Texas 2019 - 86th Regular

Texas House Bill HB15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R17484 JSC-F
2		-	By: Thompson of Harris, Krause, Collier, H.B. No. 15
3		-	White, Davis of Dallas, et al.
4		-	Substitute the following for H.B. No. 15:
5		-	By: Moody C.S.H.B. No. 15
	1	+	86R6165 JSC-F
	2	+	By: Thompson of Harris H.B. No. 15
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to the prevention of, prosecution of, penalties for, and
11		-	other consequences of prostitution, trafficking of persons, and
12		-	related criminal offenses and to orders of nondisclosure for
	7	+	relating to the prosecution of, penalties for, and other
	8	+	consequences of prostitution, trafficking of persons, and related
	9	+	criminal offenses, the admissibility of evidence in the
	10	+	prosecutions of those offenses, and orders of nondisclosure for
13	11		persons who committed certain of those offenses; regulating
14	12		occupations and property to prevent and respond to those criminal
15	13		offenses, including requiring a student occupational permit for
16	14		those purposes; authorizing fees; increasing criminal penalties;
17	15		creating criminal offenses.
18	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19	17		ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF
20	18		PERSONS
21	19		SECTION 1.01. Section 20A.01, Penal Code, is amended by
22	20		adding Subdivision (1-a) to read as follows:
23	21		(1-a) "Coercion" as defined by Section 1.07 includes
24	22		destroying, concealing, confiscating, or withholding from a
25	23		person, or threatening to destroy, conceal, confiscate, or withhold
26	24		from a person, the person's actual or purported:
27	25		(A) government records; or
28	26		(B) identifying information or documents.
29	27		SECTION 1.02. Section 3.03(b), Penal Code, is amended to
30	28		read as follows:
31	29		(b) If the accused is found guilty of more than one offense
32	30		arising out of the same criminal episode, the sentences may run
33	31		concurrently or consecutively if each sentence is for a conviction
34	32		of:
35	33		(1) an offense:
36	34		(A) under Section 49.07 or 49.08, regardless of
37	35		whether the accused is convicted of violations of the same section
38	36		more than once or is convicted of violations of both sections; or
39	37		(B) for which a plea agreement was reached in a
40	38		case in which the accused was charged with more than one offense
41	39		listed in Paragraph (A), regardless of whether the accused is
42	40		charged with violations of the same section more than once or is
43	41		charged with violations of both sections;
44	42		(2) an offense:
45	43		(A) under Section 33.021 or an offense under
46	44		Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
47	45		against a victim younger than 17 years of age at the time of the
48	46		commission of the offense regardless of whether the accused is
49	47		convicted of violations of the same section more than once or is
50	48		convicted of violations of more than one section; or
51	49		(B) for which a plea agreement was reached in a
52	50		case in which the accused was charged with more than one offense
53	51		listed in Paragraph (A) committed against a victim younger than 17
54	52		years of age at the time of the commission of the offense regardless
55	53		of whether the accused is charged with violations of the same
56	54		section more than once or is charged with violations of more than
57	55		one section;
58	56		(3) an offense:
59	57		(A) under Section 21.15 or 43.26, regardless of
60	58		whether the accused is convicted of violations of the same section
61	59		more than once or is convicted of violations of both sections; or
62	60		(B) for which a plea agreement was reached in a
63	61		case in which the accused was charged with more than one offense
64	62		listed in Paragraph (A), regardless of whether the accused is
65	63		charged with violations of the same section more than once or is
66	64		charged with violations of both sections;
67	65		(4) an offense for which the judgment in the case
68	66		contains an affirmative finding under Article 42.0197, Code of
69	67		Criminal Procedure;
70	68		(5) an offense:
71	69		(A) under Section 20A.02, 20A.03, or 43.05,
72	70		regardless of whether the accused is convicted of violations of the
73	71		same section more than once or is convicted of violations of more
74	72		than one section [both sections]; or
75	73		(B) for which a plea agreement was reached in a
76	74		case in which the accused was charged with more than one offense
77	75		listed in Paragraph (A), regardless of whether the accused is
78	76		charged with violations of the same section more than once or is
79	77		charged with violations of more than one section [both sections];
80	78		or
81	79		(6) an offense:
82	80		(A) under Section 22.04(a)(1) or (2) or Section
83	81		22.04(a-1)(1) or (2) that is punishable as a felony of the first
84	82		degree, regardless of whether the accused is convicted of
85	83		violations of the same section more than once or is convicted of
86	84		violations of more than one section; or
87	85		(B) for which a plea agreement was reached in a
88	86		case in which the accused was charged with more than one offense
89	87		listed in Paragraph (A) and punishable as described by that
90	88		paragraph, regardless of whether the accused is charged with
91	89		violations of the same section more than once or is charged with
92	90		violations of more than one section.
93		-	SECTION 1.03. The following provisions are repealed:
94		-	(1) Section 402.035(h), Government Code, as amended by
95		-	Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular
96		-	Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the
97		-	85th Legislature, Regular Session, 2017; and
98		-	(2) Section 20A.02(a-1), Penal Code.
	91	+	SECTION 1.03. Section 20A.02(a-1), Penal Code, is repealed.
99	92		SECTION 1.04. The change in law made by this article applies
100	93		only to an offense committed on or after the effective date of this
101	94		Act. An offense committed before the effective date of this Act is
102	95		governed by the law in effect on the date the offense was committed,
103	96		and the former law is continued in effect for that purpose. For
104	97		purposes of this section, an offense was committed before the
105	98		effective date of this Act if any element of the offense was
106	99		committed before that date.
107	100		ARTICLE 2. PENALTIES FOR PROSTITUTION
108	101		SECTION 2.01. Subchapter K, Chapter 42A, Code of Criminal
109	102		Procedure, is amended by adding Article 42A.515 to read as follows:
110	103		Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN
111	104		PROSTITUTION OFFENSES. (a) Except as provided by Subsection (e),
112	105		on a defendant's conviction of a Class B misdemeanor under Section
113	106		43.02(a), Penal Code, the judge shall suspend imposition of the
114	107		sentence and place the defendant on community supervision.
115	108		(b) Except as provided by Subsection (e), on a defendant's
116	109		conviction of a state jail felony under Section 43.02(c)(2), Penal
117	110		Code, that is punished under Section 12.35(a), Penal Code, the
118	111		judge shall suspend the imposition of the sentence and place the
119	112		defendant on community supervision. This subsection does not apply
120	113		to a defendant who has previously been convicted of any other state
121	114		jail felony under Section 43.02(c)(2), Penal Code, that is punished
122	115		under Section 12.35, Penal Code.
123	116		(c) A judge who places a defendant on community supervision
124	117		under Subsection (a) or (b) shall require as a condition of
125	118		community supervision that the defendant participate in a
126	119		commercially sexually exploited persons court program established
127	120		under Chapter 126, Government Code, if a program has been
128	121		established for the county or municipality where the defendant
129	122		resides. Sections 126.002(b) and (c), Government Code, do not apply
130	123		with respect to a defendant required to participate in the court
131	124		program under this subsection.
132	125		(d) A judge who requires a defendant to participate in a
133	126		commercially sexually exploited persons court program under
134	127		Subsection (c) may suspend in whole or in part the imposition of the
135	128		program fee described by Section 126.006, Government Code.
136	129		(e) In any case in which the jury assesses punishment, the
137	130		judge must follow the recommendations of the jury in suspending the
138	131		imposition of a sentence or ordering a sentence to be executed. If
139	132		a jury assessing punishment does not recommend community
140	133		supervision, the judge must order the sentence to be executed in
141	134		whole.
142	135		(f) The judge may suspend in whole or in part the imposition
143	136		of any fine imposed on conviction.
144	137		SECTION 2.02. Article 42A.551(d), Code of Criminal
145	138		Procedure, is amended to read as follows:
146	139		(d) On conviction of a state jail felony punished under
147	140		Section 12.35(a), Penal Code, other than a state jail felony listed
148	141		in Subsection (a) or to which Article 42A.515 applies, subject to
149	142		Subsection (e), the judge may:
150	143		(1) suspend the imposition of the sentence and place
151	144		the defendant on community supervision; or
152	145		(2) order the sentence to be executed:
153	146		(A) in whole; or
154	147		(B) in part, with a period of community
155	148		supervision to begin immediately on release of the defendant from
156	149		confinement.
157	150		SECTION 2.03. Article 62.001(5), Code of Criminal
158	151		Procedure, is amended to read as follows:
159	152		(5) "Reportable conviction or adjudication" means a
160	153		conviction or adjudication, including an adjudication of
161	154		delinquent conduct or a deferred adjudication, that, regardless of
162	155		the pendency of an appeal, is a conviction for or an adjudication
163	156		for or based on:
164	157		(A) a violation of Section 21.02 (Continuous
165	158		sexual abuse of young child or children), 21.09 (Bestiality), 21.11
166	159		(Indecency with a child), 22.011 (Sexual assault), 22.021
167	160		(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
168	161		Penal Code;
169	162		(B) a violation of Section 43.05 (Compelling
170	163		prostitution), 43.25 (Sexual performance by a child), or 43.26
171	164		(Possession or promotion of child pornography), Penal Code;
172	165		(B-1) a violation of Section 43.02
173	166		(Prostitution), Penal Code, if the offense is punishable under
174	167		Subsection (c-1)(2) [(c-1)(3)] of that section;
175	168		(C) a violation of Section 20.04(a)(4)
176	169		(Aggravated kidnapping), Penal Code, if the actor committed the
177	170		offense or engaged in the conduct with intent to violate or abuse
178	171		the victim sexually;
179	172		(D) a violation of Section 30.02 (Burglary),
180	173		Penal Code, if the offense or conduct is punishable under
181	174		Subsection (d) of that section and the actor committed the offense
182	175		or engaged in the conduct with intent to commit a felony listed in
183	176		Paragraph (A) or (C);
184	177		(E) a violation of Section 20.02 (Unlawful
185	178		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
186	179		Penal Code, if, as applicable:
187	180		(i) the judgment in the case contains an
188	181		affirmative finding under Article 42.015; or
189	182		(ii) the order in the hearing or the papers
190	183		in the case contain an affirmative finding that the victim or
191	184		intended victim was younger than 17 years of age;
192	185		(F) the second violation of Section 21.08
193	186		(Indecent exposure), Penal Code, but not if the second violation
194	187		results in a deferred adjudication;
195	188		(G) an attempt, conspiracy, or solicitation, as
196	189		defined by Chapter 15, Penal Code, to commit an offense or engage in
197	190		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
198	191		(H) a violation of the laws of another state,
199	192		federal law, the laws of a foreign country, or the Uniform Code of
200	193		Military Justice for or based on the violation of an offense
201	194		containing elements that are substantially similar to the elements
202	195		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
203	196		(G), (J), (K), or (L), but not if the violation results in a
204	197		deferred adjudication;
205	198		(I) the second violation of the laws of another
206	199		state, federal law, the laws of a foreign country, or the Uniform
207	200		Code of Military Justice for or based on the violation of an offense
208	201		containing elements that are substantially similar to the elements
209	202		of the offense of indecent exposure, but not if the second violation
210	203		results in a deferred adjudication;
211	204		(J) a violation of Section 33.021 (Online
212	205		solicitation of a minor), Penal Code;
213	206		(K) a violation of Section 20A.02(a)(3), (4),
214	207		(7), or (8) (Trafficking of persons), Penal Code; or
215	208		(L) a violation of Section 20A.03 (Continuous
216	209		trafficking of persons), Penal Code, if the offense is based partly
217	210		or wholly on conduct that constitutes an offense under Section
218	211		20A.02(a)(3), (4), (7), or (8) of that code.
219	212		SECTION 2.04. Section 402.035(d), Government Code, is
220	213		amended to read as follows:
221	214		(d) The task force shall:
222	215		(1) collaborate, as needed to fulfill the duties of
223	216		the task force, with:
224	217		(A) United States attorneys' offices for all of
225	218		the federal districts of Texas; and
226	219		(B) special agents or customs and border
227	220		protection officers and border patrol agents of:
228	221		(i) the Federal Bureau of Investigation;
229	222		(ii) the United States Drug Enforcement
230	223		Administration;
231	224		(iii) the Bureau of Alcohol, Tobacco,
232	225		Firearms and Explosives;
233	226		(iv) United States Immigration and Customs
234	227		Enforcement; or
235	228		(v) the United States Department of
236	229		Homeland Security;
237	230		(2) collect, organize, and periodically publish
238	231		statistical data on the nature and extent of human trafficking in
239	232		this state, including data described by Subdivisions (4)(A), (B),
240	233		(C), (D), and (E);
241	234		(3) solicit cooperation and assistance from state and
242	235		local governmental agencies, political subdivisions of the state,
243	236		nongovernmental organizations, and other persons, as appropriate,
244	237		for the purpose of collecting and organizing statistical data under
245	238		Subdivision (2);
246	239		(4) ensure that each state or local governmental
247	240		agency and political subdivision of the state and each state or
248	241		local law enforcement agency, district attorney, or county attorney
249	242		that assists in the prevention of human trafficking collects
250	243		statistical data related to human trafficking, including, as
251	244		appropriate:
252	245		(A) the number of investigations concerning,
253	246		arrests and prosecutions for, and convictions of:
254	247		(i) the offense of trafficking of persons;
255	248		(ii) the offense of forgery or an offense
256	249		under Chapter 43, Penal Code, if the offense was committed as part
257	250		of a criminal episode involving the trafficking of persons; and
258	251		(iii) an offense punishable under Section
259	252		43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
260	253		the offense was committed as part of a criminal episode involving
261	254		the trafficking of persons;
262	255		(B) demographic information on persons who are
263	256		convicted of offenses described by Paragraph (A) and persons who
264	257		are the victims of those offenses;
265	258		(C) geographic routes by which human trafficking
266	259		victims are trafficked, including routes by which victims are
267	260		trafficked across this state's international border, and
268	261		geographic patterns in human trafficking, including the country or
269	262		state of origin and the country or state of destination;
270	263		(D) means of transportation and methods used by
271	264		persons who engage in trafficking to transport their victims; and
272	265		(E) social and economic factors that create a
273	266		demand for the labor or services that victims of human trafficking
274	267		are forced to provide;
275	268		(5) work with the Texas Commission on Law Enforcement
276	269		to develop and conduct training for law enforcement personnel,
277	270		victim service providers, and medical service providers to identify
278	271		victims of human trafficking;
279	272		(6) work with the Texas Education Agency, the
280	273		Department of Family and Protective Services, and the Health and
281	274		Human Services Commission to:
282	275		(A) develop a list of key indicators that a
283	276		person is a victim of human trafficking;
284	277		(B) develop a standardized curriculum for
285	278		training doctors, nurses, emergency medical services personnel,
286	279		teachers, school counselors, school administrators, and personnel
287	280		from the Department of Family and Protective Services and the
288	281		Health and Human Services Commission to identify and assist victims
289	282		of human trafficking;
290	283		(C) train doctors, nurses, emergency medical
291	284		services personnel, teachers, school counselors, school
292	285		administrators, and personnel from the Department of Family and
293	286		Protective Services and the Health and Human Services Commission to
294	287		identify and assist victims of human trafficking;
295	288		(D) develop and conduct training for personnel
296	289		from the Department of Family and Protective Services and the
297	290		Health and Human Services Commission on methods for identifying
298	291		children in foster care who may be at risk of becoming victims of
299	292		human trafficking; and
300	293		(E) develop a process for referring identified
301	294		human trafficking victims and individuals at risk of becoming
302	295		victims to appropriate entities for services;
303	296		(7) on the request of a judge of a county court, county
304	297		court at law, or district court or a county attorney, district
305	298		attorney, or criminal district attorney, assist and train the judge
306	299		or the judge's staff or the attorney or the attorney's staff in the
307	300		recognition and prevention of human trafficking;
308	301		(8) examine training protocols related to human
309	302		trafficking issues, as developed and implemented by federal, state,
310	303		and local law enforcement agencies;
311	304		(9) collaborate with state and local governmental
312	305		agencies, political subdivisions of the state, and nongovernmental
313	306		organizations to implement a media awareness campaign in
314	307		communities affected by human trafficking;
315	308		(10) develop recommendations on how to strengthen
316	309		state and local efforts to prevent human trafficking, protect and
317	310		assist human trafficking victims, curb markets and other economic
318	311		avenues that facilitate human trafficking and investigate and
319	312		prosecute human trafficking offenders;
320	313		(11) examine the extent to which human trafficking is
321	314		associated with the operation of sexually oriented businesses, as
322	315		defined by Section 243.002, Local Government Code, and the
323	316		workplace or public health concerns that are created by the
324	317		association of human trafficking and the operation of sexually
325	318		oriented businesses;
326	319		(12) develop recommendations for addressing the
327	320		demand for forced labor or services or sexual conduct involving
328	321		victims of human trafficking, including recommendations for
329	322		increased penalties for individuals who engage or attempt to engage
330	323		in prostitution with victims younger than 18 years of age; and
331	324		(13) identify and report to the governor and
332	325		legislature on laws, licensure requirements, or other regulations
333	326		that can be passed at the state and local level to curb trafficking
334	327		using the Internet and in sexually oriented businesses.
335	328		SECTION 2.05. Section 43.02(c-1), Penal Code, is amended to
336	329		read as follows:
337	330		(c-1) An offense under Subsection (b) is a Class A [B]
338	331		misdemeanor, except that the offense is:
339	332		(1) [a Class A misdemeanor if the actor has previously
340	333		been convicted one or two times of an offense under Subsection (b);
341	334		[(2)] a state jail felony if the actor has previously
342	335		been convicted [three or more times] of an offense under Subsection
343	336		(b); or
344	337		(2) [(3)] a felony of the second degree if the person
345	338		with whom the actor agrees to engage in sexual conduct is:
346	339		(A) younger than 18 years of age, regardless of
347	340		whether the actor knows the age of the person at the time of the
348	341		offense;
349	342		(B) represented to the actor as being younger
350	343		than 18 years of age; or
351	344		(C) believed by the actor to be younger than 18
352	345		years of age.
353	346		SECTION 2.06. The change in law made by this article applies
354	347		only to an offense committed on or after the effective date of this
355	348		Act. An offense committed before the effective date of this Act is
356	349		governed by the law in effect on the date the offense was committed,
357	350		and the former law is continued in effect for that purpose. For
358	351		purposes of this section, an offense was committed before the
359	352		effective date of this Act if any element of the offense occurred
360	353		before that date.
361	354		ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
362	355		SECTION 3.01. Section 43.01, Penal Code, is amended by
363	356		adding Subdivisions (1-b) and (1-c) to read as follows:
364	357		(1-b) "Interactive computer service" means any
365	358		information service, system, or access software provider that
366	359		provides or enables computer access to a computer server by
367	360		multiple users, including a service or system that provides access
368	361		to the Internet or a system operated or service offered by a library
369	362		or educational institution.
370	363		(1-c) "Internet" means the international computer
371	364		network of both federal and nonfederal interoperable packet
372	365		switched data networks.
373	366		SECTION 3.02. Subchapter A, Chapter 43, Penal Code, is
374	367		amended by adding Sections 43.031 and 43.041 to read as follows:
375	368		Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A
376	369		person commits an offense if the person owns, manages, or operates
377	370		an interactive computer service with the intent to promote the
378	371		prostitution of another person or facilitate another person to
379	372		engage in prostitution.
380	373		(b) An offense under this section is a felony of the third
381	374		degree, except that the offense is a felony of the second degree if
382	375		the actor:
383	376		(1) has been previously convicted of an offense under
384	377		this section or Section 43.041; or
385	378		(2) engages in conduct described by Subsection (a)
386	379		involving a person younger than 18 years of age engaging in
387	380		prostitution, regardless of whether the actor knows the age of the
388	381		person at the time of the offense.
389	382		Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.
390	383		(a) A person commits an offense if the person owns, manages, or
391	384		operates an interactive computer service with the intent to promote
392	385		the prostitution of five or more persons or facilitate five or more
393	386		persons to engage in prostitution.
394	387		(b) An offense under this section is a felony of the second
395	388		degree, except that the offense is a felony of the first degree if
396	389		the actor:
397	390		(1) has been previously convicted of an offense under
398	391		this section; or
399	392		(2) engages in conduct described by Subsection (a)
400	393		involving two or more persons younger than 18 years of age engaging
401	394		in prostitution, regardless of whether the actor knows the age of
402	395		the persons at the time of the offense.
403	396		SECTION 3.03. Section 98A.001, Civil Practice and Remedies
404	397		Code, is amended by adding Subdivisions (1-a) and (4-a) to read as
405	398		follows:
406	399		(1-a) "Aggravated online promotion of prostitution"
407	400		means conduct that constitutes an offense under Section 43.041,
408	401		Penal Code.
409	402		(4-a) "Online promotion of prostitution" means
410	403		conduct that constitutes an offense under Section 43.031, Penal
411	404		Code.
412	405		SECTION 3.04. Section 98A.002(a), Civil Practice and
413	406		Remedies Code, is amended to read as follows:
414	407		(a) A defendant is liable to a victim of compelled
415	408		prostitution, as provided by this chapter, for damages arising from
416	409		the compelled prostitution if the defendant:
417	410		(1) engages in compelling prostitution with respect to
418	411		the victim;
419	412		(2) knowingly or intentionally engages in promotion of
420	413		prostitution, online promotion of prostitution, aggravated
421	414		promotion of prostitution, or aggravated online promotion of
422	415		prostitution that results in compelling prostitution with respect
423	416		to the victim; or
424	417		(3) purchases an advertisement that the defendant
425	418		knows or reasonably should know constitutes promotion of
426	419		prostitution or aggravated promotion of prostitution, and the
427	420		publication of the advertisement results in compelling
428	421		prostitution with respect to the victim.
429	422		SECTION 3.05. Article 18A.101, Code of Criminal Procedure,
430	423		is amended to read as follows:
431	424		Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
432	425		ISSUED. A judge of competent jurisdiction may issue an
433	426		interception order only if the prosecutor applying for the order
434	427		shows probable cause to believe that the interception will provide
435	428		evidence of the commission of:
436	429		(1) a felony under any of the following provisions of
437	430		the Health and Safety Code:
438	431		(A) Chapter 481, other than felony possession of
439	432		marihuana;
440	433		(B) Chapter 483; or
441	434		(C) Section 485.032;
442	435		(2) an offense under any of the following provisions
443	436		of the Penal Code:
444	437		(A) Section 19.02;
445	438		(B) Section 19.03;
446	439		(C) Section 20.03;
447	440		(D) Section 20.04;
448	441		(E) Chapter 20A;
449	442		(F) Chapter 34, if the criminal activity giving
450	443		rise to the proceeds involves the commission of an offense under
451	444		Title 5, Penal Code, or an offense under federal law or the laws of
452	445		another state containing elements that are substantially similar to
453	446		the elements of an offense under Title 5;
454	447		(G) Section 38.11;
455	448		(H) Section 43.04;
456	449		(I) Section 43.041;
457	450		(J) Section 43.05; or
458	451		(K) [(J)] Section 43.26; or
459	452		(3) an attempt, conspiracy, or solicitation to commit
460	453		an offense listed in Subdivision (1) or (2).
461	454		SECTION 3.06. Article 56.32(a)(14), Code of Criminal
462	455		Procedure, is amended to read as follows:
463	456		(14) "Trafficking of persons" means any offense that
464	457		results in a person engaging in forced labor or services, including
465	458		sexual conduct, and that may be prosecuted under Section 20A.02,
466	459		20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
467	460		43.26, Penal Code.
468	461		SECTION 3.07. Article 56.81(7), Code of Criminal Procedure,
469	462		is amended to read as follows:
470	463		(7) "Trafficking of persons" means any conduct that
471	464		constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031,
472	465		43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that
473	466		results in a person:
474	467		(A) engaging in forced labor or services; or
475	468		(B) otherwise becoming a victim of the offense.
476	469		SECTION 3.08. Section 411.042(b), Government Code, is
477	470		amended to read as follows:
478	471		(b) The bureau of identification and records shall:
479	472		(1) procure and file for record photographs, pictures,
480	473		descriptions, fingerprints, measurements, and other pertinent
481	474		information of all persons arrested for or charged with a criminal
482	475		offense or convicted of a criminal offense, regardless of whether
483	476		the conviction is probated;
484	477		(2) collect information concerning the number and
485	478		nature of offenses reported or known to have been committed in the
486	479		state and the legal steps taken in connection with the offenses, and
487	480		other information useful in the study of crime and the
488	481		administration of justice, including information that enables the
489	482		bureau to create a statistical breakdown of:
490	483		(A) offenses in which family violence was
491	484		involved;
492	485		(B) offenses under Sections 22.011 and 22.021,
493	486		Penal Code; and
494	487		(C) offenses under Sections 20A.02, 43.02(a),
495	488		43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
496	489		(3) make ballistic tests of bullets and firearms and
497	490		chemical analyses of bloodstains, cloth, materials, and other
498	491		substances for law enforcement officers of the state;
499	492		(4) cooperate with identification and crime records
500	493		bureaus in other states and the United States Department of
501	494		Justice;
502	495		(5) maintain a list of all previous background checks
503	496		for applicants for any position regulated under Chapter 1702,
504	497		Occupations Code, who have undergone a criminal history background
505	498		check under Section 411.119, if the check indicates a Class B
506	499		misdemeanor or equivalent offense or a greater offense;
507	500		(6) collect information concerning the number and
508	501		nature of protective orders and magistrate's orders of emergency
509	502		protection and all other pertinent information about all persons
510	503		subject to active orders, including pertinent information about
511	504		persons subject to conditions of bond imposed for the protection of
512	505		the victim in any family violence, sexual assault or abuse,
513	506		stalking, or trafficking case. Information in the law enforcement
514	507		information system relating to an active order shall include:
515	508		(A) the name, sex, race, date of birth, personal
516	509		descriptors, address, and county of residence of the person to whom
517	510		the order is directed;
518	511		(B) any known identifying number of the person to
519	512		whom the order is directed, including the person's social security
520	513		number or driver's license number;
521	514		(C) the name and county of residence of the
522	515		person protected by the order;
523	516		(D) the residence address and place of employment
524	517		or business of the person protected by the order, unless that
525	518		information is excluded from the order under Article 17.292(e),
526	519		Code of Criminal Procedure;
527	520		(E) the child-care facility or school where a
528	521		child protected by the order normally resides or which the child
529	522		normally attends, unless that information is excluded from the
530	523		order under Article 17.292(e), Code of Criminal Procedure;
531	524		(F) the relationship or former relationship
532	525		between the person who is protected by the order and the person to
533	526		whom the order is directed;
534	527		(G) the conditions of bond imposed on the person
535	528		to whom the order is directed, if any, for the protection of a
536	529		victim in any family violence, sexual assault or abuse, stalking,
537	530		or trafficking case;
538	531		(H) any minimum distance the person subject to
539	532		the order is required to maintain from the protected places or
540	533		persons; and
541	534		(I) the date the order expires;
542	535		(7) grant access to criminal history record
543	536		information in the manner authorized under Subchapter F;
544	537		(8) collect and disseminate information regarding
545	538		offenders with mental impairments in compliance with Chapter 614,
546	539		Health and Safety Code; and
547	540		(9) record data and maintain a state database for a
548	541		computerized criminal history record system and computerized
549	542		juvenile justice information system that serves:
550	543		(A) as the record creation point for criminal
551	544		history record information and juvenile justice information
552	545		maintained by the state; and
553	546		(B) as the control terminal for the entry of
554	547		records, in accordance with federal law and regulations, federal
555	548		executive orders, and federal policy, into the federal database
556	549		maintained by the Federal Bureau of Investigation.
557	550		SECTION 3.09. Section 499.027(b), Government Code, is
558	551		amended to read as follows:
559	552		(b) An inmate is not eligible under this subchapter to be
560	553		considered for release to intensive supervision parole if:
561	554		(1) the inmate is awaiting transfer to the
562	555		institutional division, or serving a sentence, for an offense for
563	556		which the judgment contains an affirmative finding under Article
564	557		42A.054(c) or (d), Code of Criminal Procedure;
565	558		(2) the inmate is awaiting transfer to the
566	559		institutional division, or serving a sentence, for an offense
567	560		listed in one of the following sections of the Penal Code:
568	561		(A) Section 19.02 (murder);
569	562		(B) Section 19.03 (capital murder);
570	563		(C) Section 19.04 (manslaughter);
571	564		(D) Section 20.03 (kidnapping);
572	565		(E) Section 20.04 (aggravated kidnapping);
573	566		(F) Section 21.11 (indecency with a child);
574	567		(G) Section 22.011 (sexual assault);
575	568		(H) Section 22.02 (aggravated assault);
576	569		(I) Section 22.021 (aggravated sexual assault);
577	570		(J) Section 22.04 (injury to a child, elderly
578	571		individual, or disabled individual);
579	572		(K) Section 25.02 (prohibited sexual conduct);
580	573		(L) Section 25.08 (sale or purchase of a child);
581	574		(M) Section 28.02 (arson);
582	575		(N) Section 29.02 (robbery);
583	576		(O) Section 29.03 (aggravated robbery);
584	577		(P) Section 30.02 (burglary), if the offense is
585	578		punished as a first-degree felony under that section;
586	579		(Q) Section 43.04 (aggravated promotion of
587	580		prostitution);
588	581		(R) Section 43.05 (compelling prostitution);
589	582		(S) Section 43.24 (sale, distribution, or
590	583		display of harmful material to minor);
591	584		(T) Section 43.25 (sexual performance by a
592	585		child);
593	586		(U) Section 46.10 (deadly weapon in penal
594	587		institution);
595	588		(V) Section 15.01 (criminal attempt), if the
596	589		offense attempted is listed in this subsection;
597	590		(W) Section 15.02 (criminal conspiracy), if the
598	591		offense that is the subject of the conspiracy is listed in this
599	592		subsection;
600	593		(X) Section 15.03 (criminal solicitation), if
601	594		the offense solicited is listed in this subsection;
602	595		(Y) Section 21.02 (continuous sexual abuse of
603	596		young child or children);
604	597		(Z) Section 20A.02 (trafficking of persons);
605	598		[or]
606	599		(AA) Section 20A.03 (continuous trafficking of
607	600		persons); or
608	601		(BB) Section 43.041 (aggravated online promotion
609	602		of prostitution); or
610	603		(3) the inmate is awaiting transfer to the
611	604		institutional division, or serving a sentence, for an offense under
612	605		Chapter 481, Health and Safety Code, punishable by a minimum term of
613	606		imprisonment or a maximum fine that is greater than the minimum term
614	607		of imprisonment or the maximum fine for a first degree felony.
615	608		SECTION 3.10. Section 169.002(b), Health and Safety Code,
616	609		is amended to read as follows:
617	610		(b) A defendant is eligible to participate in a first
618	611		offender prostitution prevention program established under this
619	612		chapter only if:
620	613		(1) the attorney representing the state consents to
621	614		the defendant's participation in the program; and
622	615		(2) the court in which the criminal case is pending
623	616		finds that the defendant has not been previously convicted of:
624	617		(A) an offense under Section 20A.02, 43.02,
625	618		43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
626	619		(B) an offense listed in Article 42A.054(a), Code
627	620		of Criminal Procedure; or
628	621		(C) an offense punishable as a felony under
629	622		Chapter 481.
630	623		SECTION 3.11. Section 20A.02(a), Penal Code, is amended to
631	624		read as follows:
632	625		(a) A person commits an offense if the person knowingly:
633	626		(1) traffics another person with the intent that the
634	627		trafficked person engage in forced labor or services;
635	628		(2) receives a benefit from participating in a venture
636	629		that involves an activity described by Subdivision (1), including
637	630		by receiving labor or services the person knows are forced labor or
638	631		services;
639	632		(3) traffics another person and, through force, fraud,
640	633		or coercion, causes the trafficked person to engage in conduct
641	634		prohibited by:
642	635		(A) Section 43.02 (Prostitution);
643	636		(B) Section 43.03 (Promotion of Prostitution);
644	637		(B-1) Section 43.031 (Online Promotion of
645	638		Prostitution);
646	639		(C) Section 43.04 (Aggravated Promotion of
647	640		Prostitution);
648	641		(C-1) Section 43.041 (Aggravated Online
649	642		Promotion of Prostitution); or
650	643		(D) Section 43.05 (Compelling Prostitution);
651	644		(4) receives a benefit from participating in a venture
652	645		that involves an activity described by Subdivision (3) or engages
653	646		in sexual conduct with a person trafficked in the manner described
654	647		in Subdivision (3);
655	648		(5) traffics a child with the intent that the
656	649		trafficked child engage in forced labor or services;
657	650		(6) receives a benefit from participating in a venture
658	651		that involves an activity described by Subdivision (5), including
659	652		by receiving labor or services the person knows are forced labor or
660	653		services;
661	654		(7) traffics a child and by any means causes the
662	655		trafficked child to engage in, or become the victim of, conduct
663	656		prohibited by:
664	657		(A) Section 21.02 (Continuous Sexual Abuse of
665	658		Young Child or Children);
666	659		(B) Section 21.11 (Indecency with a Child);
667	660		(C) Section 22.011 (Sexual Assault);
668	661		(D) Section 22.021 (Aggravated Sexual Assault);
669	662		(E) Section 43.02 (Prostitution);
670	663		(F) Section 43.03 (Promotion of Prostitution);
671	664		(F-1) Section 43.031 (Online Promotion of
672	665		Prostitution);
673	666		(G) Section 43.04 (Aggravated Promotion of
674	667		Prostitution);
675	668		(G-1) Section 43.041 (Aggravated Online
676	669		Promotion of Prostitution);
677	670		(H) Section 43.05 (Compelling Prostitution);
678	671		(I) Section 43.25 (Sexual Performance by a
679	672		Child);
680	673		(J) Section 43.251 (Employment Harmful to
681	674		Children); or
682	675		(K) Section 43.26 (Possession or Promotion of
683	676		Child Pornography); or
684	677		(8) receives a benefit from participating in a venture
685	678		that involves an activity described by Subdivision (7) or engages
686	679		in sexual conduct with a child trafficked in the manner described in
687	680		Subdivision (7).
688	681		ARTICLE 4. ADMISSIBILITY OF EVIDENCE
689	682		SECTION 4.01. Section 1, Article 38.37, Code of Criminal
690	683		Procedure, is amended to read as follows:
691	684		Sec. 1. (a) Subsection (b) applies to a proceeding in the
692	685		prosecution of a defendant for an offense, or an attempt or
693	686		conspiracy to commit an offense, under the following provisions of
694	687		the Penal Code:
695	688		(1) Chapter 20A (Trafficking of Persons);
696	689		(2) [if committed against a child under 17 years of
697	690		age:
698	691		[(A)] Chapter 21 (Sexual Offenses);
699	692		(3) Section 22.01 (Assault), if committed against a
700	693		person younger than 18 years of age;
701	694		(4) Section 22.011 (Sexual Assault);
702	695		(5) Section 22.02 (Aggravated Assault), if committed
703	696		against a person younger than 18 years of age;
704	697		(6) Section 22.021 (Aggravated Sexual Assault);
705	698		(7) Section 22.04 (Injury to a Child, Elderly
706	699		Individual, or Disabled Individual), if committed against a person
707	700		younger than 18 years of age;
708	701		(8) Section 22.041 (Abandoning or Endangering a
709	702		Child);
710	703		(9) Section 22.05 (Deadly Conduct), if committed
711	704		against a person younger than 18 years of age;
712	705		(10) Section 22.07 (Terroristic Threat), if committed
713	706		under Subsection (a)(2) of that section against a person younger
714	707		than 18 years of age;
715	708		(11) [(B) Chapter 22 (Assaultive Offenses); or
716	709		[(C)] Section 25.02 (Prohibited Sexual Conduct);
717	710		[or]
718	711		(12) [(2) if committed against a person younger than
719	712		18 years of age:
720	713		[(A) Section 43.25 (Sexual Performance by a
721	714		Child);
722	715		[(B) Section 20A.02(a)(7) or (8); or
723	716		[(C)] Section 43.05(a)(2) (Compelling
724	717		Prostitution); or
725	718		(13) Section 43.25 (Sexual Performance by a Child).
726	719		(b) Notwithstanding Rules 404 and 405, Texas Rules of
727	720		Evidence, evidence of other crimes, wrongs, or acts committed by
728	721		the defendant against the [child who is the] victim of the alleged
729	722		offense shall be admitted for its bearing on relevant matters,
730	723		including:
731	724		(1) the state of mind of the defendant and the victim
732	725		[child]; and
733	726		(2) the previous and subsequent relationship between
734	727		the defendant and the victim [child].
735	728		SECTION 4.02. Section 2(a), Article 38.37, Code of Criminal
736	729		Procedure, is amended to read as follows:
737	730		(a) Subsection (b) applies only to the trial of a defendant
738	731		for:
739	732		(1) an offense under any of the following provisions
740	733		of the Penal Code:
741	734		(A) Section 20A.02, if punishable as a felony of
742	735		the first degree under Section 20A.02(b)(1) (Sex or Labor
743	736		Trafficking of a Child);
744	737		(B) Section 20A.03, if based partly or wholly on
745	738		conduct that constitutes an offense under Article 20A.02(a)(5),
746	739		(6), (7), or (8) (Continuous Trafficking of Persons);
747	740		(C) Section 21.02 (Continuous Sexual Abuse of
748	741		Young Child or Children);
749	742		(D) [(C)] Section 21.11 (Indecency With a
750	743		Child);
751	744		(E) [(D)] Section 22.011(a)(2) (Sexual Assault
752	745		of a Child);
753	746		(F) [(E)] Sections 22.021(a)(1)(B) and (2)
754	747		(Aggravated Sexual Assault of a Child);
755	748		(G) [(F)] Section 33.021 (Online Solicitation of
756	749		a Minor);
757	750		(H) [(G)] Section 43.25 (Sexual Performance by a
758	751		Child); or
759	752		(I) [(H)] Section 43.26 (Possession or Promotion
760	753		of Child Pornography), Penal Code; or
761	754		(2) an attempt or conspiracy to commit an offense
762	755		described by Subdivision (1).
763	756		SECTION 4.03. Chapter 38, Code of Criminal Procedure, is
764	757		amended by adding Article 38.51 to read as follows:
765	758		Art. 38.51. EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR. (a)
766	759		This article applies to the prosecution of an offense, or an attempt
767	760		to commit an offense, under the following provisions of the Penal
768	761		Code:
769	762		(1) Section 20A.02(a)(3), (4), (7), or (8) (Sex
770	763		Trafficking of Persons);
771	764		(2) Section 20A.03 (Continuous Trafficking of
772	765		Persons), if based partly or wholly on conduct that constitutes an
773	766		offense under Section 20A.02(a)(3), (4), (7), or (8);
774	767		(3) Chapter 21 (Sexual Offenses);
775	768		(4) Section 22.011 (Sexual Assault);
776	769		(5) Section 22.021 (Aggravated Sexual Assault);
777	770		(6) Section 25.02 (Prohibited Sexual Conduct);
778	771		(7) Section 43.05 (Compelling Prostitution);
779	772		(8) Section 43.24 (Sale, Distribution, or Display of
780	773		Harmful Material to Minor);
781	774		(9) Section 43.25 (Sexual Performance by a Child);
782	775		(10) Section 43.251 (Employment Harmful to Children);
783	776		(11) Section 43.26 (Possession or Promotion of Child
784	777		Pornography); or
785	778		(12) Section 43.262 (Possession or Promotion of Lewd
786	779		Visual Material Depicting Child).
787	780		(b) Except as provided by Subsection (c), in the prosecution
788	781		of an offense described by Subsection (a), reputation or opinion
789	782		evidence of a victim's past sexual behavior or evidence regarding
790	783		specific instances of a victim's past sexual behavior is not
791	784		admissible.
792	785		(c) Evidence of a specific instance of a victim's past
793	786		sexual behavior is admissible if:
794	787		(1) the evidence:
795	788		(A) is necessary to rebut or explain scientific
796	789		or medical evidence offered by the attorney representing the state;
797	790		(B) concerns past sexual behavior with the
798	791		defendant and is offered by the defendant to prove consent;
799	792		(C) relates to the victim's motive or bias;
800	793		(D) is admissible under Rule 609, Texas Rules of
801	794		Evidence; or
802	795		(E) is constitutionally required to be admitted;
803	796		and
804	797		(2) the probative value of the evidence outweighs the
805	798		danger of unfair prejudice.
806	799		(d) Before evidence described by Subsection (c) may be
807	800		introduced, the defendant must notify the court outside of the
808	801		jury's presence. The court shall conduct an in camera hearing to
809	802		determine whether the evidence is admissible. The court reporter
810	803		shall record the hearing, and the court shall preserve that record
811	804		under seal as part of the record in the case.
812	805		(e) Before referring to evidence that the court has
813	806		determined to be inadmissible, the defendant must, outside of the
814	807		jury's presence, request and obtain the court's permission.
815	808		SECTION 4.04. Under the terms of Section 22.109(b),
816	809		Government Code, Rule 412, Texas Rules of Evidence, is disapproved.
817	810		SECTION 4.05. The changes in law and rules made by this
818	811		article apply to the admissibility of evidence in a criminal
819	812		proceeding that commences on or after the effective date of this
820	813		Act. The admissibility of evidence in a criminal proceeding that
821	814		commences before the effective date of this Act is governed by the
822	815		law and rules in effect on the date the proceeding commenced, and
823	816		the former law and rules are continued in effect for that purpose.
824	817		ARTICLE 5. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
825	818		TRAFFICKING OF PERSONS OR COMPELLED PROSTITUTION
826	819		SECTION 5.01. Section 411.0728, Government Code, is amended
827	820		to read as follows:
828	821		Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
829	822		OF PERSONS. (a) This section applies only to a person:
830	823		(1) who is convicted of or placed on deferred
831	824		adjudication community supervision [under Chapter 42A, Code of
832	825		Criminal Procedure, after conviction] for an offense under:
833	826		(A) Section 481.120, Health and Safety Code, if
834	827		the offense is punishable under Subsection (b)(1);
835	828		(B) Section 481.121, Health and Safety Code, if
836	829		the offense is punishable under Subsection (b)(1);
837	830		(C) Section 31.03, Penal Code, if the offense is
838	831		punishable under Subsection (e)(1) or (2); or
839	832		(D) Section 43.02, Penal Code; [or
840	833		[(E) Section 43.03(a)(2), Penal Code, if the
841	834		offense is punishable as a Class A misdemeanor;] and
842	835		(2) who, if requested by the applicable law
843	836		enforcement agency or prosecuting attorney to provide assistance in
844	837		the investigation or prosecution of an offense under Section
845	838		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
846	839		containing elements that are substantially similar to the elements
847	840		of an offense under any of those sections:
848	841		(A) provided assistance in the investigation or
849	842		prosecution of the offense; or
850	843		(B) did not provide assistance in the
851	844		investigation or prosecution of the offense due to the person's age
852	845		or a physical or mental disability resulting from being a victim of
853	846		an offense described by this subdivision [with respect to whom the
854	847		conviction is subsequently set aside by the court under Article
855	848		42A.701, Code of Criminal Procedure].
856	849		(b) Notwithstanding any other provision of this subchapter
857	850		or Subchapter F, a person described by Subsection (a) [who
858	851		satisfies the requirements of Section 411.074] may petition the
859	852		court that convicted the person or placed the person on deferred
860	853		adjudication community supervision for an order of nondisclosure of
861	854		criminal history record information under this section on the
862	855		grounds that the person committed the offense solely as a victim of
863	856		an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
864	857		[trafficking of persons].
865	858		(b-1) A petition under Subsection (b) must:
866	859		(1) be in writing;
867	860		(2) assert that the person seeking an order of
868	861		nondisclosure under this section has not previously received an
869	862		order of nondisclosure under this section; and
870	863		(3) allege specific facts that, if proved, would
871	864		establish that the petitioner committed the offense described by
872	865		Subsection (a)(1) solely as a victim of an offense under Section
873	866		20A.02, 20A.03, or 43.05, Penal Code.
874	867		(b-2) A person convicted of or placed on deferred
875	868		adjudication community supervision for more than one offense
876	869		described by Subsection (a)(1) that the person committed solely as
877	870		a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
878	871		Code, may request consolidation of the person's petitions for an
879	872		order of nondisclosure of criminal history record information in a
880	873		district court in the county of the person's most recent conviction
881	874		or placement on deferred adjudication community supervision. On
882	875		receipt of a request for consolidation, the court shall consolidate
883	876		the petitions and exercise jurisdiction over the petitions,
884	877		regardless of the county in which the offenses described by
885	878		Subsection (a)(1) occurred.
886	879		(b-3) On the filing of the petition under Subsection (b),
887	880		the clerk of the court shall promptly serve a copy of the petition
888	881		and any supporting document on the appropriate office of the
889	882		attorney representing the state. If the court consolidates
890	883		petitions under Subsection (b-2), the court shall promptly serve a
891	884		copy of the consolidated petitions on the appropriate office of
892	885		each attorney representing the state. Any response to the petition
893	886		by an attorney representing the state must be filed not later than
894	887		the 20th business day after the date of service under this
895	888		subsection.
896	889		(b-4) If the consolidation occurs under Subsection (b-2)
897	890		with respect to petitions relating to offenses committed in more
898	891		than one county, an attorney representing the state from a county
899	892		other than the county in which the consolidating court resides may
900	893		appear telephonically or through a video conference call at any
901	894		hearing considered necessary by the court.
902	895		(c) After notice to the state, an opportunity for a hearing,
903	896		a determination by the court that the person has not previously
904	897		received an order of nondisclosure under this section, and a
905	898		determination by the court that the person committed the offense
906	899		described by Subsection (a)(1) solely as a victim of an offense
907	900		under Section 20A.02, 20A.03, or 43.05, Penal Code, [trafficking of
908	901		persons] and that issuance of the order is in the best interest of
909	902		justice, the court shall issue an order prohibiting criminal
910	903		justice agencies from disclosing to the public criminal history
911	904		record information related to the offense [for which the defendant
912	905		was placed on community supervision as described by Subsection
913	906		(a)].
914	907		(d) A person may petition the court that convicted the
915	908		person or placed the person on deferred adjudication community
916	909		supervision for an order of nondisclosure of criminal history
917	910		record information under this section only on or after the first
918	911		anniversary of the date the person:
919	912		(1) completed the sentence, including any term of
920	913		confinement imposed and payment of all fines, costs, and
921	914		restitution imposed; or
922	915		(2) received a dismissal and discharge under Article
923	916		42A.111, Code of Criminal Procedure, if the person was placed on
924	917		deferred adjudication community supervision [person's conviction
925	918		is set aside as described by Subsection (a)].
926	919		SECTION 5.02. Article 56.021, Code of Criminal Procedure,
927	920		is amended by adding Subsection (e) to read as follows:
928	921		(e) A victim of an offense under Section 20A.02, 20A.03, or
929	922		43.05, Penal Code, is entitled to the right to be informed that the
930	923		victim may petition for an order of nondisclosure of criminal
931	924		history record information under Section 411.0728, Government
932	925		Code, if the victim:
933	926		(1) has been convicted of or placed on deferred
934	927		adjudication community supervision for an offense described by
935	928		Subsection (a)(1) of that section; and
936	929		(2) committed that offense solely as a victim of an
937	930		offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
938	931		SECTION 5.03. Subchapter C, Chapter 72, Government Code, is
939	932		amended by adding Section 72.033 to read as follows:
940	933		Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
941	934		VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
942	935		office, in consultation with the office of the attorney general,
943	936		shall develop and make available an online form for use by a person
944	937		in filing a petition for an order of nondisclosure of criminal
945	938		history record information under Section 411.0728.
946	939		SECTION 5.04. Section 126.004, Government Code, is amended
947	940		by adding Subsection (d) to read as follows:
948	941		(d) A program established under this chapter shall provide
949	942		each program participant with information related to an order of
950	943		nondisclosure of criminal history record information under Section
951	944		411.0728.
952	945		SECTION 5.05. Not later than December 1, 2019, the Office of
953	946		Court Administration of the Texas Judicial System, in consultation
954	947		with the office of the attorney general, shall develop and make
955	948		available the online form required by Section 72.033, Government
956	949		Code, as added by this article.
957	950		ARTICLE 6. REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE SCHOOLS,
958	951		AND MASSAGE THERAPISTS
959	952		SECTION 6.01. Section 455.152, Occupations Code, is amended
960	953		to read as follows:
961	954		Sec. 455.152. INELIGIBILITY FOR LICENSE. [(a)] A person is
962	955		not eligible for a license as a massage establishment, massage
963	956		school, massage therapist, or massage therapy instructor if the
964	957		person is an individual and has been convicted of, entered a plea of
965	958		nolo contendere or guilty to, or received deferred adjudication for
966	959		an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
967	960		43, Penal Code, or another sexual offense.
968	961		[(b) A person convicted of a violation of this chapter is
969	962		ineligible for a license as a massage establishment, massage
970	963		school, massage therapist, or massage therapy instructor until the
971	964		fifth anniversary of the date of the conviction.]
972	965		SECTION 6.02. Section 455.1525, Occupations Code, is
973	966		amended to read as follows:
974	967		Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
975	968		REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
976	969		department shall require an applicant for a license to submit a
977	970		complete and legible set of fingerprints, on a form prescribed by
978	971		the department, to the department or to the Department of Public
979	972		Safety for the purpose of obtaining criminal history record
980	973		information from the Department of Public Safety and the Federal
981	974		Bureau of Investigation [On receipt of an application for a license
982	975		under this chapter, the department shall conduct a criminal
983	976		background check on the applicant].
984	977		(b) The department may not issue a license to a person who
985	978		does not comply with the requirement of Subsection (a).
986	979		(c) The department shall conduct a criminal history record
987	980		information check of each applicant for a license using
988	981		information:
989	982		(1) provided by the individual under this section; and
990	983		(2) made available to the department by the Department
991	984		of Public Safety, the Federal Bureau of Investigation, and any
992	985		other criminal justice agency under Chapter 411, Government Code.
993	986		(d) The department may:
994	987		(1) enter into an agreement with the Department of
995	988		Public Safety to administer a criminal history record information
996	989		check required under this section; and
997	990		(2) authorize the Department of Public Safety to
998	991		collect from each applicant the costs incurred by the Department of
999	992		Public Safety in conducting the criminal history record information
1000	993		check.
1001	994		SECTION 6.03. Subchapter D, Chapter 455, Occupations Code,
1002	995		is amended by adding Section 455.1605 to read as follows:
1003	996		Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION
1004	997		REQUIREMENT FOR LICENSE RENEWAL. As required by department rule,
1005	998		an applicant renewing a license issued under this chapter shall
1006	999		submit a complete and legible set of fingerprints for purposes of
1007	1000		performing a criminal history record information check of the
1008	1001		applicant as provided by Section 455.1525.
1009	1002		SECTION 6.04. Subchapter D, Chapter 455, Occupations Code,
1010	1003		is amended by adding Section 455.161 to read as follows:
1011	1004		Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The
1012	1005		department shall require a student enrolled in a massage school in
1013	1006		this state to hold a permit stating the student's name and the name
1014	1007		of the school. The permit must be displayed in a reasonable manner
1015	1008		at the school.
1016	1009		(b) The department shall issue a student permit to an
1017	1010		applicant who submits an application to the department for a
1018	1011		student permit accompanied by any required fee.
1019	1012		(c) An applicant for a student permit described by this
1020	1013		section shall:
1021	1014		(1) submit an enrollment application to the department
1022	1015		in a form and manner prescribed by the department; and
1023	1016		(2) satisfy other requirements specified by the
1024	1017		department.
1025	1018		SECTION 6.05. Subchapter E, Chapter 455, Occupations Code,
1026	1019		is amended by adding Section 455.2035 to read as follows:
1027	1020		Sec. 455.2035. REPORTS TO DEPARTMENT. (a) A massage school
1028	1021		shall maintain a monthly progress report regarding each student
1029	1022		attending the school. The report must certify the daily attendance
1030	1023		record of each student and the number of credit hours earned by each
1031	1024		student during the previous month.
1032	1025		(b) On a student's completion of a prescribed course of
1033	1026		instruction, the school shall notify the department that the
1034	1027		student has completed the required number of hours and is eligible
1035	1028		to take the appropriate examination.
1036	1029		SECTION 6.06. Subchapter E, Chapter 455, Occupations Code,
1037	1030		is amended by adding Section 455.207 to read as follows:
1038	1031		Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a)
1039	1032		Each massage establishment and massage school shall display in the
1040	1033		form and manner prescribed by the commission a sign concerning
1041	1034		services and assistance available to victims of human trafficking.
1042	1035		(b) The sign required by this section must include a
1043	1036		toll-free telephone number of a nationally recognized information
1044	1037		and referral hotline for victims of human trafficking.
1045	1038		(c) The commission by rule shall establish requirements
1046	1039		regarding the posting of signs under this section.
1047	1040		SECTION 6.07. Sections 455.251(a) and (c), Occupations
1048	1041		Code, are amended to read as follows:
1049	1042		(a) The commission or executive director may refuse to issue
1050	1043		a license to a person and may [shall] suspend, revoke, or refuse to
1051	1044		renew the license of a person or may [shall] reprimand a person
1052	1045		licensed under this chapter if the person:
1053	1046		(1) obtains or attempts to obtain a license by fraud,
1054	1047		misrepresentation, or concealment of material facts;
1055	1048		(2) sells, barters, or offers to sell or barter a
1056	1049		license;
1057	1050		(3) violates a rule adopted by the commission under
1058	1051		this chapter;
1059	1052		(4) engages in unprofessional conduct as defined by
1060	1053		commission rule that endangers or is likely to endanger the health,
1061	1054		welfare, or safety of the public;
1062	1055		(5) violates an order or ordinance adopted by a
1063	1056		political subdivision under Chapter 243, Local Government Code; or
1064	1057		(6) violates this chapter.
1065	1058		(c) The commission or executive director:
1066	1059		(1) shall revoke the license of a person licensed as a
1067	1060		massage school or massage establishment if the commission or
1068	1061		executive director determines that[:
1069	1062		[(1)] the school or establishment is a sexually
1070	1063		oriented business; and [or]
1071	1064		(2) may revoke the license of a person licensed as a
1072	1065		massage school or massage establishment if the commission or
1073	1066		executive director determines that an offense involving
1074	1067		prostitution or another sexual offense that resulted in a
1075	1068		conviction for the offense, a plea of nolo contendere or guilty to
1076	1069		the offense, or a grant of deferred adjudication for the offense
1077	1070		occurred on the premises of the school or establishment.
1078		-	SECTION 6.08. Section 455.352(b), Occupations Code, is
1079		-	amended to read as follows:
1080		-	(b) An owner or operator of a massage establishment commits
1081		-	an offense if the person knowingly violates Section 455.151(a),
1082		-	455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d). An
1083		-	offense under this subsection is a state jail felony [Class B
1084		-	misdemeanor], unless the actor has previously been convicted one or
1085		-	two times of an offense under this subsection, in which event it is
1086		-	a felony of the third degree [Class A misdemeanor]. If the actor
1087		-	has previously been convicted three or more times of an offense
1088		-	under this subsection, the offense is a [state jail] felony of the
1089		-	second degree.
1090		-	SECTION 6.09. Section 71.02(a), Penal Code, is amended to
1091		-	read as follows:
1092		-	(a) A person commits an offense if, with the intent to
1093		-	establish, maintain, or participate in a combination or in the
1094		-	profits of a combination or as a member of a criminal street gang,
1095		-	the person commits or conspires to commit one or more of the
1096		-	following:
1097		-	(1) murder, capital murder, arson, aggravated
1098		-	robbery, robbery, burglary, theft, aggravated kidnapping,
1099		-	kidnapping, aggravated assault, aggravated sexual assault, sexual
1100		-	assault, continuous sexual abuse of young child or children,
1101		-	solicitation of a minor, forgery, deadly conduct, assault
1102		-	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
1103		-	unauthorized use of a motor vehicle;
1104		-	(2) any gambling offense punishable as a Class A
1105		-	misdemeanor;
1106		-	(3) promotion of prostitution, aggravated promotion
1107		-	of prostitution, or compelling prostitution;
1108		-	(4) unlawful manufacture, transportation, repair, or
1109		-	sale of firearms or prohibited weapons;
1110		-	(5) unlawful manufacture, delivery, dispensation, or
1111		-	distribution of a controlled substance or dangerous drug, or
1112		-	unlawful possession of a controlled substance or dangerous drug
1113		-	through forgery, fraud, misrepresentation, or deception;
1114		-	(5-a) causing the unlawful delivery, dispensation, or
1115		-	distribution of a controlled substance or dangerous drug in
1116		-	violation of Subtitle B, Title 3, Occupations Code;
1117		-	(6) any unlawful wholesale promotion or possession of
1118		-	any obscene material or obscene device with the intent to wholesale
1119		-	promote the same;
1120		-	(7) any offense under Subchapter B, Chapter 43,
1121		-	depicting or involving conduct by or directed toward a child
1122		-	younger than 18 years of age;
1123		-	(8) any felony offense under Chapter 32;
1124		-	(9) any offense under Chapter 36;
1125		-	(10) any offense under Chapter 34, 35, or 35A;
1126		-	(11) any offense under Section 37.11(a);
1127		-	(12) any offense under Chapter 20A;
1128		-	(13) any offense under Section 37.10;
1129		-	(14) any offense under Section 38.06, 38.07, 38.09, or
1130		-	38.11;
1131		-	(15) any offense under Section 42.10;
1132		-	(16) any offense under Section 46.06(a)(1) or 46.14;
1133		-	(17) any offense under Section 20.05 or 20.06; [or]
1134		-	(18) any offense under Section 455.352(b),
1135		-	Occupations Code; or
1136		-	(19) any offense classified as a felony under the Tax
1137		-	Code.
1138		-	SECTION 6.10. Section 455.158, Occupations Code, is
	1071	+	SECTION 6.08. Section 455.158, Occupations Code, is
1139	1072		repealed.
1140		-	SECTION 6.11. Not later than January 1, 2020, the Texas
	1073	+	SECTION 6.09. Not later than January 1, 2020, the Texas
1141	1074		Commission of Licensing and Regulation shall adopt rules necessary
1142	1075		to implement the changes in law made by this article to Chapter 455,
1143	1076		Occupations Code.
1144		-	SECTION 6.12. Section 455.1525, Occupations Code, as
	1077	+	SECTION 6.10. Section 455.1525, Occupations Code, as
1145	1078		amended by this article, and Section 455.1605, Occupations Code, as
1146	1079		added by this article, apply only to an application for the issuance
1147	1080		or renewal of a license submitted on or after January 1, 2020. An
1148	1081		application submitted before that date is governed by the law in
1149	1082		effect on the date the application was submitted, and the former law
1150	1083		is continued in effect for that purpose.
1151		-	SECTION 6.13. (a) In this section, "massage school" has the
	1084	+	SECTION 6.11. (a) In this section, "massage school" has the
1152	1085		meaning assigned by Section 455.001, Occupations Code.
1153	1086		(b) Section 455.161, Occupations Code, as added by this
1154	1087		article, applies to a student who is enrolled in a massage school on
1155	1088		or after January 1, 2020.
1156	1089		(c) The Texas Commission of Licensing and Regulation shall
1157	1090		adopt rules under Section 455.161, Occupations Code, as added by
1158	1091		this article, not later than November 1, 2019.
1159		-	SECTION 6.14. A massage establishment, as defined by
	1092	+	SECTION 6.12. A massage establishment, as defined by
1160	1093		Section 455.001, Occupations Code, shall comply with Section
1161	1094		455.207, Occupations Code, as added by this article, not later than
1162	1095		January 1, 2020.
1163		-	SECTION 6.15. The change in law made by this article to
	1096	+	SECTION 6.13. The change in law made by this article to
1164	1097		Section 455.251, Occupations Code, applies only to conduct that
1165	1098		occurs on or after the effective date of this Act. Conduct that
1166	1099		occurs before the effective date of this Act is governed by the law
1167	1100		in effect on the date the conduct occurred, and the former law is
1168	1101		continued in effect for that purpose.
1169		-	SECTION 6.16. Section 455.352, Occupations Code, and
1170		-	Section 71.02, Penal Code, as amended by this article, apply only to
1171		-	an offense committed on or after the effective date of this Act. An
1172		-	offense committed before the effective date of this Act is governed
1173		-	by the law in effect on the date the offense was committed, and the
1174		-	former law is continued in effect for that purpose. For purposes of
1175		-	this section, an offense was committed before the effective date of
1176		-	this Act if any element of the offense occurred before that date.
1177		-	SECTION 6.17. (a) Except as provided by Subsection (b) of
	1102	+	SECTION 6.14. (a) Except as provided by Subsection (b) of
1178	1103		this section, this article takes effect September 1, 2019.
1179	1104		(b) Sections 455.161 and 455.2035, Occupations Code, as
1180	1105		added by this article, take effect January 1, 2020.
1181	1106		ARTICLE 7. UNLAWFUL ACTIVITIES ON CERTAIN PROPERTY
1182	1107		SECTION 7.01. Section 93.013(a), Property Code, is amended
1183	1108		to read as follows:
1184	1109		(a) Notwithstanding a provision in a lease to the contrary,
1185	1110		a tenant's right of possession terminates and the landlord has a
1186	1111		right to recover possession of the leased premises if the tenant is
1187	1112		using the premises or allowing the premises to be used for the
1188	1113		purposes of:
1189	1114		(1) prostitution, promotion of prostitution,
1190	1115		aggravated promotion of prostitution, or compelling prostitution,
1191	1116		as prohibited by the Penal Code;
1192	1117		(2) [, or] trafficking of persons as described by
1193	1118		Section 20A.02, Penal Code; or
1194	1119		(3) operating, maintaining, or advertising a massage
1195	1120		establishment, as defined by Section 455.001, Occupations Code,
1196	1121		that is not in compliance with:
1197	1122		(A) Chapter 455, Occupations Code; or
1198	1123		(B) an applicable local ordinance relating to the
1199	1124		licensing or regulation of a massage establishment.
1200	1125		SECTION 7.02. Chapter 93, Property Code, is amended by
1201	1126		adding Section 93.014 to read as follows:
1202	1127		Sec. 93.014. RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL
1203	1128		ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section:
1204	1129		(1) "Multiunit commercial property" means a strip
1205	1130		mall, shopping center, office building, or other similar commercial
1206	1131		property with multiple contiguous or proximate rental units that
1207	1132		are owned or managed as a single property.
1208	1133		(2) "Unlawful activity" means:
1209	1134		(A) prostitution, promotion of prostitution,
1210	1135		aggravated promotion of prostitution, or compelling prostitution,
1211	1136		as prohibited under Chapter 43, Penal Code;
1212	1137		(B) trafficking of persons, as prohibited under
1213	1138		Section 20A.02, Penal Code; or
1214	1139		(C) operating, maintaining, or advertising a
1215	1140		massage establishment, as defined by Section 455.001, Occupations
1216	1141		Code, that is not in compliance with:
1217	1142		(i) Chapter 455, Occupations Code; or
1218	1143		(ii) an applicable local ordinance relating
1219	1144		to the licensing or regulation of a massage establishment.
1220	1145		(b) A landlord of a multiunit commercial property is in
1221	1146		breach of a lease with a tenant if:
1222	1147		(1) the tenant reasonably believes that another tenant
1223	1148		in the same multiunit commercial property is engaging in an
1224	1149		unlawful activity;
1225	1150		(2) the complaining tenant gives the landlord written
1226	1151		notice of the offending tenant's engagement in the unlawful
1227	1152		activity; and
1228	1153		(3) the landlord does not file a forcible detainer
1229	1154		suit against the offending tenant under Section 93.013 before the
1230	1155		30th day after the date the notice is given.
1231	1156		(c) Notwithstanding a provision of the lease to the
1232	1157		contrary, if a landlord is in breach of a tenant's lease under
1233	1158		Subsection (b), the tenant may:
1234	1159		(1) terminate the tenant's rights and obligations
1235	1160		under the lease;
1236	1161		(2) vacate the leased premises; and
1237	1162		(3) avoid liability for future rent and any other sums
1238	1163		due under the lease for terminating the lease and vacating the
1239	1164		premises before the end of the lease term.
1240	1165		SECTION 7.03. The changes in law made by this article apply
1241	1166		only to a commercial lease that is entered into or renewed on or
1242	1167		after the effective date of this Act. A commercial lease that is
1243	1168		entered into or renewed before the effective date of this Act is
1244	1169		governed by the law applicable to the lease immediately before the
1245	1170		effective date of this Act, and that law is continued in effect for
1246	1171		that purpose.
1247	1172		ARTICLE 8. EFFECTIVE DATE
1248	1173		SECTION 8.01. Except as otherwise provided by this Act,
1249	1174		this Act takes effect September 1, 2019.