified investment under
that Act or is not registered with the Teacher Retirement System of
Texas as required by Section 8A of that Act;
(27) taking advantage of a disaster declared by the
governor under Chapter 418, Government Code, by:
(A) selling or leasing fuel, food, medicine, or
another necessity at an exorbitant or excessive price; or
(B) demanding an exorbitant or excessive price in
connection with the sale or lease of fuel, food, medicine, or
another necessity;
(28) using the translation into a foreign language of
a title or other word, including "attorney," "lawyer," "licensed,"
"notary," and "notary public," in any written or electronic
material, including an advertisement, a business card, a
letterhead, stationery, a website, or an online video, in reference
to a person who is not an attorney in order to imply that the person
is authorized to practice law in the United States;
(29) [(28)] delivering or distributing a solicitation
in connection with a good or service that:
(A) represents that the solicitation is sent on
behalf of a governmental entity when it is not; or
(B) resembles a governmental notice or form that
represents or implies that a criminal penalty may be imposed if the
recipient does not remit payment for the good or service;
(30) [(29)] delivering or distributing a solicitation
in connection with a good or service that resembles a check or other
negotiable instrument or invoice, unless the portion of the
solicitation that resembles a check or other negotiable instrument
or invoice includes the following notice, clearly and conspicuously
printed in at least 18-point type:
"SPECIMEN-NON-NEGOTIABLE";
(31) [(30)] in the production, sale, distribution, or
promotion of a synthetic substance that produces and is intended to
produce an effect when consumed or ingested similar to, or in excess
of, the effect of a controlled substance or controlled substance
analogue, as those terms are defined by Section 481.002, Health and
Safety Code:
(A) making a deceptive representation or
designation about the synthetic substance; or
(B) causing confusion or misunderstanding as to
the effects the synthetic substance causes when consumed or
ingested; [or]
(32) [(31)] a licensed public insurance adjuster
directly or indirectly soliciting employment, as defined by Section
38.01, Penal Code, for an attorney, or a licensed public insurance
adjuster entering into a contract with an insured for the primary
purpose of referring the insured to an attorney without the intent
to actually perform the services customarily provided by a licensed
public insurance adjuster, provided that this subdivision may not
be construed to prohibit a licensed public insurance adjuster from
recommending a particular attorney to an insured; or
(33) owning, operating, maintaining, or advertising a
massage establishment, as defined by Section 455.001, Occupations
Code, that:
(A) is not appropriately licensed under Chapter
455, Occupations Code, or is not in compliance with the applicable
licensing and other requirements of that chapter; or
(B) is not in compliance with an applicable local
ordinance relating to the licensing or regulation of massage
establishments.
SECTION 2. Section 125.004, Civil Practice and Remedies
Code, is amended by adding Subsections (a-1), (a-2), and (e) to read
as follows:
(a-1) Proof in the form of a person's arrest or the
testimony of a law enforcement agent that an activity described by
Section 125.0015(a)(6) or (7) is committed at a place licensed as a
massage establishment under Chapter 455, Occupations Code, or
advertised as offering massage therapy or massage services is prima
facie evidence that the defendant knowingly tolerated the activity.
(a-2) Proof that an activity described by Section
125.0015(a)(18) is committed at a place maintained by the defendant
is prima facie evidence that the defendant:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate the
activity.
(e) Evidence of a previous suit filed under this chapter
that resulted in a judgment against a landowner with respect to an
activity described by Section 125.0015 at the landowner's property
is admissible in a subsequent suit filed under this chapter to
demonstrate that the landowner:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate the
activity.
SECTION 3. Section 411.042(b), Government Code, is amended
to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02, 43.02(a),
43.02(b), 43.03, and 43.05, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of
the victim in any family violence, sexual assault or abuse,
stalking, or trafficking case. Information in the law enforcement
information system relating to an active order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code, or Article 17.292(e), Code of Criminal Procedure;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code, or Article 17.292(e), Code
of Criminal Procedure;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, stalking,
or trafficking case;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 4. Section 169.004(c), Health and Safety Code, is
amended to read as follows:
(c) A first offender prostitution prevention program
established under this chapter shall:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) submit to the division an annual report that
concerns [provide information regarding] the performance of the
program and includes:
(A) the number of participants in the program;
(B) a sample or overview of the curriculum;
(C) information regarding the program
administrators;
(D) a statement of the program's effectiveness
for the most recent state fiscal year; and
(E) any other information requested by the
division [to the division on request].
SECTION 5. Section 43.03, Penal Code, is amended to read as
follows:
Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
commits an offense if, acting other than as a prostitute receiving
compensation for personally rendered prostitution services, the
actor [he or she] knowingly:
(1) receives money or other property pursuant to an
agreement to participate in the proceeds of prostitution; [or]
(2) solicits another to engage in sexual conduct with
another person for compensation; or
(3) provides a person or premises for prostitution
purposes.
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the actor has been
previously convicted of an offense under this section; or
(2) a felony of the second degree if the actor engages
in conduct described by Subsection (a) [(a)(1) or (2)] involving a
person younger than 18 years of age engaging in prostitution,
regardless of whether the actor knows the age of the person at the
time the actor commits the offense.
SECTION 6. Chapter 93, Property Code, is amended by adding
Section 93.013 to read as follows:
Sec. 93.013. CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION
OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision
in a lease to the contrary, a tenant's right of possession
terminates and the landlord has a right to recover possession of the
leased premises if the tenant is using the premises or allowing the
premises to be used for the purposes of prostitution, promotion of
prostitution, aggravated promotion of prostitution, or compelling
prostitution, as prohibited by the Penal Code, or trafficking of
persons as described by Section 20A.02, Penal Code.
(b) A landlord who reasonably believes a tenant is using the
leased premises or allowing the leased premises to be used for a
purpose described by Subsection (a) may file a forcible detainer
suit under Chapter 24 seeking possession of the premises and unpaid
rent, including rent for any period of occupancy after the tenant's
right of possession terminates.
(c) Notwithstanding Section 24.005 or 91.001 or any other
law or a provision in the lease to the contrary, the landlord is not
required for purposes of a forcible detainer suit authorized by
this section:
(1) to give a notice of proposed eviction or a notice
of termination before giving notice to vacate; or
(2) to give the tenant more than three days' notice to
vacate before filing the suit.
(d) A pending suit brought by the attorney general or a
district, county, or city attorney under Chapter 125, Civil
Practice and Remedies Code, alleging that a common nuisance is
being maintained on the leased premises with respect to an activity
described by Subsection (a) is prima facie evidence that the
tenant's right of possession has terminated and the landlord has a
right to recover possession of the premises under Subsection (a).
(e) A final, nonappealable determination by a court under
Chapter 125, Civil Practice and Remedies Code, that a common
nuisance is being maintained on the leased premises with respect to
an activity described by Subsection (a) creates an irrebuttable
presumption that the tenant's right of possession has terminated
and the landlord has a right to recover possession of the premises
under Subsection (a).
SECTION 7. Section 17.46(b), Business & Commerce Code, as
amended 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
accrued before the effective date of this Act is governed by the law
in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 8. Section 43.03, Penal Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 9. Section 93.013, Property Code, as added by this
Act, applies only to a lease entered into or renewed on or after the
effective date of this Act. A lease entered into or renewed before
the effective date of this Act is governed by the law applicable to
the lease immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 10. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 11. This Act takes effect September 1, 2017.