Texas 2017 - 85th Regular

Texas Senate Bill SB1569 Compare Versions

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

Old	New	Differences
1	1	85R12306 LHC-D
2	2	By: Huffman S.B. No. 1569
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prostitution and the trafficking of persons, civil
8	8	racketeering related to trafficking, the prosecution of and
9	9	punishment for certain sexual offenses and offenses involving or
10	10	related to trafficking, reimbursement of certain costs for criminal
11	11	victims who are children, and the release and reporting of certain
12	12	information relating to a child; increasing a criminal penalty;
13	13	creating a criminal offense.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 140A, Civil Practice and Remedies Code,
16	16	is amended by designating Sections 140A.001 and 140A.002 as
17	17	Subchapter A and adding a subchapter heading to read as follows:
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	SECTION 2. Section 140A.001, Civil Practice and Remedies
20	20	Code, is amended by adding Subdivision (1-a) to read as follows:
21	21	(1-a) "Attorney general" means the attorney general of
22	22	Texas or any assistant attorney general acting under the direction
23	23	of the attorney general of Texas.
24	24	SECTION 3. Subchapter A, Chapter 140A, Civil Practice and
25	25	Remedies Code, as added by this Act, is amended by adding Section
26	26	140A.0015 to read as follows:
27	27	Sec. 140A.0015. APPLICABILITY OF PROVISIONS. (a) The
28	28	provisions of this chapter are cumulative of each other and any
29	29	other provision of law in effect relating to the same subject. The
30	30	provisions of this chapter preserve the constitutional and common
31	31	law authority of the attorney general to bring any action under
32	32	state and federal law.
33	33	(b) If any of the provisions of this chapter are held
34	34	invalid, the remainder of the provisions are not affected as a
35	35	result and the application of the provision held invalid to persons
36	36	or circumstances other than those as to which it is held invalid are
37	37	not affected as a result.
38	38	SECTION 4. Chapter 140A, Civil Practice and Remedies Code,
39	39	is amended by adding Subchapter B to read as follows:
40	40	SUBCHAPTER B. PROCEDURES AND EVIDENCE
41	41	Sec. 140A.051. DEFINITIONS. In this subchapter:
42	42	(1) "Civil investigative demand" means any demand
43	43	issued by the attorney general under this subchapter.
44	44	(2) "Documentary material" means the original or a
45	45	copy of any paper, contract, agreement, book, booklet, brochure,
46	46	pamphlet, catalog, magazine, notice, announcement, circular,
47	47	bulletin, instruction, minutes, agenda, study, analysis, report,
48	48	graph, map, chart, table, schedule, note, letter, telegram,
49	49	telephone recordings, or data compilations stored in or accessible
50	50	through computer or other information retrieval systems, together
51	51	with instructions and all other materials necessary to use or
52	52	interpret the data compilations, and any product of discovery.
53	53	(3) "Person" has the meaning assigned by Section
54	54	311.005, Government Code.
55	55	(4) "Product of discovery" means:
56	56	(A) the original or a copy of a deposition,
57	57	interrogatory, document, thing, result of inspection of land or
58	58	other property, examination, or admission that is obtained by any
59	59	method of discovery in a judicial or administrative proceeding of
60	60	an adversarial nature;
61	61	(B) a digest, analysis, selection, compilation,
62	62	or derivation of any item listed in Paragraph (A); and
63	63	(C) an index, instruction, or other aid or means
64	64	of access to any item listed in Paragraph (A).
65	65	(5) "Racketeering investigation" means any inquiry
66	66	conducted by the attorney general for the purpose of ascertaining
67	67	whether any person is or has been engaged in or is actively
68	68	preparing to engage in activities that may constitute a
69	69	racketeering violation.
70	70	(6) "Racketeering violation" means any act or omission
71	71	in violation of any of the prohibitions in Section 140A.002.
72	72	Sec. 140A.052. CIVIL INVESTIGATIVE DEMAND. If the attorney
73	73	general has reason to believe that a person may be in possession,
74	74	custody, or control of any documentary material or other evidence
75	75	or may have any information relevant to a civil racketeering
76	76	investigation, the attorney general may, before beginning a civil
77	77	proceeding, issue in writing and serve on the person a civil
78	78	investigative demand requiring the person to:
79	79	(1) produce any of the documentary material for
80	80	inspection and copying;
81	81	(2) answer in writing any written interrogatories;
82	82	(3) give oral testimony; or
83	83	(4) provide any combination of civil investigative
84	84	demands under Subdivisions (1)-(3).
85	85	Sec. 140A.053. CONTENTS OF DEMAND. (a) A civil
86	86	investigative demand issued under Section 140A.052 must:
87	87	(1) describe the nature of the activities that are the
88	88	subject of the investigation;
89	89	(2) state each statute the activity violates; and
90	90	(3) advise the person on whom the demand is served that
91	91	the person has the right to object to the demand as provided for in
92	92	this subchapter.
93	93	(b) A demand for production of documentary material must:
94	94	(1) describe the class of material to be produced with
95	95	reasonable specificity so that the material demanded is fairly
96	96	identified;
97	97	(2) prescribe a return date that provides a reasonable
98	98	period of time within which the material is to be produced; and
99	99	(3) identify the individual to whom the material is to
100	100	be made available for inspection and copying.
101	101	(c) A demand for answers to written interrogatories must:
102	102	(1) propound the interrogatories with definiteness
103	103	and certainty;
104	104	(2) prescribe a date by which answers to the
105	105	interrogatories must be submitted; and
106	106	(3) identify the individual to whom the answers should
107	107	be submitted.
108	108	(d) Each demand for the giving of oral testimony must:
109	109	(1) prescribe a reasonable date, time, and place at
110	110	which the testimony will begin; and
111	111	(2) identify the individual who will conduct the
112	112	examination.
113	113	Sec. 140A.054. SERVICE; PROOF OF SERVICE. (a) Service of
114	114	any civil investigative demand or petition filed under Section
115	115	140A.055 or 140A.060 may be made on any natural person by delivering
116	116	a duly executed copy of the demand or petition to the person to be
117	117	served or by mailing a copy by registered or certified mail, return
118	118	receipt requested, to the person at the person's residence or
119	119	principal office or place of business.
120	120	(b) Service of any demand or petition filed under Section
121	121	140A.055 or 140A.060 may be made on any person other than a natural
122	122	person by delivering a duly executed copy of the demand or petition
123	123	to a person to whom delivery would be appropriate under state law if
124	124	the demand or petition were process in a civil suit.
125	125	(c) A verified return by the individual serving any demand
126	126	or petition filed under Section 140A.055 or 140A.060 setting forth
127	127	the manner of service is proof of service. In the case of service by
128	128	registered or certified mail, the return must be accompanied by the
129	129	return post office receipt of delivery of the demand or petition.
130	130	Sec. 140A.055. PETITION FOR ORDER MODIFYING OR SETTING
131	131	ASIDE DEMAND. (a) At any time before the return date specified in a
132	132	civil investigative demand or not later than the 30th day after the
133	133	date the demand was served, whichever period is shorter, the person
134	134	who has been served, and in the case of a demand for a product of
135	135	discovery the person from whom the discovery was obtained, may file
136	136	a petition for an order modifying or setting aside the demand in the
137	137	district court in the county of the person's residence or principal
138	138	office or place of business or a district court of Travis County.
139	139	The petition must specify each ground upon which the petitioner
140	140	relies in seeking the relief sought. The petition may be based on
141	141	any failure of a demand to comply with the provisions of this
142	142	subchapter or on any constitutional or other legal right or
143	143	privilege of the petitioner.
144	144	(b) The petitioner shall serve a copy of the petition on the
145	145	attorney general in accordance with Section 140A.054. The attorney
146	146	general may submit an answer to the petition.
147	147	(c) In ruling on the petition under this section, the court
148	148	shall presume absent evidence to the contrary that the attorney
149	149	general issued the demand in good faith and within the scope of the
150	150	attorney general's authority.
151	151	Sec. 140A.056. COMPLIANCE WITH DEMAND. (a) A person on
152	152	whom a civil investigative demand is served under this subchapter
153	153	shall comply with the terms of the demand unless otherwise provided
154	154	by court order.
155	155	(b) The time for compliance with the demand wholly or partly
156	156	does not run during the pendency of any petition filed under Section
157	157	140A.055, provided that the petitioner shall comply with any
158	158	portions of the demand not sought to be modified or set aside.
159	159	Sec. 140A.057. DOCUMENTARY MATERIAL. (a) Any person on
160	160	whom any civil investigative demand for the production of
161	161	documentary material has been duly served under this subchapter
162	162	shall make the material available to the attorney general for
163	163	inspection and copying during normal business hours on the return
164	164	date specified in the demand at the person's principal office or
165	165	place of business or as otherwise may be agreed on by the person and
166	166	the attorney general. The attorney general shall bear the expense
167	167	of any copying. The person may substitute copies for originals of
168	168	all or part of the requested documents if the originals are made
169	169	available for inspection. The attorney general may elect to obtain
170	170	or review information in an electronic format. The person shall
171	171	indicate in writing which, if any, of the documents produced
172	172	contain trade secrets or confidential information.
173	173	(b) The production of documentary material in response to
174	174	any demand must be made under a sworn certificate in the form the
175	175	demand designates by a natural person having knowledge of the facts
176	176	and circumstances relating to the production to the effect that all
177	177	of the requested material in the possession, custody, or control of
178	178	the person to whom the demand is directed has been produced.
179	179	Sec. 140A.058. INTERROGATORIES. (a) Each interrogatory in
180	180	any civil investigative demand duly served must be answered
181	181	separately and fully in writing, unless it is objected to, in which
182	182	case the basis for the objection shall be set forth in lieu of an
183	183	answer. The person shall indicate in writing which, if any, of the
184	184	answers contain trade secrets or confidential information.
185	185	(b) Answers to interrogatories must be submitted under a
186	186	sworn certificate in the form the related demand designates by a
187	187	natural person having knowledge of the facts and circumstances
188	188	relating to the preparation of the answers to the effect that all of
189	189	the requested information in the possession, custody, control, or
190	190	knowledge of the person to whom the demand is directed has been set
191	191	forth fully and accurately.
192	192	Sec. 140A.059. ORAL EXAMINATION. (a) The examination of
193	193	any person pursuant to a civil investigative demand for oral
194	194	testimony duly served must be taken before any person authorized to
195	195	administer oaths and affirmations under the laws of this state or
196	196	the United States. The person before whom the testimony is to be
197	197	taken shall put the witness on oath or affirmation and shall
198	198	personally or by someone acting under the person's direction and in
199	199	the person's presence record the witness's testimony. At the
200	200	expense of the attorney general, and except as provided by this
201	201	subsection, the testimony must be taken stenographically and may be
202	202	transcribed. The attorney general may take audio and video
203	203	recordings of the testimony by providing notice to the person to be
204	204	examined not later than the seventh day before the day the person is
205	205	to be examined.
206	206	(b) The oral testimony of any person taken pursuant to a
207	207	demand served must be taken within 100 miles of the county where the
208	208	person resides, is found, or transacts business or in any other
209	209	place agreed on by the person and the attorney general.
210	210	(c) Any person compelled to appear under a demand for oral
211	211	testimony may be accompanied, represented, and advised by counsel.
212	212	Counsel may advise the person in confidence, either on the request
213	213	of the person or on the counsel's own initiative, with respect to
214	214	any question arising in connection with the examination.
215	215	(d) The individual conducting the examination on behalf of
216	216	the attorney general shall exclude from the place of examination
217	217	all other persons except the person being examined, the person's
218	218	counsel, the counsel of the person to whom the demand has been
219	219	issued, the person before whom the testimony is to be taken, any
220	220	stenographer taking the testimony, audiographer, videographer, and
221	221	any person assisting the individual conducting the examination.
222	222	(e) During the examination, the person being examined or the
223	223	person's counsel may object on the record to any question in
224	224	accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An
225	225	objection may properly be made, received, and entered on the record
226	226	when it is claimed that the person is entitled to refuse to answer
227	227	the question on grounds of any constitutional or other privilege,
228	228	including the privilege against self-incrimination. Neither that
229	229	person nor the person's counsel may otherwise object to or refuse to
230	230	answer any question or interrupt the oral examination. If the
231	231	person refuses to answer any question, the attorney general may
232	232	petition the district court in the county where the examination is
233	233	being conducted for an order compelling the person to answer the
234	234	question.
235	235	(f) After the testimony has been fully transcribed, the
236	236	person before whom the testimony was taken shall promptly transmit
237	237	the transcript of the testimony to the witness and a copy of the
238	238	transcript to the attorney general. The witness must have a
239	239	reasonable opportunity to examine the transcript and make any
240	240	changes in form or substance accompanied by a statement of the
241	241	reasons for the changes. The witness shall then sign and return the
242	242	transcript. If the witness does not return the transcript to the
243	243	person before whom the testimony was taken not later than the 20th
244	244	day after the date the transcript was provided to the witness, the
245	245	witness may be deemed to have waived the right to make changes. The
246	246	officer shall then certify on the transcript that the witness was
247	247	duly sworn and that the transcript is a true record of the testimony
248	248	given by the witness and promptly transmit a copy of the certified
249	249	transcript to the attorney general.
250	250	(g) On request, the attorney general shall furnish a copy of
251	251	the certified transcript to the witness.
252	252	(h) The attorney general may provide the witness the same
253	253	fees and mileage reimbursement that are paid to witnesses in the
254	254	district courts of this state.
255	255	Sec. 140A.060. FAILURE TO COMPLY WITH DEMAND PETITION FOR
256	256	ENFORCEMENT. If a person fails to comply with a civil investigative
257	257	demand duly served on the person, the attorney general may file in
258	258	the district court in the county in which the person resides, is
259	259	found, or transacts business or in a district court of Travis County
260	260	and may serve on the person a petition for an order of the court for
261	261	enforcement. If the person transacts business in more than one
262	262	county and the attorney general elects not to file the petition in
263	263	Travis County, the petition must be filed in the county of the
264	264	person's principal office or place of business in the state or in
265	265	any other county as may be agreed on by the person and the attorney
266	266	general.
267	267	Sec. 140A.061. DELIBERATE NONCOMPLIANCE. (a) A person
268	268	commits an offense if the person, with intent to avoid, evade, or
269	269	prevent compliance with a civil investigative demand issued under
270	270	this subchapter, knowingly removes from any place, conceals,
271	271	withholds, destroys, mutilates, alters, or by any other means
272	272	falsifies any documentary material or otherwise provides
273	273	inaccurate information.
274	274	(b) An offense under this section is a misdemeanor
275	275	punishable by:
276	276	(1) a fine of not more than $5,000;
277	277	(2) confinement in a county jail for not more than one
278	278	year; or
279	279	(3) both a fine and confinement.
280	280	Sec. 140A.062. DISCLOSURE AND USE OF MATERIAL AND
281	281	INFORMATION. (a) The civil investigative demand issued by the
282	282	attorney general, any information obtained, maintained, or created
283	283	in response to the demand, or any documentary material, product of
284	284	discovery, or other record derived or created during an
285	285	investigation from the information, is not subject to disclosure
286	286	under Chapter 552, Government Code, and is not subject to
287	287	disclosure, discovery, subpoena, or other means of legal compulsion
288	288	for the release, except as described in Subsections (b) and (c).
289	289	(b) The attorney general may not release or disclose
290	290	information that is obtained in response to a demand or any
291	291	documentary material, product of discovery, or other record derived
292	292	from the information except:
293	293	(1) by court order for good cause shown;
294	294	(2) with the consent of the person who provided the
295	295	information to the attorney general;
296	296	(3) to an employee or other person under the direction
297	297	of the attorney general;
298	298	(4) to an agency of this state, the United States, or
299	299	another state or foreign country;
300	300	(5) to any party or person in accordance with Sections
301	301	140A.107 and 140A.108;
302	302	(6) to a political subdivision of this state; or
303	303	(7) to a person authorized by the attorney general to
304	304	receive the information.
305	305	(c) The attorney general may use information obtained in
306	306	response to a demand, or any documentary material, product of
307	307	discovery, or other record derived or created from the information
308	308	as the attorney general determines necessary in the enforcement of
309	309	this chapter, including presentation before court.
310	310	Sec. 140A.063. JURISDICTION. If a petition is filed in the
311	311	district court in any county, the court has jurisdiction to hear and
312	312	determine the matter presented and to enter any order required to
313	313	implement this chapter. Any final order is subject to appeal.
314	314	Failure to comply with any final order entered by a court under this
315	315	chapter is punishable by the court as contempt of the order.
316	316	Sec. 140A.064. NONEXCLUSIVE PROCEDURES. Nothing in this
317	317	chapter precludes the attorney general from using any procedure not
318	318	specified in this chapter in conducting a racketeering
319	319	investigation.
320	320	SECTION 5. Chapter 140A, Civil Practice and Remedies Code,
321	321	is amended by adding Subchapter C and adding a subchapter heading to
322	322	read as follows:
323	323	SUBCHAPTER C. ENFORCEMENT
324	324	SECTION 6. Sections 140A.003 through 140A.013, Civil
325	325	Practice and Remedies Code, are transferred to Subchapter C,
326	326	Chapter 140A, Civil Practice and Remedies Code, as added by this
327	327	Act, redesignated as Sections 140A.101 through 140A.111, Civil
328	328	Practice and Remedies Code, and amended to read as follows:
329	329	Sec. 140A.101 [140A.003]. SUIT TO ABATE RACKETEERING. (a)
330	330	The attorney general may bring suit in the name of the state against
331	331	a person or enterprise for racketeering and may seek civil
332	332	penalties, costs, reasonable attorney's fees, and appropriate
333	333	injunctive relief.
334	334	(b) This chapter does not authorize suit by a person or
335	335	enterprise that sustains injury as a result of racketeering.
336	336	(c) A suit under this chapter must be brought in a district
337	337	court in a county in which all or part of the alleged racketeering
338	338	offense giving rise to the suit occurred.
339	339	Sec. 140A.102 [140A.004]. INJUNCTIVE RELIEF; OTHER
340	340	REMEDIES. (a) A court in which a proceeding is brought under this
341	341	chapter may prevent, restrain, and remedy racketeering by issuing
342	342	appropriate orders. The orders may include a temporary restraining
343	343	order, a temporary or permanent injunction, the creation of a
344	344	receivership, and the enforcement of a constructive trust in
345	345	connection with any property or other interest, prejudgment writs
346	346	of attachment under Chapter 61 for the purposes of freezing,
347	347	preserving, and disgorging assets, or another order for a remedy or
348	348	restraint the court considers proper.
349	349	(b) Following a final determination of liability under this
350	350	chapter, the court may issue an appropriate order, including an
351	351	order that:
352	352	(1) requires a person to divest any direct or indirect
353	353	interest in an enterprise;
354	354	(2) imposes reasonable restrictions on the future
355	355	activities or investments of a person that affect the laws of this
356	356	state, including prohibiting a person from engaging in the type of
357	357	endeavor or enterprise that gave rise to the racketeering offense,
358	358	to the extent permitted by the constitutions of this state and the
359	359	United States;
360	360	(3) requires the dissolution or reorganization of an
361	361	enterprise involved in the suit;
362	362	(4) orders the recovery of reasonable fees, expenses,
363	363	and costs incurred in obtaining injunctive relief or civil remedies
364	364	or in conducting investigations under this chapter, including court
365	365	costs, investigation costs, attorney's fees, witness fees, and
366	366	deposition fees;
367	367	(5) orders payment to the state of an amount equal to:
368	368	(A) the gain acquired or maintained through
369	369	racketeering; or
370	370	(B) the amount for which a person is liable under
371	371	this chapter;
372	372	(6) orders payment to the state of a civil penalty by a
373	373	person or enterprise found liable for racketeering, in an amount
374	374	not to exceed $250,000 for each separately alleged and proven act of
375	375	racketeering;
376	376	(7) orders payment of damages to the state for
377	377	racketeering shown to have materially damaged the state; or
378	378	(8) orders that property attached under Chapter 61 be
379	379	used to satisfy an award of the court, including damages,
380	380	penalties, costs, and fees.
381	381	(c) In determining the amount of a civil penalty ordered
382	382	under Subsection (b)(6), the court shall consider:
383	383	(1) the seriousness of the racketeering offense and
384	384	the consequent financial or personal harm to the state or to any
385	385	identified victim; [and]
386	386	(2) the duration of the racketeering activity; and
387	387	(3) any other matter that justice requires.
388	388	(d) If any property attached under Chapter 61 is not
389	389	necessary to satisfy an award of the court after a finding of
390	390	liability for racketeering of the person or enterprise having an
391	391	interest in the property, the court may order that the property be
392	392	disgorged to the state to the extent of the person's or enterprise's
393	393	interest. To be disgorged, the property must be acquired or
394	394	maintained by the person or enterprise through racketeering.
395	395	(e) In determining the amount of damages ordered under
396	396	Subsection (b)(7), the court shall consider:
397	397	(1) loss of tax revenue to the state;
398	398	(2) unpaid state unemployment taxes;
399	399	(3) unpaid state licensing and regulatory fees;
400	400	(4) medical and counseling costs incurred by the state
401	401	on behalf of any victim of the racketeering; and
402	402	(5) other material damage caused to the state by the
403	403	racketeering.
404	404	(f) Except as otherwise provided by this chapter, remedies
405	405	and awards ordered by a court under this chapter, including costs
406	406	and reasonable attorney's fees, may be assessed against and paid
407	407	from money or property awarded under this chapter.
408	408	(g) This chapter is not intended to provide the exclusive
409	409	remedy for the activity addressed by this chapter. A proceeding
410	410	under this chapter may be brought in addition to or in the
411	411	alternative of any other civil or criminal action available under
412	412	the laws of this state.
413	413	(h) Notwithstanding any other provision in this chapter,
414	414	Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a
415	415	remedy under this section.
416	416	(i) A remedy under this section may not impair a security
417	417	interest in property subject to a bona fide lien.
418	418	Sec. 140A.103 [140A.005]. CONSTRUCTIVE TRUST. (a) A
419	419	person or enterprise that, through racketeering, acquires property
420	420	or prevents another person from receiving property that by law is
421	421	required to be transferred or paid to that person is an involuntary
422	422	trustee. The involuntary trustee or any other person or
423	423	enterprise, other than a bona fide purchaser for value as described
424	424	by Subsection (b), holds the property and the proceeds of the
425	425	property in constructive trust for the benefit of any person
426	426	entitled to remedies under this chapter.
427	427	(b) A bona fide purchaser for value who was reasonably
428	428	without notice of unlawful conduct and who did not knowingly take
429	429	part in an illegal transaction is not an involuntary trustee under
430	430	Subsection (a) and is not subject to a constructive trust imposed
431	431	under this chapter.
432	432	Sec. 140A.104 [140A.006]. EVIDENCE. (a) In a proceeding
433	433	under this chapter, the state bears the burden of proof by a
434	434	preponderance of the evidence.
435	435	(b) A person convicted in a criminal proceeding is
436	436	precluded, in a proceeding under this chapter, from subsequently
437	437	denying the essential allegations of the criminal offense of which
438	438	the person was convicted. For purposes of this subsection, a
439	439	verdict or a plea, including a plea of nolo contendere, is
440	440	considered a conviction.
441	441	(c) An individual may not be held liable under this chapter
442	442	based on the conduct of another person unless the finder of fact
443	443	finds by a preponderance of the evidence that the individual
444	444	authorized, requested, commanded, participated in, ratified, or
445	445	recklessly tolerated the unlawful conduct of the other person.
446	446	(d) An enterprise may not be held liable under this chapter
447	447	based on the conduct of an agent unless the finder of fact finds by a
448	448	preponderance of the evidence that a director or high managerial
449	449	agent performed, authorized, requested, commanded, participated
450	450	in, ratified, or recklessly tolerated the unlawful conduct of the
451	451	agent.
452	452	(e) A bank or savings and loan association insured by the
453	453	Federal Deposit Insurance Corporation, a credit union insured by
454	454	the National Credit Union Administration, or the holder of a money
455	455	transmission license as defined by Chapter 151, Finance Code, may
456	456	not be held liable in damages or for other relief under this
457	457	chapter, unless the finder of fact finds by a preponderance of the
458	458	evidence that the person or agent acquiring or maintaining an
459	459	interest in or transporting, transacting, transferring, or
460	460	receiving the funds on behalf of another did so knowing that the
461	461	funds were the proceeds of an offense and that a director or high
462	462	managerial agent performed, authorized, requested, commanded,
463	463	participated in, ratified, or recklessly tolerated the unlawful
464	464	conduct of the person or agent.
465	465	Sec. 140A.105 [140A.007]. LIMITATIONS PERIOD. A
466	466	proceeding may be commenced under this chapter only if the
467	467	proceeding is filed on or before the seventh anniversary of the date
468	468	on which the racketeering offense was actually discovered. This
469	469	section supersedes any conflicting provision establishing a
470	470	shorter period of limitations for the same conduct.
471	471	Sec. 140A.106 [140A.008]. SPECIAL DOCKETING PROCEDURES.
472	472	The attorney general may file with the clerk of the district court
473	473	in which a proceeding is brought under this chapter a certificate
474	474	stating that the case is of special public importance. The clerk
475	475	must immediately furnish a copy of the certificate to the
476	476	administrative judge of the district court of the county in which
477	477	the proceeding is pending. On receiving the copy of the
478	478	certificate, the administrative judge shall immediately designate
479	479	a judge to hear and determine the proceeding. The designated judge
480	480	shall promptly assign the proceeding for hearing, participate in
481	481	hearings, make determinations, and cause the action to be
482	482	expedited.
483	483	Sec. 140A.107 [140A.009]. NOTICE TO LOCAL PROSECUTOR. (a)
484	484	In a reasonable time before initiating suit or on initiating an
485	485	investigation on racketeering, the attorney general shall provide
486	486	notice to the district attorney, criminal district attorney, or
487	487	county attorney with felony criminal jurisdiction that appears to
488	488	have primary jurisdiction over the criminal prosecution of any
489	489	target of an investigation under this chapter at the time of the
490	490	notice concerning the attorney general's intent to file suit under
491	491	this chapter or investigate racketeering, as applicable.
492	492	(b) The notices described by Subsection (a) must describe or
493	493	otherwise identify the defendant to the suit or the suspect, as
494	494	applicable.
495	495	Sec. 140A.108 [140A.010]. COOPERATION WITH LOCAL
496	496	PROSECUTOR. (a) A district attorney, criminal district attorney,
497	497	or county attorney with felony criminal jurisdiction that receives
498	498	notice under Section 140A.107 [140A.009] may notify the attorney
499	499	general of a related pending criminal investigation or prosecution.
500	500	(b) Notification to the attorney general under Subsection
501	501	(a) must be in writing and describe or otherwise identify the
502	502	defendant or suspect in the criminal investigation or proceeding.
503	503	(c) On receipt of notice described by Subsection (a), the
504	504	attorney general shall coordinate and cooperate with the district
505	505	attorney, criminal district attorney, or county attorney with
506	506	felony criminal jurisdiction to ensure that the filing of a suit
507	507	under this chapter does not interfere with an ongoing criminal
508	508	investigation or prosecution. The attorney general shall update
509	509	the district attorney, criminal district attorney, or county
510	510	attorney with felony criminal jurisdiction on matters affecting the
511	511	suit or the investigation.
512	512	Sec. 140A.109 [140A.011]. ABATEMENT OF SUIT. If the
513	513	district attorney, criminal district attorney, or county attorney
514	514	with felony criminal jurisdiction determines that a suit brought
515	515	under this chapter would interfere with an ongoing criminal
516	516	investigation or prosecution after notifying the attorney general
517	517	of the investigation or prosecution under Section 140A.108
518	518	[140A.010], the district attorney, criminal district attorney, or
519	519	county attorney with felony criminal jurisdiction may request, in
520	520	writing, that the attorney general abate the suit. On receipt of
521	521	this request, the attorney general shall abate the suit.
522	522	Sec. 140A.110 [140A.012]. DISPOSITION OF ASSETS. (a) An
523	523	award issued in an action brought under this chapter must be paid in
524	524	accordance with this section.
525	525	(b) After a deduction of any costs of suit, including
526	526	reasonable attorney's fees and court costs, 80 percent of the
527	527	amount of the award remaining must be paid to the state, and the
528	528	remaining 20 percent must be paid, on a pro rata basis, to each law
529	529	enforcement agency, district attorney's office, criminal district
530	530	attorney's office, and office of a county attorney with felony
531	531	criminal jurisdiction found by the court to have assisted in the
532	532	suit.
533	533	(c) The first $10 million, after any costs of suit described
534	534	by Subsection (b), that is paid to the state under this chapter in a
535	535	fiscal year shall be dedicated to the compensation to victims of
536	536	crime fund described by Article 56.54, Code of Criminal Procedure.
537	537	Sec. 140A.111 [140A.013]. PREVIOUSLY SEIZED ASSETS.
538	538	Notwithstanding another provision of this chapter, no remedies
539	539	provided by this chapter may be assessed against proceeds,
540	540	contraband, or other property over which a law enforcement agency
541	541	has previously asserted jurisdiction under Chapter 59, Code of
542	542	Criminal Procedure, at the time a suit under this chapter was filed.
543	543	SECTION 7. Article 45.0216(f), Code of Criminal Procedure,
544	544	is amended to read as follows:
545	545	(f) The court shall order the conviction, together with all
546	546	complaints, verdicts, sentences, and prosecutorial and law
547	547	enforcement records, and any other documents relating to the
548	548	offense, expunged from the person's record if the court finds that:
549	549	(1) for a person applying for the expunction of a
550	550	conviction for an offense described by Section 8.07(a)(4) or (5),
551	551	Penal Code, the person was not convicted of any other offense
552	552	described by Section 8.07(a)(4) or (5), Penal Code, while the
553	553	person was a child; and
554	554	(2) for a person applying for the expunction of a
555	555	conviction for an offense described by Section 43.261, Penal Code,
556	556	the person was not found to have engaged in conduct indicating a
557	557	need for supervision described by Section 51.03(b)(6)
558	558	[51.03(b)(7)], Family Code, while the person was a child.
559	559	SECTION 8. Article 56.32(a)(9), Code of Criminal Procedure,
560	560	is amended to read as follows:
561	561	(9) "Pecuniary loss" means the amount of expense
562	562	reasonably and necessarily incurred as a result of personal injury
563	563	or death for:
564	564	(A) medical, hospital, nursing, or psychiatric
565	565	care or counseling, or physical therapy;
566	566	(B) actual loss of past earnings and anticipated
567	567	loss of future earnings and necessary travel expenses because of:
568	568	(i) a disability resulting from the
569	569	personal injury;
570	570	(ii) the receipt of medically indicated
571	571	services related to the disability resulting from the personal
572	572	injury; or
573	573	(iii) participation in or attendance at
574	574	investigative, prosecutorial, or judicial processes related to the
575	575	criminally injurious conduct and participation in or attendance at
576	576	any postconviction or postadjudication proceeding relating to
577	577	criminally injurious conduct;
578	578	(C) care of a child or dependent, including
579	579	specialized care for a child who is a victim;
580	580	(D) funeral and burial expenses, including, for
581	581	an immediate family member or household member of the victim, the
582	582	necessary expenses of traveling to and attending the funeral;
583	583	(E) loss of support to a dependent, consistent
584	584	with Article 56.41(b)(5);
585	585	(F) reasonable and necessary costs of cleaning
586	586	the crime scene;
587	587	(G) reasonable replacement costs for clothing,
588	588	bedding, or property of the victim seized as evidence or rendered
589	589	unusable as a result of the criminal investigation;
590	590	(H) reasonable and necessary costs for
591	591	relocation and housing rental assistance payments as provided by
592	592	Article 56.42(d);
593	593	(I) for an immediate family member or household
594	594	member of a deceased victim, bereavement leave of not more than 10
595	595	work days; and
596	596	(J) reasonable and necessary costs of traveling
597	597	to and from a place of execution for the purpose of witnessing the
598	598	execution, including one night's lodging near the place at which
599	599	the execution is conducted.
600	600	SECTION 9. Article 62.001(5), Code of Criminal Procedure,
601	601	is amended to read as follows:
602	602	(5) "Reportable conviction or adjudication" means a
603	603	conviction or adjudication, including an adjudication of
604	604	delinquent conduct or a deferred adjudication, that, regardless of
605	605	the pendency of an appeal, is a conviction for or an adjudication
606	606	for or based on:
607	607	(A) a violation of Section 21.02 (Continuous
608	608	sexual abuse of young child or children), 21.11 (Indecency with a
609	609	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
610	610	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
611	611	(B) a violation of Section 43.05 (Compelling
612	612	prostitution), 43.25 (Sexual performance by a child), or 43.26
613	613	(Possession or promotion of child pornography), Penal Code;
614	614	(B-1) a violation of Section 43.02
615	615	(Prostitution), Penal Code, if the offense is punishable under
616	616	Subsection (c-1)(3) [(c)(3)] of that section;
617	617	(C) a violation of Section 20.04(a)(4)
618	618	(Aggravated kidnapping), Penal Code, if the actor committed the
619	619	offense or engaged in the conduct with intent to violate or abuse
620	620	the victim sexually;
621	621	(D) a violation of Section 30.02 (Burglary),
622	622	Penal Code, if the offense or conduct is punishable under
623	623	Subsection (d) of that section and the actor committed the offense
624	624	or engaged in the conduct with intent to commit a felony listed in
625	625	Paragraph (A) or (C);
626	626	(E) a violation of Section 20.02 (Unlawful
627	627	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
628	628	Penal Code, if, as applicable:
629	629	(i) the judgment in the case contains an
630	630	affirmative finding under Article 42.015; or
631	631	(ii) the order in the hearing or the papers
632	632	in the case contain an affirmative finding that the victim or
633	633	intended victim was younger than 17 years of age;
634	634	(F) the second violation of Section 21.08
635	635	(Indecent exposure), Penal Code, but not if the second violation
636	636	results in a deferred adjudication;
637	637	(G) an attempt, conspiracy, or solicitation, as
638	638	defined by Chapter 15, Penal Code, to commit an offense or engage in
639	639	conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or
640	640	(L);
641	641	(H) a violation of the laws of another state,
642	642	federal law, the laws of a foreign country, or the Uniform Code of
643	643	Military Justice for or based on the violation of an offense
644	644	containing elements that are substantially similar to the elements
645	645	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
646	646	(G), (J), [or] (K), or (L), but not if the violation results in a
647	647	deferred adjudication;
648	648	(I) the second violation of the laws of another
649	649	state, federal law, the laws of a foreign country, or the Uniform
650	650	Code of Military Justice for or based on the violation of an offense
651	651	containing elements that are substantially similar to the elements
652	652	of the offense of indecent exposure, but not if the second violation
653	653	results in a deferred adjudication;
654	654	(J) a violation of Section 33.021 (Online
655	655	solicitation of a minor), Penal Code; [or]
656	656	(K) a violation of Section 20A.02(a)(3), (4),
657	657	(7), or (8) (Trafficking of persons), Penal Code; or
658	658	(L) a violation of Section 20A.03 (Continuous
659	659	trafficking of persons), Penal Code, if the offense is based partly
660	660	or wholly on conduct that constitutes an offense under Section
661	661	20A.02(a)(3), (4), (7), or (8) of that code.
662	662	SECTION 10. Article 62.101(a), Code of Criminal Procedure,
663	663	is amended to read as follows:
664	664	(a) Except as provided by Subsection (b) and Subchapter I,
665	665	the duty to register for a person ends when the person dies if the
666	666	person has a reportable conviction or adjudication, other than an
667	667	adjudication of delinquent conduct, for:
668	668	(1) a sexually violent offense;
669	669	(2) an offense under Section 20A.02(a)(3), (4), (7),
670	670	or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
671	671	(3) an offense under Section 20A.03, Penal Code, if
672	672	based partly or wholly on conduct that constitutes an offense under
673	673	Section 20A.02(a)(3), (4), (7), or (8) of that code;
674	674	(4) an offense under Section 21.11(a)(2), Penal Code,
675	675	if before or after the person is convicted or adjudicated for the
676	676	offense under Section 21.11(a)(2), Penal Code, the person receives
677	677	or has received another reportable conviction or adjudication,
678	678	other than an adjudication of delinquent conduct, for an offense or
679	679	conduct that requires registration under this chapter;
680	680	(5) [(4)] an offense under Section 20.02, 20.03, or
681	681	20.04, Penal Code, if:
682	682	(A) the judgment in the case contains an
683	683	affirmative finding under Article 42.015 or, for a deferred
684	684	adjudication, the papers in the case contain an affirmative finding
685	685	that the victim or intended victim was younger than 17 years of age;
686	686	and
687	687	(B) before or after the person is convicted or
688	688	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
689	689	Penal Code, the person receives or has received another reportable
690	690	conviction or adjudication, other than an adjudication of
691	691	delinquent conduct, for an offense or conduct that requires
692	692	registration under this chapter; or
693	693	(6) [(5)] an offense under Section 43.23, Penal Code,
694	694	that is punishable under Subsection (h) of that section.
695	695	SECTION 11. Subchapter A, Chapter 130, Education Code, is
696	696	amended by adding Section 130.0105 to read as follows:
697	697	Sec. 130.0105. COMMERCIAL DRIVER'S LICENSE TRAINING
698	698	PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The Texas Higher
699	699	Education Coordinating Board by rule shall require each public
700	700	junior college offering a commercial driver's license training
701	701	program to include as a part of that program education and training
702	702	on the recognition and prevention of human trafficking.
703	703	(b) The Texas Higher Education Coordinating Board, in
704	704	collaboration with the office of the attorney general, shall
705	705	establish the content of the education and training required by
706	706	this section.
707	707	SECTION 12. Subchapter A, Chapter 132, Education Code, is
708	708	amended by adding Section 132.006 to read as follows:
709	709	Sec. 132.006. COMMERCIAL DRIVER'S LICENSE TRAINING
710	710	PROGRAM; CERTAIN CURRICULUM REQUIREMENTS. (a) The commission by
711	711	rule shall require each career school or college offering a
712	712	commercial driver's license training program to include as a part
713	713	of that program education and training on the recognition and
714	714	prevention of human trafficking.
715	715	(b) The commission, in collaboration with the office of the
716	716	attorney general, shall establish the content of the education and
717	717	training required by this section.
718	718	SECTION 13. Section 51.03(b), Family Code, as amended by
719	719	Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts
720	720	of the 84th Legislature, Regular Session, 2015, is reenacted and
721	721	amended to read as follows:
722	722	(b) Conduct indicating a need for supervision is:
723	723	(1) subject to Subsection (f), conduct, other than a
724	724	traffic offense, that violates:
725	725	(A) the penal laws of this state of the grade of
726	726	misdemeanor that are punishable by fine only; or
727	727	(B) the penal ordinances of any political
728	728	subdivision of this state;
729	729	(2) the voluntary absence of a child from the child's
730	730	home without the consent of the child's parent or guardian for a
731	731	substantial length of time or without intent to return;
732	732	(3) conduct prohibited by city ordinance or by state
733	733	law involving the inhalation of the fumes or vapors of paint and
734	734	other protective coatings or glue and other adhesives and the
735	735	volatile chemicals itemized in Section 485.001, Health and Safety
736	736	Code;
737	737	(4) an act that violates a school district's
738	738	previously communicated written standards of student conduct for
739	739	which the child has been expelled under Section 37.007(c),
740	740	Education Code;
741	741	(5) [(6)] notwithstanding Subsection (a)(1), conduct
742	742	described by Section 43.02(a) or (b), Penal Code; or
743	743	(6) [(7)] notwithstanding Subsection (a)(1), conduct
744	744	that violates Section 43.261, Penal Code.
745	745	SECTION 14. Section 51.13(e), Family Code, is amended to
746	746	read as follows:
747	747	(e) A finding that a child engaged in conduct indicating a
748	748	need for supervision as described by Section 51.03(b)(6)
749	749	[51.03(b)(7)] is a conviction only for the purposes of Sections
750	750	43.261(c) and (d), Penal Code.
751	751	SECTION 15. Section 54.0404(a), Family Code, is amended to
752	752	read as follows:
753	753	(a) If a child is found to have engaged in conduct
754	754	indicating a need for supervision described by Section 51.03(b)(6)
755	755	[51.03(b)(7)], the juvenile court may enter an order requiring the
756	756	child to attend and successfully complete an educational program
757	757	described by Section 37.218, Education Code, or another equivalent
758	758	educational program.
759	759	SECTION 16. Section 58.003(c-3), Family Code, is amended to
760	760	read as follows:
761	761	(c-3) Notwithstanding Subsections (a) and (c) and subject
762	762	to Subsection (b), a juvenile court, on the court's own motion and
763	763	without a hearing, shall order the sealing of records concerning a
764	764	child found to have engaged in conduct indicating a need for
765	765	supervision described by Section 51.03(b)(5) [51.03(b)(6)] or
766	766	taken into custody to determine whether the child engaged in
767	767	conduct indicating a need for supervision described by Section
768	768	51.03(b)(5) [51.03(b)(6)]. This subsection applies only to
769	769	records related to conduct indicating a need for supervision
770	770	described by Section 51.03(b)(5) [51.03(b)(6)].
771	771	SECTION 17. Section 23.101(a), Government Code, is amended
772	772	to read as follows:
773	773	(a) The trial courts of this state shall regularly and
774	774	frequently set hearings and trials of pending matters, giving
775	775	preference to hearings and trials of the following:
776	776	(1) temporary injunctions;
777	777	(2) criminal actions, with the following actions given
778	778	preference over other criminal actions:
779	779	(A) criminal actions against defendants who are
780	780	detained in jail pending trial;
781	781	(B) criminal actions involving a charge that a
782	782	person committed an act of family violence, as defined by Section
783	783	71.004, Family Code;
784	784	(C) an offense under:
785	785	(i) Section 21.02 or 21.11, Penal Code;
786	786	(ii) Chapter 22, Penal Code, if the victim
787	787	of the alleged offense is younger than 17 years of age;
788	788	(iii) Section 25.02, Penal Code, if the
789	789	victim of the alleged offense is younger than 17 years of age;
790	790	(iv) Section 25.06, Penal Code;
791	791	(v) Section 43.25, Penal Code; or
792	792	(vi) Section 20A.02(a)(7), 20A.02(a)(8),
793	793	or 20A.03, Penal Code;
794	794	(D) an offense described by Article 62.001(6)(C)
795	795	or (D), Code of Criminal Procedure; and
796	796	(E) criminal actions against persons who are
797	797	detained as provided by Section 51.12, Family Code, after transfer
798	798	for prosecution in criminal court under Section 54.02, Family Code;
799	799	(3) election contests and suits under the Election
800	800	Code;
801	801	(4) orders for the protection of the family under
802	802	Subtitle B, Title 4, Family Code;
803	803	(5) appeals of final rulings and decisions of the
804	804	division of workers' compensation of the Texas Department of
805	805	Insurance regarding workers' compensation claims and claims under
806	806	the Federal Employers' Liability Act and the Jones Act;
807	807	(6) appeals of final orders of the commissioner of the
808	808	General Land Office under Section 51.3021, Natural Resources Code;
809	809	(7) actions in which the claimant has been diagnosed
810	810	with malignant mesothelioma, other malignant asbestos-related
811	811	cancer, malignant silica-related cancer, or acute silicosis; and
812	812	(8) appeals brought under Section 42.01 or 42.015, Tax
813	813	Code, of orders of appraisal review boards of appraisal districts
814	814	established for counties with a population of less than 175,000.
815	815	SECTION 18. Section 126.002(a), Government Code, as
816	816	transferred and redesignated from Section 169A.002, Health and
817	817	Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts
818	818	of the 84th Legislature, Regular Session, 2015, and as amended by
819	819	Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th
820	820	Legislature, Regular Session, 2015, is reenacted to read as
821	821	follows:
822	822	(a) The commissioners court of a county or governing body of
823	823	a municipality may establish a commercially sexually exploited
824	824	persons court program for defendants charged with an offense under
825	825	Section 43.02(a), Penal Code.
826	826	SECTION 19. Section 402.035(c), Government Code, as amended
827	827	by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. 1549), Acts
828	828	of the 84th Legislature, Regular Session, 2015, is reenacted and
829	829	amended to read as follows:
830	830	(c) The task force is composed of the following:
831	831	(1) the governor or the governor's designee;
832	832	(2) the attorney general or the attorney general's
833	833	designee;
834	834	(3) the executive commissioner of the Health and Human
835	835	Services Commission or the executive commissioner's designee;
836	836	(4) the commissioner of the Department of Family and
837	837	Protective Services or the commissioner's designee;
838	838	(5) the commissioner of the Department of State Health
839	839	Services or the commissioner's designee;
840	840	(6) the public safety director of the Department of
841	841	Public Safety or the director's designee;
842	842	(7) one representative from each of the following
843	843	state agencies, appointed by the chief administrative officer of
844	844	the respective agency:
845	845	(A) the Texas Workforce Commission;
846	846	(B) the Texas Department of Criminal Justice;
847	847	(C) the Texas Juvenile Justice Department;
848	848	(D) the Texas Education Agency;
849	849	(E) [(D)] the Texas Alcoholic Beverage
850	850	Commission;
851	851	(F) the [Texas] Parks and Wildlife Department;
852	852	[and]
853	853	(G) the Supreme Court of Texas Permanent Judicial
854	854	Commission for Children, Youth and Families;
855	855	(H) the Texas Department of Licensing and
856	856	Regulation;
857	857	(I) the Office of Court Administration of the
858	858	Texas Judicial System;
859	859	(J) the office of the secretary of state; and
860	860	(K) the Texas Commission on Law Enforcement; and
861	861	(8) as appointed by the attorney general:
862	862	(A) a chief public defender employed by a public
863	863	defender's office, as defined by Article 26.044(a), Code of
864	864	Criminal Procedure, or an attorney designated by the chief public
865	865	defender;
866	866	(B) an attorney representing the state;
867	867	(C) a representative of:
868	868	(i) a hotel and motel association;
869	869	(ii) a district and county attorneys
870	870	association;
871	871	(iii) a state police association; and
872	872	(iv) a statewide medical association;
873	873	(D) representatives of sheriff's departments;
874	874	(E) representatives of local law enforcement
875	875	agencies affected by human trafficking; and
876	876	(F) representatives of nongovernmental entities
877	877	making comprehensive efforts to combat human trafficking by:
878	878	(i) identifying human trafficking victims;
879	879	(ii) providing legal or other services to
880	880	human trafficking victims;
881	881	(iii) participating in community outreach
882	882	or public awareness efforts regarding human trafficking;
883	883	(iv) providing or developing training
884	884	regarding the prevention of human trafficking; or
885	885	(v) engaging in other activities designed
886	886	to prevent human trafficking.
887	887	SECTION 20. Section 402.035(d), Government Code, as amended
888	888	by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th
889	889	Legislature, Regular Session, 2015, is reenacted and amended to
890	890	read as follows:
891	891	(d) The task force shall:
892	892	(1) collaborate, as needed to fulfill the duties of
893	893	the task force, with:
894	894	(A) United States attorneys' offices [Attorneys'
895	895	Offices] for all of the federal districts of Texas; and
896	896	(B) special agents or customs and border
897	897	protection officers and border patrol agents of:
898	898	(i) the Federal Bureau of Investigation;
899	899	(ii) the United States Drug Enforcement
900	900	Administration;
901	901	(iii) the Bureau of Alcohol, Tobacco,
902	902	Firearms and Explosives;
903	903	(iv) United States Immigration and Customs
904	904	Enforcement; or
905	905	(v) the United States Department of
906	906	Homeland Security;
907	907	(2) collect, organize, and periodically publish
908	908	statistical data on the nature and extent of human trafficking in
909	909	this state, including data described by Subdivisions (4)(A), (B),
910	910	(C), (D), and (E);
911	911	(3) solicit cooperation and assistance from state and
912	912	local governmental agencies, political subdivisions of the state,
913	913	nongovernmental organizations, and other persons, as appropriate,
914	914	for the purpose of collecting and organizing statistical data under
915	915	Subdivision (2);
916	916	(4) ensure that each state or local governmental
917	917	agency and political subdivision of the state and each state or
918	918	local law enforcement agency, district attorney, or county attorney
919	919	that assists in the prevention of human trafficking collects
920	920	statistical data related to human trafficking, including, as
921	921	appropriate:
922	922	(A) the number of investigations concerning,
923	923	arrests and prosecutions for, and convictions of:
924	924	(i) the offense of trafficking of persons;
925	925	(ii) the offense of forgery or an offense
926	926	under Chapter 43, Penal Code, if the offense was committed as part
927	927	of a criminal episode involving the trafficking of persons; and
928	928	(iii) an offense punishable under Section
929	929	43.02(c-1)(3) [43.02(c)(3)], Penal Code, regardless of whether the
930	930	offense was committed as part of a criminal episode involving the
931	931	trafficking of persons;
932	932	(B) demographic information on persons who are
933	933	convicted of offenses described by Paragraph (A) and persons who
934	934	are the victims of those offenses;
935	935	(C) geographic routes by which human trafficking
936	936	victims are trafficked, including routes by which victims are
937	937	trafficked across this state's international border, and
938	938	geographic patterns in human trafficking, including the country or
939	939	state of origin and the country or state of destination;
940	940	(D) means of transportation and methods used by
941	941	persons who engage in trafficking to transport their victims; and
942	942	(E) social and economic factors that create a
943	943	demand for the labor or services that victims of human trafficking
944	944	are forced to provide;
945	945	(5) work with the Texas Commission on Law Enforcement
946	946	to develop and conduct training for law enforcement personnel,
947	947	victim service providers, and medical service providers to identify
948	948	victims of human trafficking;
949	949	(6) work with the Texas Education Agency, the
950	950	Department of Family and Protective Services, and the Health and
951	951	Human Services Commission to:
952	952	(A) develop a list of key indicators that a
953	953	person is a victim of human trafficking;
954	954	(B) develop a standardized curriculum for
955	955	training doctors, nurses, emergency medical services personnel,
956	956	teachers, school counselors, school administrators, and personnel
957	957	from the Department of Family and Protective Services and the
958	958	Health and Human Services Commission to identify and assist victims
959	959	of human trafficking;
960	960	(C) train doctors, nurses, emergency medical
961	961	services personnel, teachers, school counselors, school
962	962	administrators, and personnel from the Department of Family and
963	963	Protective Services and the Health and Human Services Commission to
964	964	identify and assist victims of human trafficking;
965	965	(D) develop and conduct training for personnel
966	966	from the Department of Family and Protective Services and the
967	967	Health and Human Services Commission on methods for identifying
968	968	children in foster care who may be at risk of becoming victims of
969	969	human trafficking; and
970	970	(E) develop a process for referring identified
971	971	human trafficking victims and individuals at risk of becoming
972	972	victims to appropriate entities for services;
973	973	(7) on the request of a judge of a county court, county
974	974	court at law, or district court or a county attorney, district
975	975	attorney, or criminal district attorney, assist and train the judge
976	976	or the judge's staff or the attorney or the attorney's staff in the
977	977	recognition and prevention of human trafficking;
978	978	(8) examine training protocols related to human
979	979	trafficking issues, as developed and implemented by federal, state,
980	980	and local law enforcement agencies;
981	981	(9) collaborate with state and local governmental
982	982	agencies, political subdivisions of the state, and nongovernmental
983	983	organizations to implement a media awareness campaign in
984	984	communities affected by human trafficking;
985	985	(10) develop recommendations on how to strengthen
986	986	state and local efforts to prevent human trafficking, protect and
987	987	assist human trafficking victims, curb markets and other economic
988	988	avenues that facilitate human trafficking and investigate and
989	989	prosecute human trafficking offenders;
990	990	(11) examine the extent to which human trafficking is
991	991	associated with the operation of sexually oriented businesses, as
992	992	defined by Section 243.002, Local Government Code, and the
993	993	workplace or public health concerns that are created by the
994	994	association of human trafficking and the operation of sexually
995	995	oriented businesses; [and]
996	996	(12) develop recommendations for addressing the
997	997	demand for forced labor or services or sexual conduct involving
998	998	victims of human trafficking, including recommendations for
999	999	increased penalties for individuals who engage or attempt to engage
1000	1000	in prostitution with victims younger than 18 years of age; and
1001	1001	(13) [(12)] identify and report to the governor and
1002	1002	legislature on laws, licensure requirements, or other regulations
1003	1003	that can be passed at the state and local level to curb trafficking
1004	1004	using the Internet and in sexually oriented businesses.
1005	1005	SECTION 21. Section 81.046(d), Health and Safety Code, is
1006	1006	amended to read as follows:
1007	1007	(d) In a case of sexually transmitted disease involving a
1008	1008	minor under 14 [13] years of age, information may not be released,
1009	1009	except that the child's name, age, and address and the name of the
1010	1010	disease may be released to appropriate agents as required by
1011	1011	Chapter 261, Family Code. This subsection does not affect a
1012	1012	person's duty to report child abuse or neglect under Subchapter B,
1013	1013	Chapter 261, Family Code, except that information made confidential
1014	1014	by this chapter may not be released. If that information is
1015	1015	required in a court proceeding involving child abuse, the
1016	1016	information shall be disclosed in camera.
1017	1017	SECTION 22. Section 20A.02(b), Penal Code, is amended to
1018	1018	read as follows:
1019	1019	(b) Except as otherwise provided by this subsection, an
1020	1020	offense under this section is a felony of the second degree. An
1021	1021	offense under this section is a felony of the first degree if:
1022	1022	(1) the applicable conduct constitutes an offense
1023	1023	under Subsection (a)(5), (6), (7), or (8), regardless of whether
1024	1024	the actor knows the age of the child at the time of [the actor
1025	1025	commits] the offense; or
1026	1026	(2) the commission of the offense results in the death
1027	1027	of the person who is trafficked.
1028	1028	SECTION 23. Section 21.02(b), Penal Code, is amended to
1029	1029	read as follows:
1030	1030	(b) A person commits an offense if:
1031	1031	(1) during a period that is 30 or more days in
1032	1032	duration, the person commits two or more acts of sexual abuse,
1033	1033	regardless of whether the acts of sexual abuse are committed
1034	1034	against one or more victims; and
1035	1035	(2) at the time of the commission of each of the acts
1036	1036	of sexual abuse, the actor is 17 years of age or older and the victim
1037	1037	is a child younger than 14 years of age, regardless of whether the
1038	1038	actor knows the age of the victim at the time of the offense.
1039	1039	SECTION 24. Section 21.11(a), Penal Code, is amended to
1040	1040	read as follows:
1041	1041	(a) A person commits an offense if, with a child younger
1042	1042	than 17 years of age, whether the child is of the same or opposite
1043	1043	sex and regardless of whether the person knows the age of the child
1044	1044	at the time of the offense, the person:
1045	1045	(1) engages in sexual contact with the child or causes
1046	1046	the child to engage in sexual contact; or
1047	1047	(2) with intent to arouse or gratify the sexual desire
1048	1048	of any person:
1049	1049	(A) exposes the person's anus or any part of the
1050	1050	person's genitals, knowing the child is present; or
1051	1051	(B) causes the child to expose the child's anus
1052	1052	or any part of the child's genitals.
1053	1053	SECTION 25. Section 22.011(a), Penal Code, is amended to
1054	1054	read as follows:
1055	1055	(a) A person commits an offense if [the person]:
1056	1056	(1) the person intentionally or knowingly:
1057	1057	(A) causes the penetration of the anus or sexual
1058	1058	organ of another person by any means, without that person's
1059	1059	consent;
1060	1060	(B) causes the penetration of the mouth of
1061	1061	another person by the sexual organ of the actor, without that
1062	1062	person's consent; or
1063	1063	(C) causes the sexual organ of another person,
1064	1064	without that person's consent, to contact or penetrate the mouth,
1065	1065	anus, or sexual organ of another person, including the actor; or
1066	1066	(2) regardless of whether the person knows the age of
1067	1067	the child at the time of the offense, the person intentionally or
1068	1068	knowingly:
1069	1069	(A) causes the penetration of the anus or sexual
1070	1070	organ of a child by any means;
1071	1071	(B) causes the penetration of the mouth of a
1072	1072	child by the sexual organ of the actor;
1073	1073	(C) causes the sexual organ of a child to contact
1074	1074	or penetrate the mouth, anus, or sexual organ of another person,
1075	1075	including the actor;
1076	1076	(D) causes the anus of a child to contact the
1077	1077	mouth, anus, or sexual organ of another person, including the
1078	1078	actor; or
1079	1079	(E) causes the mouth of a child to contact the
1080	1080	anus or sexual organ of another person, including the actor.
1081	1081	SECTION 26. Section 22.021(a), Penal Code, is amended to
1082	1082	read as follows:
1083	1083	(a) A person commits an offense:
1084	1084	(1) if the person:
1085	1085	(A) intentionally or knowingly:
1086	1086	(i) causes the penetration of the anus or
1087	1087	sexual organ of another person by any means, without that person's
1088	1088	consent;
1089	1089	(ii) causes the penetration of the mouth of
1090	1090	another person by the sexual organ of the actor, without that
1091	1091	person's consent; or
1092	1092	(iii) causes the sexual organ of another
1093	1093	person, without that person's consent, to contact or penetrate the
1094	1094	mouth, anus, or sexual organ of another person, including the
1095	1095	actor; or
1096	1096	(B) regardless of whether the person knows the
1097	1097	age of the child at the time of the offense, intentionally or
1098	1098	knowingly:
1099	1099	(i) causes the penetration of the anus or
1100	1100	sexual organ of a child by any means;
1101	1101	(ii) causes the penetration of the mouth of
1102	1102	a child by the sexual organ of the actor;
1103	1103	(iii) causes the sexual organ of a child to
1104	1104	contact or penetrate the mouth, anus, or sexual organ of another
1105	1105	person, including the actor;
1106	1106	(iv) causes the anus of a child to contact
1107	1107	the mouth, anus, or sexual organ of another person, including the
1108	1108	actor; or
1109	1109	(v) causes the mouth of a child to contact
1110	1110	the anus or sexual organ of another person, including the actor; and
1111	1111	(2) if:
1112	1112	(A) the person:
1113	1113	(i) causes serious bodily injury or
1114	1114	attempts to cause the death of the victim or another person in the
1115	1115	course of the same criminal episode;
1116	1116	(ii) by acts or words places the victim in
1117	1117	fear that any person will become the victim of an offense under
1118	1118	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
1119	1119	bodily injury, or kidnapping will be imminently inflicted on any
1120	1120	person;
1121	1121	(iii) by acts or words occurring in the
1122	1122	presence of the victim threatens to cause any person to become the
1123	1123	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
1124	1124	to cause the death, serious bodily injury, or kidnapping of any
1125	1125	person;
1126	1126	(iv) uses or exhibits a deadly weapon in the
1127	1127	course of the same criminal episode;
1128	1128	(v) acts in concert with another who
1129	1129	engages in conduct described by Subdivision (1) directed toward the
1130	1130	same victim and occurring during the course of the same criminal
1131	1131	episode; or
1132	1132	(vi) administers or provides
1133	1133	flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
1134	1134	or ketamine to the victim of the offense with the intent of
1135	1135	facilitating the commission of the offense;
1136	1136	(B) the victim is younger than 14 years of age,
1137	1137	regardless of whether the person knows the age of the victim at the
1138	1138	time of the offense; or
1139	1139	(C) the victim is an elderly individual or a
1140	1140	disabled individual.
1141	1141	SECTION 27. Section 43.01, Penal Code, is amended by adding
1142	1142	Subdivision (1-a) to read as follows:
1143	1143	(1-a) "Fee" means the payment or offer of payment in
1144	1144	the form of money, goods, services, or other benefit.
1145	1145	SECTION 28. Sections 43.02(a) and (b), Penal Code, are
1146	1146	amended to read as follows:
1147	1147	(a) A person commits an offense if[, in return for receipt
1148	1148	of a fee,] the person knowingly offers or agrees to receive a fee
1149	1149	from another to engage in sexual conduct[:
1150	1150	[(1) offers to engage, agrees to engage, or engages in
1151	1151	sexual conduct; or
1152	1152	[(2) solicits another in a public place to engage with
1153	1153	the actor in sexual conduct for hire].
1154	1154	(b) A person commits an offense if[, based on the payment of
1155	1155	a fee by the actor or another person on behalf of the actor,] the
1156	1156	person knowingly offers or agrees to pay a fee to another person for
1157	1157	the purpose of engaging in sexual conduct with that person or
1158	1158	another[:
1159	1159	[(1) offers to engage, agrees to engage, or engages in
1160	1160	sexual conduct; or
1161	1161	[(2) solicits another in a public place to engage with
1162	1162	the actor in sexual conduct for hire].
1163	1163	SECTION 29. Section 43.02, Penal Code, as amended by
1164	1164	Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
1165	1165	Legislature, Regular Session, 2015, is amended by reenacting
1166	1166	Subsection (c) and reenacting and amending Subsection (c-1) to read
1167	1167	as follows:
1168	1168	(c) An offense under Subsection (a) is a Class B
1169	1169	misdemeanor, except that the offense is:
1170	1170	(1) a Class A misdemeanor if the actor has previously
1171	1171	been convicted one or two times of an offense under Subsection (a);
1172	1172	or
1173	1173	(2) a state jail felony if the actor has previously
1174	1174	been convicted three or more times of an offense under Subsection
1175	1175	(a).
1176	1176	(c-1) An offense under Subsection (b) is a Class B
1177	1177	misdemeanor, except that the offense is:
1178	1178	(1) a Class A misdemeanor if the actor has previously
1179	1179	been convicted one or two times of an offense under Subsection (b);
1180	1180	(2) a state jail felony if the actor has previously
1181	1181	been convicted three or more times of an offense under Subsection
1182	1182	(b); or
1183	1183	(3) a felony of the second degree if the person with
1184	1184	whom the actor agrees to engage in sexual conduct [solicited] is:
1185	1185	(A) younger than 18 years of age, regardless of
1186	1186	whether the actor knows the age of the person [solicited] at the
1187	1187	time of [the actor commits] the offense;
1188	1188	(B) represented to the actor as being younger
1189	1189	than 18 years of age; or
1190	1190	(C) believed by the actor to be younger than 18
1191	1191	years of age.
1192	1192	SECTION 30. Section 43.03(b), Penal Code, is amended to
1193	1193	read as follows:
1194	1194	(b) An offense under this section is a state jail felony
1195	1195	[Class A misdemeanor], except that the offense is:
1196	1196	(1) a felony of the third degree [state jail felony] if
1197	1197	the actor has been previously convicted of an offense under this
1198	1198	section; or
1199	1199	(2) a felony of the second degree if the actor engages
1200	1200	in conduct described by Subsection (a)(1) or (2) involving a person
1201	1201	younger than 18 years of age engaging in prostitution, regardless
1202	1202	of whether the actor knows the age of the person at the time of [the
1203	1203	actor commits] the offense.
1204	1204	SECTION 31. Section 43.04(b), Penal Code, is amended to
1205	1205	read as follows:
1206	1206	(b) An offense under this section is a felony of the second
1207	1207	[third] degree, except that the offense is a felony of the first
1208	1208	degree if the prostitution enterprise uses as a prostitute one or
1209	1209	more persons younger than 18 years of age, regardless of whether the
1210	1210	actor knows the age of the person at the time of [the actor commits]
1211	1211	the offense.
1212	1212	SECTION 32. Section 43.05(a), Penal Code, is amended to
1213	1213	read as follows:
1214	1214	(a) A person commits an offense if the person knowingly:
1215	1215	(1) causes another by force, threat, or fraud to
1216	1216	commit prostitution; or
1217	1217	(2) causes by any means a child younger than 18 years
1218	1218	to commit prostitution, regardless of whether the actor knows the
1219	1219	age of the child at the time of [the actor commits] the offense.
1220	1220	SECTION 33. Section 43.25, Penal Code, is amended by
1221	1221	amending Subsections (c) and (e) and adding Subsection (h) to read
1222	1222	as follows:
1223	1223	(c) An offense under Subsection (b) is a felony of the
1224	1224	second degree, except that the offense is a felony of the first
1225	1225	degree if the victim is younger than 14 years of age at the time the
1226	1226	offense is committed, regardless of whether the actor knows the age
1227	1227	of the victim at the time of the offense.
1228	1228	(e) An offense under Subsection (d) is a felony of the third
1229	1229	degree, except that the offense is a felony of the second degree if
1230	1230	the victim is younger than 14 years of age at the time the offense is
1231	1231	committed, regardless of whether the actor knows the age of the
1232	1232	victim at the time of the offense.
1233	1233	(h) Conduct under this section constitutes an offense
1234	1234	regardless of whether the actor knows the age of the victim at the
1235	1235	time of the offense.
1236	1236	SECTION 34. Section 43.251, Penal Code, is amended by
1237	1237	amending Subsection (c) and adding Subsection (d) to read as
1238	1238	follows:
1239	1239	(c) An offense under this section is a felony of the second
1240	1240	degree, except that the offense is a felony of the first degree if
1241	1241	the child is younger than 14 years of age at the time the offense is
1242	1242	committed, regardless of whether the actor knows the age of the
1243	1243	child at the time of the offense.
1244	1244	(d) Conduct under this section constitutes an offense
1245	1245	regardless of whether the actor knows the age of the child at the
1246	1246	time of the offense.
1247	1247	SECTION 35. The following laws are repealed:
1248	1248	(1) Section 402.035(h), Government Code; and
1249	1249	(2) Section 43.02(b-1), Penal Code.
1250	1250	SECTION 36. (a) Except as provided by Subsection (b) of
1251	1251	this section, the changes in law made by this Act apply only to an
1252	1252	offense committed on or after the effective date of this Act. An
1253	1253	offense committed before the effective date of this Act is governed
1254	1254	by the law in effect on the date the offense was committed, and the
1255	1255	former law is continued in effect for that purpose. For purposes of
1256	1256	this subsection, an offense was committed before the effective date
1257	1257	of this Act if any element of the offense occurred before that date.
1258	1258	(b) The changes in law made by this Act in amending Chapter
1259	1259	62, Code of Criminal Procedure, apply only to a person who is
1260	1260	required to register under Chapter 62, Code of Criminal Procedure,
1261	1261	on the basis of a conviction or adjudication for or based on an
1262	1262	offense committed on or after the effective date of this Act. A
1263	1263	person who is required to register under Chapter 62, Code of
1264	1264	Criminal Procedure, solely on the basis of a conviction or
1265	1265	adjudication for or based on an offense committed before the
1266	1266	effective date of this Act is governed by the law in effect on the
1267	1267	date the offense was committed, and the former law is continued in
1268	1268	effect for that purpose. For purposes of this subsection, an
1269	1269	offense was committed before the effective date of this Act if any
1270	1270	element of the offense occurred before that date.
1271	1271	SECTION 37. (a) Not later than December 1, 2017, the Texas
1272	1272	Higher Education Coordinating Board shall adopt rules necessary to
1273	1273	implement Section 130.0105, Education Code, as added by this Act.
1274	1274	(b) Not later than December 1, 2017, the Texas Workforce
1275	1275	Commission shall adopt rules necessary to implement Section
1276	1276	132.006, Education Code, as added by this Act.
1277	1277	SECTION 38. To the extent of any conflict, this Act prevails
1278	1278	over another Act of the 85th Legislature, Regular Session, 2017,
1279	1279	relating to nonsubstantive additions to and corrections in enacted
1280	1280	codes.
1281	1281	SECTION 39. This Act takes effect September 1, 2017.