85R12306 LHC-D
By: Huffman S.B. No. 1569
A BILL TO BE ENTITLED
AN ACT
relating to prostitution and the trafficking of persons, civil
racketeering related to trafficking, the prosecution of and
punishment for certain sexual offenses and offenses involving or
related to trafficking, reimbursement of certain costs for criminal
victims who are children, and the release and reporting of certain
information relating to a child; increasing a criminal penalty;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 140A, Civil Practice and Remedies Code,
is amended by designating Sections 140A.001 and 140A.002 as
Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Section 140A.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Attorney general" means the attorney general of
Texas or any assistant attorney general acting under the direction
of the attorney general of Texas.
SECTION 3. Subchapter A, Chapter 140A, Civil Practice and
Remedies Code, as added by this Act, is amended by adding Section
140A.0015 to read as follows:
Sec. 140A.0015. APPLICABILITY OF PROVISIONS. (a) The
provisions of this chapter are cumulative of each other and any
other provision of law in effect relating to the same subject. The
provisions of this chapter preserve the constitutional and common
law authority of the attorney general to bring any action under
state and federal law.
(b) If any of the provisions of this chapter are held
invalid, the remainder of the provisions are not affected as a
result and the application of the provision held invalid to persons
or circumstances other than those as to which it is held invalid are
not affected as a result.
SECTION 4. Chapter 140A, Civil Practice and Remedies Code,
is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. PROCEDURES AND EVIDENCE
Sec. 140A.051. DEFINITIONS. In this subchapter:
(1) "Civil investigative demand" means any demand
issued by the attorney general under this subchapter.
(2) "Documentary material" means the original or a
copy of any paper, contract, agreement, book, booklet, brochure,
pamphlet, catalog, magazine, notice, announcement, circular,
bulletin, instruction, minutes, agenda, study, analysis, report,
graph, map, chart, table, schedule, note, letter, telegram,
telephone recordings, or data compilations stored in or accessible
through computer or other information retrieval systems, together
with instructions and all other materials necessary to use or
interpret the data compilations, and any product of discovery.
(3) "Person" has the meaning assigned by Section
311.005, Government Code.
(4) "Product of discovery" means:
(A) the original or a copy of a deposition,
interrogatory, document, thing, result of inspection of land or
other property, examination, or admission that is obtained by any
method of discovery in a judicial or administrative proceeding of
an adversarial nature;
(B) a digest, analysis, selection, compilation,
or derivation of any item listed in Paragraph (A); and
(C) an index, instruction, or other aid or means
of access to any item listed in Paragraph (A).
(5) "Racketeering investigation" means any inquiry
conducted by the attorney general for the purpose of ascertaining
whether any person is or has been engaged in or is actively
preparing to engage in activities that may constitute a
racketeering violation.
(6) "Racketeering violation" means any act or omission
in violation of any of the prohibitions in Section 140A.002.
Sec. 140A.052. CIVIL INVESTIGATIVE DEMAND. If the attorney
general has reason to believe that a person may be in possession,
custody, or control of any documentary material or other evidence
or may have any information relevant to a civil racketeering
investigation, the attorney general may, before beginning a civil
proceeding, issue in writing and serve on the person a civil
investigative demand requiring the person to:
(1) produce any of the documentary material for
inspection and copying;
(2) answer in writing any written interrogatories;
(3) give oral testimony; or
(4) provide any combination of civil investigative
demands under Subdivisions (1)-(3).
Sec. 140A.053. CONTENTS OF DEMAND. (a) A civil
investigative demand issued under Section 140A.052 must:
(1) describe the nature of the activities that are the
subject of the investigation;
(2) state each statute the activity violates; and
(3) advise the person on whom the demand is served that
the person has the right to object to the demand as provided for in
this subchapter.
(b) A demand for production of documentary material must:
(1) describe the class of material to be produced with
reasonable specificity so that the material demanded is fairly
identified;
(2) prescribe a return date that provides a reasonable
period of time within which the material is to be produced; and
(3) identify the individual to whom the material is to
be made available for inspection and copying.
(c) A demand for answers to written interrogatories must:
(1) propound the interrogatories with definiteness
and certainty;
(2) prescribe a date by which answers to the
interrogatories must be submitted; and
(3) identify the individual to whom the answers should
be submitted.
(d) Each demand for the giving of oral testimony must:
(1) prescribe a reasonable date, time, and place at
which the testimony will begin; and
(2) identify the individual who will conduct the
examination.
Sec. 140A.054. SERVICE; PROOF OF SERVICE. (a) Service of
any civil investigative demand or petition filed under Section
140A.055 or 140A.060 may be made on any natural person by delivering
a duly executed copy of the demand or petition to the person to be
served or by mailing a copy by registered or certified mail, return
receipt requested, to the person at the person's residence or
principal office or place of business.
(b) Service of any demand or petition filed under Section
140A.055 or 140A.060 may be made on any person other than a natural
person by delivering a duly executed copy of the demand or petition
to a person to whom delivery would be appropriate under state law if
the demand or petition were process in a civil suit.
(c) A verified return by the individual serving any demand
or petition filed under Section 140A.055 or 140A.060 setting forth
the manner of service is proof of service. In the case of service by
registered or certified mail, the return must be accompanied by the
return post office receipt of delivery of the demand or petition.
Sec. 140A.055. PETITION FOR ORDER MODIFYING OR SETTING
ASIDE DEMAND. (a) At any time before the return date specified in a
civil investigative demand or not later than the 30th day after the
date the demand was served, whichever period is shorter, the person
who has been served, and in the case of a demand for a product of
discovery the person from whom the discovery was obtained, may file
a petition for an order modifying or setting aside the demand in the
district court in the county of the person's residence or principal
office or place of business or a district court of Travis County.
The petition must specify each ground upon which the petitioner
relies in seeking the relief sought. The petition may be based on
any failure of a demand to comply with the provisions of this
subchapter or on any constitutional or other legal right or
privilege of the petitioner.
(b) The petitioner shall serve a copy of the petition on the
attorney general in accordance with Section 140A.054. The attorney
general may submit an answer to the petition.
(c) In ruling on the petition under this section, the court
shall presume absent evidence to the contrary that the attorney
general issued the demand in good faith and within the scope of the
attorney general's authority.
Sec. 140A.056. COMPLIANCE WITH DEMAND. (a) A person on
whom a civil investigative demand is served under this subchapter
shall comply with the terms of the demand unless otherwise provided
by court order.
(b) The time for compliance with the demand wholly or partly
does not run during the pendency of any petition filed under Section
140A.055, provided that the petitioner shall comply with any
portions of the demand not sought to be modified or set aside.
Sec. 140A.057. DOCUMENTARY MATERIAL. (a) Any person on
whom any civil investigative demand for the production of
documentary material has been duly served under this subchapter
shall make the material available to the attorney general for
inspection and copying during normal business hours on the return
date specified in the demand at the person's principal office or
place of business or as otherwise may be agreed on by the person and
the attorney general. The attorney general shall bear the expense
of any copying. The person may substitute copies for originals of
all or part of the requested documents if the originals are made
available for inspection. The attorney general may elect to obtain
or review information in an electronic format. The person shall
indicate in writing which, if any, of the documents produced
contain trade secrets or confidential information.
(b) The production of documentary material in response to
any demand must be made under a sworn certificate in the form the
demand designates by a natural person having knowledge of the facts
and circumstances relating to the production to the effect that all
of the requested material in the possession, custody, or control of
the person to whom the demand is directed has been produced.
Sec. 140A.058. INTERROGATORIES. (a) Each interrogatory in
any civil investigative demand duly served must be answered
separately and fully in writing, unless it is objected to, in which
case the basis for the objection shall be set forth in lieu of an
answer. The person shall indicate in writing which, if any, of the
answers contain trade secrets or confidential information.
(b) Answers to interrogatories must be submitted under a
sworn certificate in the form the related demand designates by a
natural person having knowledge of the facts and circumstances
relating to the preparation of the answers to the effect that all of
the requested information in the possession, custody, control, or
knowledge of the person to whom the demand is directed has been set
forth fully and accurately.
Sec. 140A.059. ORAL EXAMINATION. (a) The examination of
any person pursuant to a civil investigative demand for oral
testimony duly served must be taken before any person authorized to
administer oaths and affirmations under the laws of this state or
the United States. The person before whom the testimony is to be
taken shall put the witness on oath or affirmation and shall
personally or by someone acting under the person's direction and in
the person's presence record the witness's testimony. At the
expense of the attorney general, and except as provided by this
subsection, the testimony must be taken stenographically and may be
transcribed. The attorney general may take audio and video
recordings of the testimony by providing notice to the person to be
examined not later than the seventh day before the day the person is
to be examined.
(b) The oral testimony of any person taken pursuant to a
demand served must be taken within 100 miles of the county where the
person resides, is found, or transacts business or in any other
place agreed on by the person and the attorney general.
(c) Any person compelled to appear under a demand for oral
testimony may be accompanied, represented, and advised by counsel.
Counsel may advise the person in confidence, either on the request
of the person or on the counsel's own initiative, with respect to
any question arising in connection with the examination.
(d) The individual conducting the examination on behalf of
the attorney general shall exclude from the place of examination
all other persons except the person being examined, the person's
counsel, the counsel of the person to whom the demand has been
issued, the person before whom the testimony is to be taken, any
stenographer taking the testimony, audiographer, videographer, and
any person assisting the individual conducting the examination.
(e) During the examination, the person being examined or the
person's counsel may object on the record to any question in
accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An
objection may properly be made, received, and entered on the record
when it is claimed that the person is entitled to refuse to answer
the question on grounds of any constitutional or other privilege,
including the privilege against self-incrimination. Neither that
person nor the person's counsel may otherwise object to or refuse to
answer any question or interrupt the oral examination. If the
person refuses to answer any question, the attorney general may
petition the district court in the county where the examination is
being conducted for an order compelling the person to answer the
question.
(f) After the testimony has been fully transcribed, the
person before whom the testimony was taken shall promptly transmit
the transcript of the testimony to the witness and a copy of the
transcript to the attorney general. The witness must have a
reasonable opportunity to examine the transcript and make any
changes in form or substance accompanied by a statement of the
reasons for the changes. The witness shall then sign and return the
transcript. If the witness does not return the transcript to the
person before whom the testimony was taken not later than the 20th
day after the date the transcript was provided to the witness, the
witness may be deemed to have waived the right to make changes. The
officer shall then certify on the transcript that the witness was
duly sworn and that the transcript is a true record of the testimony
given by the witness and promptly transmit a copy of the certified
transcript to the attorney general.
(g) On request, the attorney general shall furnish a copy of
the certified transcript to the witness.
(h) The attorney general may provide the witness the same
fees and mileage reimbursement that are paid to witnesses in the
district courts of this state.
Sec. 140A.060. FAILURE TO COMPLY WITH DEMAND PETITION FOR
ENFORCEMENT. If a person fails to comply with a civil investigative
demand duly served on the person, the attorney general may file in
the district court in the county in which the person resides, is
found, or transacts business or in a district court of Travis County
and may serve on the person a petition for an order of the court for
enforcement. If the person transacts business in more than one
county and the attorney general elects not to file the petition in
Travis County, the petition must be filed in the county of the
person's principal office or place of business in the state or in
any other county as may be agreed on by the person and the attorney
general.
Sec. 140A.061. DELIBERATE NONCOMPLIANCE. (a) A person
commits an offense if the person, with intent to avoid, evade, or
prevent compliance with a civil investigative demand issued under
this subchapter, knowingly removes from any place, conceals,
withholds, destroys, mutilates, alters, or by any other means
falsifies any documentary material or otherwise provides
inaccurate information.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $5,000;
(2) confinement in a county jail for not more than one
year; or
(3) both a fine and confinement.
Sec. 140A.062. DISCLOSURE AND USE OF MATERIAL AND
INFORMATION. (a) The civil investigative demand issued by the
attorney general, any information obtained, maintained, or created
in response to the demand, or any documentary material, product of
discovery, or other record derived or created during an
investigation from the information, is not subject to disclosure
under Chapter 552, Government Code, and is not subject to
disclosure, discovery, subpoena, or other means of legal compulsion
for the release, except as described in Subsections (b) and (c).
(b) The attorney general may not release or disclose
information that is obtained in response to a demand or any
documentary material, product of discovery, or other record derived
from the information except:
(1) by court order for good cause shown;
(2) with the consent of the person who provided the
information to the attorney general;
(3) to an employee or other person under the direction
of the attorney general;
(4) to an agency of this state, the United States, or
another state or foreign country;
(5) to any party or person in accordance with Sections
140A.107 and 140A.108;
(6) to a political subdivision of this state; or
(7) to a person authorized by the attorney general to
receive the information.
(c) The attorney general may use information obtained in
response to a demand, or any documentary material, product of
discovery, or other record derived or created from the information
as the attorney general determines necessary in the enforcement of
this chapter, including presentation before court.
Sec. 140A.063. JURISDICTION. If a petition is filed in the
district court in any county, the court has jurisdiction to hear and
determine the matter presented and to enter any order required to
implement this chapter. Any final order is subject to appeal.
Failure to comply with any final order entered by a court under this
chapter is punishable by the court as contempt of the order.
Sec. 140A.064. NONEXCLUSIVE PROCEDURES. Nothing in this
chapter precludes the attorney general from using any procedure not
specified in this chapter in conducting a racketeering
investigation.
SECTION 5. Chapter 140A, Civil Practice and Remedies Code,
is amended by adding Subchapter C and adding a subchapter heading to
read as follows:
SUBCHAPTER C. ENFORCEMENT
SECTION 6. Sections 140A.003 through 140A.013, Civil
Practice and Remedies Code, are transferred to Subchapter C,
Chapter 140A, Civil Practice and Remedies Code, as added by this
Act, redesignated as Sections 140A.101 through 140A.111, Civil
Practice and Remedies Code, and amended to read as follows:
Sec. 140A.101 [140A.003]. SUIT TO ABATE RACKETEERING. (a)
The attorney general may bring suit in the name of the state against
a person or enterprise for racketeering and may seek civil
penalties, costs, reasonable attorney's fees, and appropriate
injunctive relief.
(b) This chapter does not authorize suit by a person or
enterprise that sustains injury as a result of racketeering.
(c) A suit under this chapter must be brought in a district
court in a county in which all or part of the alleged racketeering
offense giving rise to the suit occurred.
Sec. 140A.102 [140A.004]. INJUNCTIVE RELIEF; OTHER
REMEDIES. (a) A court in which a proceeding is brought under this
chapter may prevent, restrain, and remedy racketeering by issuing
appropriate orders. The orders may include a temporary restraining
order, a temporary or permanent injunction, the creation of a
receivership, and the enforcement of a constructive trust in
connection with any property or other interest, prejudgment writs
of attachment under Chapter 61 for the purposes of freezing,
preserving, and disgorging assets, or another order for a remedy or
restraint the court considers proper.
(b) Following a final determination of liability under this
chapter, the court may issue an appropriate order, including an
order that:
(1) requires a person to divest any direct or indirect
interest in an enterprise;
(2) imposes reasonable restrictions on the future
activities or investments of a person that affect the laws of this
state, including prohibiting a person from engaging in the type of
endeavor or enterprise that gave rise to the racketeering offense,
to the extent permitted by the constitutions of this state and the
United States;
(3) requires the dissolution or reorganization of an
enterprise involved in the suit;
(4) orders the recovery of reasonable fees, expenses,
and costs incurred in obtaining injunctive relief or civil remedies
or in conducting investigations under this chapter, including court
costs, investigation costs, attorney's fees, witness fees, and
deposition fees;
(5) orders payment to the state of an amount equal to:
(A) the gain acquired or maintained through
racketeering; or
(B) the amount for which a person is liable under
this chapter;
(6) orders payment to the state of a civil penalty by a
person or enterprise found liable for racketeering, in an amount
not to exceed $250,000 for each separately alleged and proven act of
racketeering;
(7) orders payment of damages to the state for
racketeering shown to have materially damaged the state; or
(8) orders that property attached under Chapter 61 be
used to satisfy an award of the court, including damages,
penalties, costs, and fees.
(c) In determining the amount of a civil penalty ordered
under Subsection (b)(6), the court shall consider:
(1) the seriousness of the racketeering offense and
the consequent financial or personal harm to the state or to any
identified victim; [and]
(2) the duration of the racketeering activity; and
(3) any other matter that justice requires.
(d) If any property attached under Chapter 61 is not
necessary to satisfy an award of the court after a finding of
liability for racketeering of the person or enterprise having an
interest in the property, the court may order that the property be
disgorged to the state to the extent of the person's or enterprise's
interest. To be disgorged, the property must be acquired or
maintained by the person or enterprise through racketeering.
(e) In determining the amount of damages ordered under
Subsection (b)(7), the court shall consider:
(1) loss of tax revenue to the state;
(2) unpaid state unemployment taxes;
(3) unpaid state licensing and regulatory fees;
(4) medical and counseling costs incurred by the state
on behalf of any victim of the racketeering; and
(5) other material damage caused to the state by the
racketeering.
(f) Except as otherwise provided by this chapter, remedies
and awards ordered by a court under this chapter, including costs
and reasonable attorney's fees, may be assessed against and paid
from money or property awarded under this chapter.
(g) This chapter is not intended to provide the exclusive
remedy for the activity addressed by this chapter. A proceeding
under this chapter may be brought in addition to or in the
alternative of any other civil or criminal action available under
the laws of this state.
(h) Notwithstanding any other provision in this chapter,
Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a
remedy under this section.
(i) A remedy under this section may not impair a security
interest in property subject to a bona fide lien.
Sec. 140A.103 [140A.005]. CONSTRUCTIVE TRUST. (a) A
person or enterprise that, through racketeering, acquires property
or prevents another person from receiving property that by law is
required to be transferred or paid to that person is an involuntary
trustee. The involuntary trustee or any other person or
enterprise, other than a bona fide purchaser for value as described
by Subsection (b), holds the property and the proceeds of the
property in constructive trust for the benefit of any person
entitled to remedies under this chapter.
(b) A bona fide purchaser for value who was reasonably
without notice of unlawful conduct and who did not knowingly take
part in an illegal transaction is not an involuntary trustee under
Subsection (a) and is not subject to a constructive trust imposed
under this chapter.
Sec. 140A.104 [140A.006]. EVIDENCE. (a) In a proceeding
under this chapter, the state bears the burden of proof by a
preponderance of the evidence.
(b) A person convicted in a criminal proceeding is
precluded, in a proceeding under this chapter, from subsequently
denying the essential allegations of the criminal offense of which
the person was convicted. For purposes of this subsection, a
verdict or a plea, including a plea of nolo contendere, is
considered a conviction.
(c) An individual may not be held liable under this chapter
based on the conduct of another person unless the finder of fact
finds by a preponderance of the evidence that the individual
authorized, requested, commanded, participated in, ratified, or
recklessly tolerated the unlawful conduct of the other person.
(d) An enterprise may not be held liable under this chapter
based on the conduct of an agent unless the finder of fact finds by a
preponderance of the evidence that a director or high managerial
agent performed, authorized, requested, commanded, participated
in, ratified, or recklessly tolerated the unlawful conduct of the
agent.
(e) A bank or savings and loan association insured by the
Federal Deposit Insurance Corporation, a credit union insured by
the National Credit Union Administration, or the holder of a money
transmission license as defined by Chapter 151, Finance Code, may
not be held liable in damages or for other relief under this
chapter, unless the finder of fact finds by a preponderance of the
evidence that the person or agent acquiring or maintaining an
interest in or transporting, transacting, transferring, or
receiving the funds on behalf of another did so knowing that the
funds were the proceeds of an offense and that a director or high
managerial agent performed, authorized, requested, commanded,
participated in, ratified, or recklessly tolerated the unlawful
conduct of the person or agent.
Sec. 140A.105 [140A.007]. LIMITATIONS PERIOD. A
proceeding may be commenced under this chapter only if the
proceeding is filed on or before the seventh anniversary of the date
on which the racketeering offense was actually discovered. This
section supersedes any conflicting provision establishing a
shorter period of limitations for the same conduct.
Sec. 140A.106 [140A.008]. SPECIAL DOCKETING PROCEDURES.
The attorney general may file with the clerk of the district court
in which a proceeding is brought under this chapter a certificate
stating that the case is of special public importance. The clerk
must immediately furnish a copy of the certificate to the
administrative judge of the district court of the county in which
the proceeding is pending. On receiving the copy of the
certificate, the administrative judge shall immediately designate
a judge to hear and determine the proceeding. The designated judge
shall promptly assign the proceeding for hearing, participate in
hearings, make determinations, and cause the action to be
expedited.
Sec. 140A.107 [140A.009]. NOTICE TO LOCAL PROSECUTOR. (a)
In a reasonable time before initiating suit or on initiating an
investigation on racketeering, the attorney general shall provide
notice to the district attorney, criminal district attorney, or
county attorney with felony criminal jurisdiction that appears to
have primary jurisdiction over the criminal prosecution of any
target of an investigation under this chapter at the time of the
notice concerning the attorney general's intent to file suit under
this chapter or investigate racketeering, as applicable.
(b) The notices described by Subsection (a) must describe or
otherwise identify the defendant to the suit or the suspect, as
applicable.
Sec. 140A.108 [140A.010]. COOPERATION WITH LOCAL
PROSECUTOR. (a) A district attorney, criminal district attorney,
or county attorney with felony criminal jurisdiction that receives
notice under Section 140A.107 [140A.009] may notify the attorney
general of a related pending criminal investigation or prosecution.
(b) Notification to the attorney general under Subsection
(a) must be in writing and describe or otherwise identify the
defendant or suspect in the criminal investigation or proceeding.
(c) On receipt of notice described by Subsection (a), the
attorney general shall coordinate and cooperate with the district
attorney, criminal district attorney, or county attorney with
felony criminal jurisdiction to ensure that the filing of a suit
under this chapter does not interfere with an ongoing criminal
investigation or prosecution. The attorney general shall update
the district attorney, criminal district attorney, or county
attorney with felony criminal jurisdiction on matters affecting the
suit or the investigation.
Sec. 140A.109 [140A.011]. ABATEMENT OF SUIT. If the
district attorney, criminal district attorney, or county attorney
with felony criminal jurisdiction determines that a suit brought
under this chapter would interfere with an ongoing criminal
investigation or prosecution after notifying the attorney general
of the investigation or prosecution under Section 140A.108
[140A.010], the district attorney, criminal district attorney, or
county attorney with felony criminal jurisdiction may request, in
writing, that the attorney general abate the suit. On receipt of
this request, the attorney general shall abate the suit.
Sec. 140A.110 [140A.012]. DISPOSITION OF ASSETS. (a) An
award issued in an action brought under this chapter must be paid in
accordance with this section.
(b) After a deduction of any costs of suit, including
reasonable attorney's fees and court costs, 80 percent of the
amount of the award remaining must be paid to the state, and the
remaining 20 percent must be paid, on a pro rata basis, to each law
enforcement agency, district attorney's office, criminal district
attorney's office, and office of a county attorney with felony
criminal jurisdiction found by the court to have assisted in the
suit.
(c) The first $10 million, after any costs of suit described
by Subsection (b), that is paid to the state under this chapter in a
fiscal year shall be dedicated to the compensation to victims of
crime fund described by Article 56.54, Code of Criminal Procedure.
Sec. 140A.111 [140A.013]. PREVIOUSLY SEIZED ASSETS.
Notwithstanding another provision of this chapter, no remedies
provided by this chapter may be assessed against proceeds,
contraband, or other property over which a law enforcement agency
has previously asserted jurisdiction under Chapter 59, Code of
Criminal Procedure, at the time a suit under this chapter was filed.
SECTION 7. Article 45.0216(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The court shall order the conviction, together with all
complaints, verdicts, sentences, and prosecutorial and law
enforcement records, and any other documents relating to the
offense, expunged from the person's record if the court finds that:
(1) for a person applying for the expunction of a
conviction for an offense described by Section 8.07(a)(4) or (5),
Penal Code, the person was not convicted of any other offense
described by Section 8.07(a)(4) or (5), Penal Code, while the
person was a child; and
(2) for a person applying for the expunction of a
conviction for an offense described by Section 43.261, Penal Code,
the person was not found to have engaged in conduct indicating a
need for supervision described by Section 51.03(b)(6)
[51.03(b)(7)], Family Code, while the person was a child.
SECTION 8. Article 56.32(a)(9), Code of Criminal Procedure,
is amended to read as follows:
(9) "Pecuniary loss" means the amount of expense
reasonably and necessarily incurred as a result of personal injury
or death for:
(A) medical, hospital, nursing, or psychiatric
care or counseling, or physical therapy;
(B) actual loss of past earnings and anticipated
loss of future earnings and necessary travel expenses because of:
(i) a disability resulting from the
personal injury;
(ii) the receipt of medically indicated
services related to the disability resulting from the personal
injury; or
(iii) participation in or attendance at
investigative, prosecutorial, or judicial processes related to the
criminally injurious conduct and participation in or attendance at
any postconviction or postadjudication proceeding relating to
criminally injurious conduct;
(C) care of a child or dependent, including
specialized care for a child who is a victim;
(D) funeral and burial expenses, including, for
an immediate family member or household member of the victim, the
necessary expenses of traveling to and attending the funeral;
(E) loss of support to a dependent, consistent
with Article 56.41(b)(5);
(F) reasonable and necessary costs of cleaning
the crime scene;
(G) reasonable replacement costs for clothing,
bedding, or property of the victim seized as evidence or rendered
unusable as a result of the criminal investigation;
(H) reasonable and necessary costs for
relocation and housing rental assistance payments as provided by
Article 56.42(d);
(I) for an immediate family member or household
member of a deceased victim, bereavement leave of not more than 10
work days; and
(J) reasonable and necessary costs of traveling
to and from a place of execution for the purpose of witnessing the
execution, including one night's lodging near the place at which
the execution is conducted.
SECTION 9. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c-1)(3) [(c)(3)] of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or
(L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), [or] (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; [or]
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 10. Article 62.101(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
(3) an offense under Section 20A.03, Penal Code, if
based partly or wholly on conduct that constitutes an offense under
Section 20A.02(a)(3), (4), (7), or (8) of that code;
(4) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(5) [(4)] an offense under Section 20.02, 20.03, or
20.04, Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; or
(6) [(5)] an offense under Section 43.23, Penal Code,
that is punishable under Subsection (h) of that section.
SECTION 11. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0105 to read as follows:
Sec. 130.0105. COMMERCIAL DRIVER'S LICENSE TRAINING
PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The Texas Higher
Education Coordinating Board by rule shall require each public
junior college offering a commercial driver's license training
program to include as a part of that program education and training
on the recognition and prevention of human trafficking.
(b) The Texas Higher Education Coordinating Board, in
collaboration with the office of the attorney general, shall
establish the content of the education and training required by
this section.
SECTION 12. Subchapter A, Chapter 132, Education Code, is
amended by adding Section 132.006 to read as follows:
Sec. 132.006. COMMERCIAL DRIVER'S LICENSE TRAINING
PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The commission by
rule shall require each career school or college offering a
commercial driver's license training program to include as a part
of that program education and training on the recognition and
prevention of human trafficking.
(b) The commission, in collaboration with the office of the
attorney general, shall establish the content of the education and
training required by this section.
SECTION 13. Section 51.03(b), Family Code, as amended by
Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts
of the 84th Legislature, Regular Session, 2015, is reenacted and
amended to read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(3) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(4) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(5) [(6)] notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a) or (b), Penal Code; or
(6) [(7)] notwithstanding Subsection (a)(1), conduct
that violates Section 43.261, Penal Code.
SECTION 14. Section 51.13(e), Family Code, is amended to
read as follows:
(e) A finding that a child engaged in conduct indicating a
need for supervision as described by Section 51.03(b)(6)
[51.03(b)(7)] is a conviction only for the purposes of Sections
43.261(c) and (d), Penal Code.
SECTION 15. Section 54.0404(a), Family Code, is amended to
read as follows:
(a) If a child is found to have engaged in conduct
indicating a need for supervision described by Section 51.03(b)(6)
[51.03(b)(7)], the juvenile court may enter an order requiring the
child to attend and successfully complete an educational program
described by Section 37.218, Education Code, or another equivalent
educational program.
SECTION 16. Section 58.003(c-3), Family Code, is amended to
read as follows:
(c-3) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court, on the court's own motion and
without a hearing, shall order the sealing of records concerning a
child found to have engaged in conduct indicating a need for
supervision described by Section 51.03(b)(5) [51.03(b)(6)] or
taken into custody to determine whether the child engaged in
conduct indicating a need for supervision described by Section
51.03(b)(5) [51.03(b)(6)]. This subsection applies only to
records related to conduct indicating a need for supervision
described by Section 51.03(b)(5) [51.03(b)(6)].
SECTION 17. Section 23.101(a), Government Code, is amended
to read as follows:
(a) The trial courts of this state shall regularly and
frequently set hearings and trials of pending matters, giving
preference to hearings and trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code;
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02(a)(7), 20A.02(a)(8),
or 20A.03, Penal Code;
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure; and
(E) criminal actions against persons who are
detained as provided by Section 51.12, Family Code, after transfer
for prosecution in criminal court under Section 54.02, Family Code;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 18. Section 126.002(a), Government Code, as
transferred and redesignated from Section 169A.002, Health and
Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts
of the 84th Legislature, Regular Session, 2015, and as amended by
Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted to read as
follows:
(a) The commissioners court of a county or governing body of
a municipality may establish a commercially sexually exploited
persons court program for defendants charged with an offense under
Section 43.02(a), Penal Code.
SECTION 19. Section 402.035(c), Government Code, as amended
by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. 1549), Acts
of the 84th Legislature, Regular Session, 2015, is reenacted and
amended to read as follows:
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(5) the commissioner of the Department of State Health
Services or the commissioner's designee;
(6) the public safety director of the Department of
Public Safety or the director's designee;
(7) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) the Texas Juvenile Justice Department;
(D) the Texas Education Agency;
(E) [(D)] the Texas Alcoholic Beverage
Commission;
(F) the [Texas] Parks and Wildlife Department;
[and]
(G) the Supreme Court of Texas Permanent Judicial
Commission for Children, Youth and Families;
(H) the Texas Department of Licensing and
Regulation;
(I) the Office of Court Administration of the
Texas Judicial System;
(J) the office of the secretary of state; and
(K) the Texas Commission on Law Enforcement; and
(8) as appointed by the attorney general:
(A) a chief public defender employed by a public
defender's office, as defined by Article 26.044(a), Code of
Criminal Procedure, or an attorney designated by the chief public
defender;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association;
(iii) a state police association; and
(iv) a statewide medical association;
(D) representatives of sheriff's departments;
(E) representatives of local law enforcement
agencies affected by human trafficking; and
(F) representatives of nongovernmental entities
making comprehensive efforts to combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to
human trafficking victims;
(iii) participating in community outreach
or public awareness efforts regarding human trafficking;
(iv) providing or developing training
regarding the prevention of human trafficking; or
(v) engaging in other activities designed
to prevent human trafficking.
SECTION 20. Section 402.035(d), Government Code, as amended
by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys' offices [Attorneys'
Offices] for all of the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including data described by Subdivisions (4)(A), (B),
(C), (D), and (E);
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
(iii) an offense punishable under Section
43.02(c-1)(3) [43.02(c)(3)], Penal Code, regardless of whether the
offense was committed as part of a criminal episode involving the
trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Texas Commission on Law Enforcement
to develop and conduct training for law enforcement personnel,
victim service providers, and medical service providers to identify
victims of human trafficking;
(6) work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(7) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(8) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(9) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking;
(10) develop recommendations on how to strengthen
state and local efforts to prevent human trafficking, protect and
assist human trafficking victims, curb markets and other economic
avenues that facilitate human trafficking and investigate and
prosecute human trafficking offenders;
(11) examine the extent to which human trafficking is
associated with the operation of sexually oriented businesses, as
defined by Section 243.002, Local Government Code, and the
workplace or public health concerns that are created by the
association of human trafficking and the operation of sexually
oriented businesses; [and]
(12) develop recommendations for addressing the
demand for forced labor or services or sexual conduct involving
victims of human trafficking, including recommendations for
increased penalties for individuals who engage or attempt to engage
in prostitution with victims younger than 18 years of age; and
(13) [(12)] identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses.
SECTION 21. Section 81.046(d), Health and Safety Code, is
amended to read as follows:
(d) In a case of sexually transmitted disease involving a
minor under 14 [13] years of age, information may not be released,
except that the child's name, age, and address and the name of the
disease may be released to appropriate agents as required by
Chapter 261, Family Code. This subsection does not affect a
person's duty to report child abuse or neglect under Subchapter B,
Chapter 261, Family Code, except that information made confidential
by this chapter may not be released. If that information is
required in a court proceeding involving child abuse, the
information shall be disclosed in camera.
SECTION 22. 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 of [the actor
commits] the offense; or
(2) the commission of the offense results in the death
of the person who is trafficked.
SECTION 23. Section 21.02(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if:
(1) during a period that is 30 or more days in
duration, the person commits two or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 17 years of age or older and the victim
is a child younger than 14 years of age, regardless of whether the
actor knows the age of the victim at the time of the offense.
SECTION 24. Section 21.11(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, with a child younger
than 17 years of age, whether the child is of the same or opposite
sex and regardless of whether the person knows the age of the child
at the time of the offense, the person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
SECTION 25. Section 22.011(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if [the person]:
(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) regardless of whether the person knows the age of
the child at the time of the offense, the person intentionally or
knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
SECTION 26. Section 22.021(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of another person by any means, without that person's
consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) regardless of whether the person knows the
age of the child at the time of the offense, intentionally or
knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that any person will become the victim of an offense under
Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
bodily injury, or kidnapping will be imminently inflicted on any
person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause any person to become the
victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides
flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
or ketamine to the victim of the offense with the intent of
facilitating the commission of the offense;
(B) the victim is younger than 14 years of age,
regardless of whether the person knows the age of the victim at the
time of the offense; or
(C) the victim is an elderly individual or a
disabled individual.
SECTION 27. Section 43.01, Penal Code, is amended by adding
Subdivision (1-a) to read as follows:
(1-a) "Fee" means the payment or offer of payment in
the form of money, goods, services, or other benefit.
SECTION 28. Sections 43.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if[, in return for receipt
of a fee,] the person knowingly offers or agrees to receive a fee
from another to engage in sexual conduct[:
[(1) offers to engage, agrees to engage, or engages in
sexual conduct; or
[(2) solicits another in a public place to engage with
the actor in sexual conduct for hire].
(b) A person commits an offense if[, based on the payment of
a fee by the actor or another person on behalf of the actor,] the
person knowingly offers or agrees to pay a fee to another person for
the purpose of engaging in sexual conduct with that person or
another[:
[(1) offers to engage, agrees to engage, or engages in
sexual conduct; or
[(2) solicits another in a public place to engage with
the actor in sexual conduct for hire].
SECTION 29. Section 43.02, Penal Code, as amended by
Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
Legislature, Regular Session, 2015, is amended by reenacting
Subsection (c) and reenacting and amending Subsection (c-1) to read
as follows:
(c) An offense under Subsection (a) is a Class B
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (a);
or
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(a).
(c-1) An offense under Subsection (b) is a Class B
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (b);
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(b); or
(3) a felony of the second degree if the person with
whom the actor agrees to engage in sexual conduct [solicited] is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person [solicited] at the
time of [the actor commits] the offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 30. Section 43.03(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a state jail felony
[Class A misdemeanor], except that the offense is:
(1) a felony of the third degree [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)(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 of [the
actor commits] the offense.
SECTION 31. Section 43.04(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a felony of the second
[third] degree, except that the offense is a felony of the first
degree if the prostitution enterprise uses as a prostitute one or
more persons younger than 18 years of age, regardless of whether the
actor knows the age of the person at the time of [the actor commits]
the offense.
SECTION 32. Section 43.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, or fraud to
commit prostitution; or
(2) causes by any means a child younger than 18 years
to commit prostitution, regardless of whether the actor knows the
age of the child at the time of [the actor commits] the offense.
SECTION 33. Section 43.25, Penal Code, is amended by
amending Subsections (c) and (e) and adding Subsection (h) to read
as follows:
(c) An offense under Subsection (b) is a felony of the
second degree, except that the offense is a felony of the first
degree if the victim is younger than 14 years of age at the time the
offense is committed, regardless of whether the actor knows the age
of the victim at the time of the offense.
(e) An offense under Subsection (d) is a felony of the third
degree, except that the offense is a felony of the second degree if
the victim is younger than 14 years of age at the time the offense is
committed, regardless of whether the actor knows the age of the
victim at the time of the offense.
(h) Conduct under this section constitutes an offense
regardless of whether the actor knows the age of the victim at the
time of the offense.
SECTION 34. Section 43.251, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the child is younger than 14 years of age at the time the offense is
committed, regardless of whether the actor knows the age of the
child at the time of the offense.
(d) Conduct under this section constitutes an offense
regardless of whether the actor knows the age of the child at the
time of the offense.
SECTION 35. The following laws are repealed:
(1) Section 402.035(h), Government Code; and
(2) Section 43.02(b-1), Penal Code.
SECTION 36. (a) Except as provided by Subsection (b) of
this section, the changes in law made 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 the
former law is continued in effect for that purpose. For purposes of
this subsection, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) The changes in law made by this Act in amending Chapter
62, Code of Criminal Procedure, apply only to a person who is
required to register under Chapter 62, Code of Criminal Procedure,
on the basis of a conviction or adjudication for or based on an
offense committed on or after the effective date of this Act. A
person who is required to register under Chapter 62, Code of
Criminal Procedure, solely on the basis of a conviction or
adjudication for or based on 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 subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 37. (a) Not later than December 1, 2017, the Texas
Higher Education Coordinating Board shall adopt rules necessary to
implement Section 130.0105, Education Code, as added by this Act.
(b) Not later than December 1, 2017, the Texas Workforce
Commission shall adopt rules necessary to implement Section
132.006, Education Code, as added by this Act.
SECTION 38. 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 39. This Act takes effect September 1, 2017.