By: Thompson of Harris, Dukes H.B. No. 2552
(Senate Sponsor - Huffman)
(In the Senate - Received from the House May 15, 2017;
May 15, 2017, read first time and referred to Committee on State
Affairs; May 18, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to measures to address and deter certain criminal or other
unlawful activity, including trafficking of persons, sexual
offenses, prostitution, and activity that may constitute a public
nuisance; increasing criminal penalties; creating a criminal
offense.
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 125.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (1-a) and (4) to read as
follows:
(1-a) "Computer network" means the interconnection of
two or more computers or computer systems by satellite, microwave,
line, or other communication medium with the capability to transmit
information between the computers.
(4) "Web address" means a website operating on the
Internet.
SECTION 3. Section 125.0015, Civil Practice and Remedies
Code, is amended by adding Subsections (c), (d), and (e) to read as
follows:
(c) A person operating a web address or computer network in
connection with an activity described by Subsection (a)(3), (6),
(7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a
common nuisance.
(d) Subsection (c) does not apply to:
(1) a provider of remote computing services or
electronic communication services to the public;
(2) a provider of an interactive computer service as
defined by 47 U.S.C. Section 230;
(3) an Internet service provider;
(4) a search engine operator;
(5) a browsing or hosting company;
(6) an operating system provider; or
(7) a device manufacturer.
(e) This section does not apply to an activity exempted,
authorized, or otherwise lawful activity regulated by federal law.
SECTION 4. The heading to Section 125.002, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES
[NUISANCE]; BOND.
SECTION 5. Sections 125.002(a), (g), and (h), Civil
Practice and Remedies Code, are amended to read as follows:
(a) A suit to enjoin and abate a common nuisance described
by Section 125.0015(a) or (b) may be brought by an individual, by
the attorney general, or by a district, county, or city attorney.
The suit must be brought in the county in which it is alleged to
exist against the person who is maintaining or about to maintain the
nuisance. The suit must be brought in the name of the state if
brought by the attorney general or a district or county attorney, in
the name of the city if brought by a city attorney, or in the name of
the individual if brought by a private citizen. Verification of the
petition or proof of personal injury by the acts complained of need
not be shown. For purposes of this subsection, personal injury may
include economic or monetary loss.
(g) In an action brought under this chapter, other than an
action brought under Section 125.0025, the petitioner may file a
notice of lis pendens and a certified copy of an order of the court
in the office of the county clerk in each county in which the land is
located. The notice of lis pendens must conform to the requirements
of Section 12.007, Property Code, and constitutes notice as
provided by Section 13.004, Property Code. A certified copy of an
order of the court filed in the office of the county clerk
constitutes notice of the terms of the order and is binding on
subsequent purchasers and lienholders.
(h) A person who may bring a suit under Subsection (a)
[Section 125.0015] shall consider, among other factors, whether the
property owner, the owner's authorized representative, or the
operator or occupant of the business, dwelling, or other place
where the criminal acts occurred:
(1) promptly notifies the appropriate governmental
entity or the entity's law enforcement agency of the occurrence of
criminal acts on the property; and
(2) cooperates with the governmental entity's law
enforcement investigation of criminal acts occurring at the
property.
SECTION 6. Subchapter A, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.0025 to read as
follows:
Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES.
(a) A suit to declare that a person operating a web address or
computer network is maintaining a common nuisance may be brought by
an individual, by the attorney general, or by a district, county, or
city attorney.
(b) Except as provided by Section 125.003(d), on a finding
that a web address or computer network is a common nuisance, the
sole remedy available is a judicial finding issued to the attorney
general.
(c) The attorney general may:
(1) notify Internet service providers, search engine
operators, browsing or hosting companies, or device manufacturers
on which applications are hosted of the judicial finding issued to
the attorney general under Subsection (b) to determine if the
persons notified are able to offer technical assistance to the
attorney general in a manner consistent with 47 U.S.C. Section 230;
or
(2) post the judicial finding issued to the attorney
general under Subsection (b) on the attorney general's Internet
website.
SECTION 7. 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 8. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.066 to read as follows:
Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
OF CERTAIN OFFENSE. A person is ineligible to serve as a member of
the board of trustees of a school district if the person has been
convicted of an offense under Section 43.02(b), Penal Code.
SECTION 9. 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 10. Subchapter A, Chapter 241, Health and Safety
Code, is amended by adding Section 241.011 to read as follows:
Sec. 241.011. HUMAN TRAFFICKING SIGNS REQUIRED. An
emergency department of a hospital shall display separate signs, in
English and Spanish, that comply with Section 245.025 as if the
hospital is an abortion facility.
SECTION 11. Chapter 245, Health and Safety Code, is amended
by adding Section 245.025 to read as follows:
Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An
abortion facility shall display separate signs, in English,
Spanish, and any additional language as required by Subsection (b),
side by side in accordance with this section in each restroom and
patient consulting room. The signs must include the following
information:
(1) no person, including an individual's parents, may
force any individual to have an abortion;
(2) it is illegal for a person to force an individual
to engage in sexual acts;
(3) a woman who needs help may call or text a state or
national organization that assists victims of human trafficking and
forced abortions; and
(4) the toll-free number of an organization described
by Subdivision (3).
(b) Signs required under this section must be in English and
Spanish. If an abortion facility is located in a political
subdivision required to provide election materials in a language
other than English or Spanish under Section 272.011, Election Code,
the facility shall display a separate sign in that language.
(c) Signs required under this section must be at least 8-1/2
by 11 inches in size and displayed in a conspicuous manner clearly
visible to the public and employees of an abortion facility. The
notice must cover at least four-fifths of the sign.
(d) The executive commissioner shall adopt rules as
necessary to implement and enforce this section.
SECTION 12. Section 1602.354, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission shall require continuing education
programs under this chapter to include information on:
(1) activities commonly associated with human
trafficking;
(2) recognition of potential victims of human
trafficking; and
(3) methods for assisting victims of human
trafficking, including how to report human trafficking.
SECTION 13. Subchapter I, Chapter 1602, Occupations Code,
is amended by adding Section 1602.408 to read as follows:
Sec. 1602.408. POSTING OF CERTAIN NOTICES REQUIRED. (a) In
this section, "licensed facility" means the premises of a place of
business that holds a license, certificate, or permit under this
chapter.
(b) A licensed facility shall display a sign approved by or
acceptable to the commission or the department concerning services
and assistance available to victims of human trafficking.
(c) The sign required by this section must be in English,
Spanish, and Vietnamese and include a toll-free telephone number of
a nationally recognized information and referral hotline for
victims of human trafficking.
(d) The commission by rule shall establish requirements
regarding the posting of signs under this section.
SECTION 14. Section 20A.02(b), Penal Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, an
offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time the actor commits
the offense; [or]
(2) the commission of the offense results in the death
of the person who is trafficked; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked.
SECTION 15. (a) This section takes effect only if the Act
of the 85th Legislature, Regular Session, 2017, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Section 21.16(g), Penal Code, as added by Chapter 852
(S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,
is amended to read as follows:
(g) An offense under this section is a state jail felony
[Class A misdemeanor].
(c) Chapter 21, Penal Code, is amended by adding Section
21.18 to read as follows:
Sec. 21.18. SEXUAL COERCION. (a) In this section:
(1) "Intimate visual material" means the visual
material described by Section 21.16(b)(1) or (c).
(2) "Sexual conduct" has the meaning assigned by
Section 43.25.
(b) A person commits an offense if the person intentionally
threatens, including by coercion or extortion, to commit an offense
under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to
obtain, in return for not committing the threatened offense or in
connection with the threatened offense, any of the following
benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or
gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally
threatens, including by coercion or extortion, to commit an offense
under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
obtain, in return for not committing the threatened offense or in
connection with the threatened offense, either of the following
benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or
gratification.
(d) This section applies to a threat regardless of how that
threat is communicated, including a threat transmitted through
e-mail or an Internet website, social media account, or chat room
and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the defendant has previously
been convicted of an offense under this section.
SECTION 16. (a) This section takes effect only if the Act
of the 85th Legislature, Regular Session, 2017, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Section 21.16(g), Penal Code, as added by Chapter 852
(S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,
is amended to read as follows:
(g) An offense under this section is a state jail felony
[Class A misdemeanor].
(c) Chapter 21, Penal Code, is amended by adding Section
21.18 to read as follows:
Sec. 21.18. SEXUAL COERCION. (a) In this section:
(1) "Intimate visual material" means the visual
material described by Section 21.16(b)(1) or (c), as added by
Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
Session, 2015.
(2) "Sexual conduct" has the meaning assigned by
Section 43.25.
(b) A person commits an offense if the person intentionally
threatens, including by coercion or extortion, to commit an offense
under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B.
1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16,
as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature,
Regular Session, 2015, 22.011, or 22.021 to obtain, in return for
not committing the threatened offense or in connection with the
threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or
gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally
threatens, including by coercion or extortion, to commit an offense
under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
obtain, in return for not committing the threatened offense or in
connection with the threatened offense, either of the following
benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or
gratification.
(d) This section applies to a threat regardless of how that
threat is communicated, including a threat transmitted through
e-mail or an Internet website, social media account, or chat room
and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the defendant has previously
been convicted of an offense under this section.
SECTION 17. Sections 22.01(b) and (c), Penal Code, are
amended to read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code; or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer; [or]
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services; or
(6) a pregnant individual to force the individual to
have an abortion.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; [or]
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant; or
(3) a Class A misdemeanor if the offense is committed
against a pregnant individual to force the individual to have an
abortion.
SECTION 18. 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;
(3) provides a person or premises for prostitution
purposes; or
(4) publishes or distributes on an Internet website
that is owned or operated by the actor an advertisement that
contains an offer to engage in sexual conduct in return for receipt
of a fee.
(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 19. 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 20. 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 21. (a) Not later than December 1, 2017, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Sections 241.011 and
245.025, Health and Safety Code, as added by this Act.
(b) A hospital or an abortion facility is not required to
comply with Section 241.011 or 245.025, Health and Safety Code, as
added by this Act, before January 1, 2018.
SECTION 22. (a) Not later than March 1, 2018, the Texas
Commission of Licensing and Regulation shall adopt rules as
necessary to comply with Section 1602.354, Occupations Code, as
amended by this Act.
(b) Section 1602.354(c), Occupations Code, as added by this
Act, and the rules adopted under Subsection (a) of this section
apply only to a continuing education program provided on or after
September 1, 2018.
SECTION 23. (a) Not later than January 1, 2018, the Texas
Commission of Licensing and Regulation shall adopt rules as
necessary to implement Section 1602.408, Occupations Code, as added
by this Act.
(b) A licensed facility as defined by Section 1602.408(a),
Occupations Code, as added by this Act, shall comply with Section
1602.408, Occupations Code, as added by this Act, not later than
February 1, 2018.
SECTION 24. Sections 20A.02 and 22.01, Penal Code, as
amended by this Act, apply 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 that 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 was committed before that date.
SECTION 25. 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 26. 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 27. 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 28. This Act takes effect September 1, 2017.
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