86R17484 JSC-F
By: Thompson of Harris, Krause, Collier, H.B. No. 15
White, Davis of Dallas, et al.
Substitute the following for H.B. No. 15:
By: Moody C.S.H.B. No. 15
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of, prosecution of, penalties for, and
other consequences of prostitution, trafficking of persons, and
related criminal offenses and to orders of nondisclosure for
persons who committed certain of those offenses; regulating
occupations and property to prevent and respond to those criminal
offenses, including requiring a student occupational permit for
those purposes; authorizing fees; increasing criminal penalties;
creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF
PERSONS
SECTION 1.01. Section 20A.01, Penal Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Coercion" as defined by Section 1.07 includes
destroying, concealing, confiscating, or withholding from a
person, or threatening to destroy, conceal, confiscate, or withhold
from a person, the person's actual or purported:
(A) government records; or
(B) identifying information or documents.
SECTION 1.02. Section 3.03(b), Penal Code, is amended to
read as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure;
(5) an offense:
(A) under Section 20A.02, 20A.03, or 43.05,
regardless of whether the accused is convicted of violations of the
same section more than once or is convicted of violations of more
than one section [both sections]; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of more than one section [both sections];
or
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section
22.04(a-1)(1) or (2) that is punishable as a felony of the first
degree, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) and punishable as described by that
paragraph, regardless of whether the accused is charged with
violations of the same section more than once or is charged with
violations of more than one section.
SECTION 1.03. The following provisions are repealed:
(1) Section 402.035(h), Government Code, as amended by
Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular
Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the
85th Legislature, Regular Session, 2017; and
(2) Section 20A.02(a-1), Penal Code.
SECTION 1.04. The change in law made by this article applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
ARTICLE 2. PENALTIES FOR PROSTITUTION
SECTION 2.01. Subchapter K, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.515 to read as follows:
Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN
PROSTITUTION OFFENSES. (a) Except as provided by Subsection (e),
on a defendant's conviction of a Class B misdemeanor under Section
43.02(a), Penal Code, the judge shall suspend imposition of the
sentence and place the defendant on community supervision.
(b) Except as provided by Subsection (e), on a defendant's
conviction of a state jail felony under Section 43.02(c)(2), Penal
Code, that is punished under Section 12.35(a), Penal Code, the
judge shall suspend the imposition of the sentence and place the
defendant on community supervision. This subsection does not apply
to a defendant who has previously been convicted of any other state
jail felony under Section 43.02(c)(2), Penal Code, that is punished
under Section 12.35, Penal Code.
(c) A judge who places a defendant on community supervision
under Subsection (a) or (b) shall require as a condition of
community supervision that the defendant participate in a
commercially sexually exploited persons court program established
under Chapter 126, Government Code, if a program has been
established for the county or municipality where the defendant
resides. Sections 126.002(b) and (c), Government Code, do not apply
with respect to a defendant required to participate in the court
program under this subsection.
(d) A judge who requires a defendant to participate in a
commercially sexually exploited persons court program under
Subsection (c) may suspend in whole or in part the imposition of the
program fee described by Section 126.006, Government Code.
(e) In any case in which the jury assesses punishment, the
judge must follow the recommendations of the jury in suspending the
imposition of a sentence or ordering a sentence to be executed. If
a jury assessing punishment does not recommend community
supervision, the judge must order the sentence to be executed in
whole.
(f) The judge may suspend in whole or in part the imposition
of any fine imposed on conviction.
SECTION 2.02. Article 42A.551(d), Code of Criminal
Procedure, is amended to read as follows:
(d) On conviction of a state jail felony punished under
Section 12.35(a), Penal Code, other than a state jail felony listed
in Subsection (a) or to which Article 42A.515 applies, subject to
Subsection (e), the judge may:
(1) suspend the imposition of the sentence and place
the defendant on community supervision; or
(2) order the sentence to be executed:
(A) in whole; or
(B) in part, with a period of community
supervision to begin immediately on release of the defendant from
confinement.
SECTION 2.03. Article 62.001(5), Code of Criminal
Procedure, is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.09 (Bestiality), 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c-1)(2) [(c-1)(3)] of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 2.04. Section 402.035(d), Government Code, is
amended to read as follows:
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys' offices for all of
the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including data described by Subdivisions (4)(A), (B),
(C), (D), and (E);
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
(iii) an offense punishable under Section
43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
the offense was committed as part of a criminal episode involving
the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Texas Commission on Law Enforcement
to develop and conduct training for law enforcement personnel,
victim service providers, and medical service providers to identify
victims of human trafficking;
(6) work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(7) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(8) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(9) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking;
(10) develop recommendations on how to strengthen
state and local efforts to prevent human trafficking, protect and
assist human trafficking victims, curb markets and other economic
avenues that facilitate human trafficking and investigate and
prosecute human trafficking offenders;
(11) examine the extent to which human trafficking is
associated with the operation of sexually oriented businesses, as
defined by Section 243.002, Local Government Code, and the
workplace or public health concerns that are created by the
association of human trafficking and the operation of sexually
oriented businesses;
(12) develop recommendations for addressing the
demand for forced labor or services or sexual conduct involving
victims of human trafficking, including recommendations for
increased penalties for individuals who engage or attempt to engage
in prostitution with victims younger than 18 years of age; and
(13) identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses.
SECTION 2.05. Section 43.02(c-1), Penal Code, is amended to
read as follows:
(c-1) An offense under Subsection (b) is a Class A [B]
misdemeanor, except that the offense is:
(1) [a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (b);
[(2)] a state jail felony if the actor has previously
been convicted [three or more times] of an offense under Subsection
(b); or
(2) [(3)] a felony of the second degree if the person
with whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 2.06. The change in law made by this article applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
SECTION 3.01. Section 43.01, Penal Code, is amended by
adding Subdivisions (1-b) and (1-c) to read as follows:
(1-b) "Interactive computer service" means any
information service, system, or access software provider that
provides or enables computer access to a computer server by
multiple users, including a service or system that provides access
to the Internet or a system operated or service offered by a library
or educational institution.
(1-c) "Internet" means the international computer
network of both federal and nonfederal interoperable packet
switched data networks.
SECTION 3.02. Subchapter A, Chapter 43, Penal Code, is
amended by adding Sections 43.031 and 43.041 to read as follows:
Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A
person commits an offense if the person owns, manages, or operates
an interactive computer service with the intent to promote the
prostitution of another person or facilitate another person to
engage in prostitution.
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor:
(1) has been previously convicted of an offense under
this section or Section 43.041; or
(2) engages in conduct described by Subsection (a)
involving a person younger than 18 years of age engaging in
prostitution, regardless of whether the actor knows the age of the
person at the time of the offense.
Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.
(a) A person commits an offense if the person owns, manages, or
operates an interactive computer service with the intent to promote
the prostitution of five or more persons or facilitate five or more
persons to engage in prostitution.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the actor:
(1) has been previously convicted of an offense under
this section; or
(2) engages in conduct described by Subsection (a)
involving two or more persons younger than 18 years of age engaging
in prostitution, regardless of whether the actor knows the age of
the persons at the time of the offense.
SECTION 3.03. Section 98A.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (1-a) and (4-a) to read as
follows:
(1-a) "Aggravated online promotion of prostitution"
means conduct that constitutes an offense under Section 43.041,
Penal Code.
(4-a) "Online promotion of prostitution" means
conduct that constitutes an offense under Section 43.031, Penal
Code.
SECTION 3.04. Section 98A.002(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A defendant is liable to a victim of compelled
prostitution, as provided by this chapter, for damages arising from
the compelled prostitution if the defendant:
(1) engages in compelling prostitution with respect to
the victim;
(2) knowingly or intentionally engages in promotion of
prostitution, online promotion of prostitution, aggravated
promotion of prostitution, or aggravated online promotion of
prostitution that results in compelling prostitution with respect
to the victim; or
(3) purchases an advertisement that the defendant
knows or reasonably should know constitutes promotion of
prostitution or aggravated promotion of prostitution, and the
publication of the advertisement results in compelling
prostitution with respect to the victim.
SECTION 3.05. Article 18A.101, Code of Criminal Procedure,
is amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481, other than felony possession of
marihuana;
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(G) Section 38.11;
(H) Section 43.04;
(I) Section 43.041;
(J) Section 43.05; or
(K) [(J)] Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 3.06. Article 56.32(a)(14), Code of Criminal
Procedure, is amended to read as follows:
(14) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
43.26, Penal Code.
SECTION 3.07. Article 56.81(7), Code of Criminal Procedure,
is amended to read as follows:
(7) "Trafficking of persons" means any conduct that
constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031,
43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that
results in a person:
(A) engaging in forced labor or services; or
(B) otherwise becoming a victim of the offense.
SECTION 3.08. Section 411.042(b), Government Code, is
amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02, 43.02(a),
43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of
the victim in any family violence, sexual assault or abuse,
stalking, or trafficking case. Information in the law enforcement
information system relating to an active order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Article 17.292(e),
Code of Criminal Procedure;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Article 17.292(e), Code of Criminal Procedure;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, stalking,
or trafficking case;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 3.09. Section 499.027(b), Government Code, is
amended to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Article
42A.054(c) or (d), Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection;
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 20A.02 (trafficking of persons);
[or]
(AA) Section 20A.03 (continuous trafficking of
persons); or
(BB) Section 43.041 (aggravated online promotion
of prostitution); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 3.10. Section 169.002(b), Health and Safety Code,
is amended to read as follows:
(b) A defendant is eligible to participate in a first
offender prostitution prevention program established under this
chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02,
43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
(B) an offense listed in Article 42A.054(a), Code
of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
SECTION 3.11. Section 20A.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture
that involves an activity described by Subdivision (1), including
by receiving labor or services the person knows are forced labor or
services;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child with the intent that the
trafficked child engage in forced labor or services;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child and by any means causes the
trafficked child to engage in, or become the victim of, conduct
prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child trafficked in the manner described in
Subdivision (7).
ARTICLE 4. ADMISSIBILITY OF EVIDENCE
SECTION 4.01. Section 1, Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) Subsection (b) applies to a proceeding in the
prosecution of a defendant for an offense, or an attempt or
conspiracy to commit an offense, under the following provisions of
the Penal Code:
(1) Chapter 20A (Trafficking of Persons);
(2) [if committed against a child under 17 years of
age:
[(A)] Chapter 21 (Sexual Offenses);
(3) Section 22.01 (Assault), if committed against a
person younger than 18 years of age;
(4) Section 22.011 (Sexual Assault);
(5) Section 22.02 (Aggravated Assault), if committed
against a person younger than 18 years of age;
(6) Section 22.021 (Aggravated Sexual Assault);
(7) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual), if committed against a person
younger than 18 years of age;
(8) Section 22.041 (Abandoning or Endangering a
Child);
(9) Section 22.05 (Deadly Conduct), if committed
against a person younger than 18 years of age;
(10) Section 22.07 (Terroristic Threat), if committed
under Subsection (a)(2) of that section against a person younger
than 18 years of age;
(11) [(B) Chapter 22 (Assaultive Offenses); or
[(C)] Section 25.02 (Prohibited Sexual Conduct);
[or]
(12) [(2) if committed against a person younger than
18 years of age:
[(A) Section 43.25 (Sexual Performance by a
Child);
[(B) Section 20A.02(a)(7) or (8); or
[(C)] Section 43.05(a)(2) (Compelling
Prostitution); or
(13) Section 43.25 (Sexual Performance by a Child).
(b) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against the [child who is the] victim of the alleged
offense shall be admitted for its bearing on relevant matters,
including:
(1) the state of mind of the defendant and the victim
[child]; and
(2) the previous and subsequent relationship between
the defendant and the victim [child].
SECTION 4.02. Section 2(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a) Subsection (b) applies only to the trial of a defendant
for:
(1) an offense under any of the following provisions
of the Penal Code:
(A) Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b)(1) (Sex or Labor
Trafficking of a Child);
(B) Section 20A.03, if based partly or wholly on
conduct that constitutes an offense under Article 20A.02(a)(5),
(6), (7), or (8) (Continuous Trafficking of Persons);
(C) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(D) [(C)] Section 21.11 (Indecency With a
Child);
(E) [(D)] Section 22.011(a)(2) (Sexual Assault
of a Child);
(F) [(E)] Sections 22.021(a)(1)(B) and (2)
(Aggravated Sexual Assault of a Child);
(G) [(F)] Section 33.021 (Online Solicitation of
a Minor);
(H) [(G)] Section 43.25 (Sexual Performance by a
Child); or
(I) [(H)] Section 43.26 (Possession or Promotion
of Child Pornography), Penal Code; or
(2) an attempt or conspiracy to commit an offense
described by Subdivision (1).
SECTION 4.03. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.51 to read as follows:
Art. 38.51. EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR. (a)
This article applies to the prosecution of an offense, or an attempt
to commit an offense, under the following provisions of the Penal
Code:
(1) Section 20A.02(a)(3), (4), (7), or (8) (Sex
Trafficking of Persons);
(2) Section 20A.03 (Continuous Trafficking of
Persons), if based partly or wholly on conduct that constitutes an
offense under Section 20A.02(a)(3), (4), (7), or (8);
(3) Chapter 21 (Sexual Offenses);
(4) Section 22.011 (Sexual Assault);
(5) Section 22.021 (Aggravated Sexual Assault);
(6) Section 25.02 (Prohibited Sexual Conduct);
(7) Section 43.05 (Compelling Prostitution);
(8) Section 43.24 (Sale, Distribution, or Display of
Harmful Material to Minor);
(9) Section 43.25 (Sexual Performance by a Child);
(10) Section 43.251 (Employment Harmful to Children);
(11) Section 43.26 (Possession or Promotion of Child
Pornography); or
(12) Section 43.262 (Possession or Promotion of Lewd
Visual Material Depicting Child).
(b) Except as provided by Subsection (c), in the prosecution
of an offense described by Subsection (a), reputation or opinion
evidence of a victim's past sexual behavior or evidence regarding
specific instances of a victim's past sexual behavior is not
admissible.
(c) Evidence of a specific instance of a victim's past
sexual behavior is admissible if:
(1) the evidence:
(A) is necessary to rebut or explain scientific
or medical evidence offered by the attorney representing the state;
(B) concerns past sexual behavior with the
defendant and is offered by the defendant to prove consent;
(C) relates to the victim's motive or bias;
(D) is admissible under Rule 609, Texas Rules of
Evidence; or
(E) is constitutionally required to be admitted;
and
(2) the probative value of the evidence outweighs the
danger of unfair prejudice.
(d) Before evidence described by Subsection (c) may be
introduced, the defendant must notify the court outside of the
jury's presence. The court shall conduct an in camera hearing to
determine whether the evidence is admissible. The court reporter
shall record the hearing, and the court shall preserve that record
under seal as part of the record in the case.
(e) Before referring to evidence that the court has
determined to be inadmissible, the defendant must, outside of the
jury's presence, request and obtain the court's permission.
SECTION 4.04. Under the terms of Section 22.109(b),
Government Code, Rule 412, Texas Rules of Evidence, is disapproved.
SECTION 4.05. The changes in law and rules made by this
article apply to the admissibility of evidence in a criminal
proceeding that commences on or after the effective date of this
Act. The admissibility of evidence in a criminal proceeding that
commences before the effective date of this Act is governed by the
law and rules in effect on the date the proceeding commenced, and
the former law and rules are continued in effect for that purpose.
ARTICLE 5. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
TRAFFICKING OF PERSONS OR COMPELLED PROSTITUTION
SECTION 5.01. Section 411.0728, Government Code, is amended
to read as follows:
Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
OF PERSONS. (a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision [under Chapter 42A, Code of
Criminal Procedure, after conviction] for an offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2); or
(D) Section 43.02, Penal Code; [or
[(E) Section 43.03(a)(2), Penal Code, if the
offense is punishable as a Class A misdemeanor;] and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision [with respect to whom the
conviction is subsequently set aside by the court under Article
42A.701, Code of Criminal Procedure].
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) [who
satisfies the requirements of Section 411.074] may petition the
court that convicted the person or placed the person on deferred
adjudication community supervision for an order of nondisclosure of
criminal history record information under this section on the
grounds that the person committed the offense solely as a victim of
an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
[trafficking of persons].
(b-1) A petition under Subsection (b) must:
(1) be in writing;
(2) assert that the person seeking an order of
nondisclosure under this section has not previously received an
order of nondisclosure under this section; and
(3) allege specific facts that, if proved, would
establish that the petitioner committed the offense described by
Subsection (a)(1) solely as a victim of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code.
(b-2) A person convicted of or placed on deferred
adjudication community supervision for more than one offense
described by Subsection (a)(1) that the person committed solely as
a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
Code, may request consolidation of the person's petitions for an
order of nondisclosure of criminal history record information in a
district court in the county of the person's most recent conviction
or placement on deferred adjudication community supervision. On
receipt of a request for consolidation, the court shall consolidate
the petitions and exercise jurisdiction over the petitions,
regardless of the county in which the offenses described by
Subsection (a)(1) occurred.
(b-3) On the filing of the petition under Subsection (b),
the clerk of the court shall promptly serve a copy of the petition
and any supporting document on the appropriate office of the
attorney representing the state. If the court consolidates
petitions under Subsection (b-2), the court shall promptly serve a
copy of the consolidated petitions on the appropriate office of
each attorney representing the state. Any response to the petition
by an attorney representing the state must be filed not later than
the 20th business day after the date of service under this
subsection.
(b-4) If the consolidation occurs under Subsection (b-2)
with respect to petitions relating to offenses committed in more
than one county, an attorney representing the state from a county
other than the county in which the consolidating court resides may
appear telephonically or through a video conference call at any
hearing considered necessary by the court.
(c) After notice to the state, an opportunity for a hearing,
a determination by the court that the person has not previously
received an order of nondisclosure under this section, and a
determination by the court that the person committed the offense
described by Subsection (a)(1) solely as a victim of an offense
under Section 20A.02, 20A.03, or 43.05, Penal Code, [trafficking of
persons] and that issuance of the order is in the best interest of
justice, the court shall issue an order prohibiting criminal
justice agencies from disclosing to the public criminal history
record information related to the offense [for which the defendant
was placed on community supervision as described by Subsection
(a)].
(d) A person may petition the court that convicted the
person or placed the person on deferred adjudication community
supervision for an order of nondisclosure of criminal history
record information under this section only on or after the first
anniversary of the date the person:
(1) completed the sentence, including any term of
confinement imposed and payment of all fines, costs, and
restitution imposed; or
(2) received a dismissal and discharge under Article
42A.111, Code of Criminal Procedure, if the person was placed on
deferred adjudication community supervision [person's conviction
is set aside as described by Subsection (a)].
SECTION 5.02. Article 56.021, Code of Criminal Procedure,
is amended by adding Subsection (e) to read as follows:
(e) A victim of an offense under Section 20A.02, 20A.03, or
43.05, Penal Code, is entitled to the right to be informed that the
victim may petition for an order of nondisclosure of criminal
history record information under Section 411.0728, Government
Code, if the victim:
(1) has been convicted of or placed on deferred
adjudication community supervision for an offense described by
Subsection (a)(1) of that section; and
(2) committed that offense solely as a victim of an
offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 5.03. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.033 to read as follows:
Sec. 72.033. FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
office, in consultation with the office of the attorney general,
shall develop and make available an online form for use by a person
in filing a petition for an order of nondisclosure of criminal
history record information under Section 411.0728.
SECTION 5.04. Section 126.004, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A program established under this chapter shall provide
each program participant with information related to an order of
nondisclosure of criminal history record information under Section
411.0728.
SECTION 5.05. Not later than December 1, 2019, the Office of
Court Administration of the Texas Judicial System, in consultation
with the office of the attorney general, shall develop and make
available the online form required by Section 72.033, Government
Code, as added by this article.
ARTICLE 6. REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE SCHOOLS,
AND MASSAGE THERAPISTS
SECTION 6.01. Section 455.152, Occupations Code, is amended
to read as follows:
Sec. 455.152. INELIGIBILITY FOR LICENSE. [(a)] A person is
not eligible for a license as a massage establishment, massage
school, massage therapist, or massage therapy instructor if the
person is an individual and has been convicted of, entered a plea of
nolo contendere or guilty to, or received deferred adjudication for
an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
43, Penal Code, or another sexual offense.
[(b) A person convicted of a violation of this chapter is
ineligible for a license as a massage establishment, massage
school, massage therapist, or massage therapy instructor until the
fifth anniversary of the date of the conviction.]
SECTION 6.02. Section 455.1525, Occupations Code, is
amended to read as follows:
Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
department shall require an applicant for a license to submit a
complete and legible set of fingerprints, on a form prescribed by
the department, to the department or to the Department of Public
Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation [On receipt of an application for a license
under this chapter, the department shall conduct a criminal
background check on the applicant].
(b) The department may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The department shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 6.03. Subchapter D, Chapter 455, Occupations Code,
is amended by adding Section 455.1605 to read as follows:
Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. As required by department rule,
an applicant renewing a license issued under this chapter shall
submit a complete and legible set of fingerprints for purposes of
performing a criminal history record information check of the
applicant as provided by Section 455.1525.
SECTION 6.04. Subchapter D, Chapter 455, Occupations Code,
is amended by adding Section 455.161 to read as follows:
Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The
department shall require a student enrolled in a massage school in
this state to hold a permit stating the student's name and the name
of the school. The permit must be displayed in a reasonable manner
at the school.
(b) The department shall issue a student permit to an
applicant who submits an application to the department for a
student permit accompanied by any required fee.
(c) An applicant for a student permit described by this
section shall:
(1) submit an enrollment application to the department
in a form and manner prescribed by the department; and
(2) satisfy other requirements specified by the
department.
SECTION 6.05. Subchapter E, Chapter 455, Occupations Code,
is amended by adding Section 455.2035 to read as follows:
Sec. 455.2035. REPORTS TO DEPARTMENT. (a) A massage school
shall maintain a monthly progress report regarding each student
attending the school. The report must certify the daily attendance
record of each student and the number of credit hours earned by each
student during the previous month.
(b) On a student's completion of a prescribed course of
instruction, the school shall notify the department that the
student has completed the required number of hours and is eligible
to take the appropriate examination.
SECTION 6.06. Subchapter E, Chapter 455, Occupations Code,
is amended by adding Section 455.207 to read as follows:
Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a)
Each massage establishment and massage school shall display in the
form and manner prescribed by the commission a sign concerning
services and assistance available to victims of human trafficking.
(b) The sign required by this section must include a
toll-free telephone number of a nationally recognized information
and referral hotline for victims of human trafficking.
(c) The commission by rule shall establish requirements
regarding the posting of signs under this section.
SECTION 6.07. Sections 455.251(a) and (c), Occupations
Code, are amended to read as follows:
(a) The commission or executive director may refuse to issue
a license to a person and may [shall] suspend, revoke, or refuse to
renew the license of a person or may [shall] reprimand a person
licensed under this chapter if the person:
(1) obtains or attempts to obtain a license by fraud,
misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or barter a
license;
(3) violates a rule adopted by the commission under
this chapter;
(4) engages in unprofessional conduct as defined by
commission rule that endangers or is likely to endanger the health,
welfare, or safety of the public;
(5) violates an order or ordinance adopted by a
political subdivision under Chapter 243, Local Government Code; or
(6) violates this chapter.
(c) The commission or executive director:
(1) shall revoke the license of a person licensed as a
massage school or massage establishment if the commission or
executive director determines that[:
[(1)] the school or establishment is a sexually
oriented business; and [or]
(2) may revoke the license of a person licensed as a
massage school or massage establishment if the commission or
executive director determines that an offense involving
prostitution or another sexual offense that resulted in a
conviction for the offense, a plea of nolo contendere or guilty to
the offense, or a grant of deferred adjudication for the offense
occurred on the premises of the school or establishment.
SECTION 6.08. Section 455.352(b), Occupations Code, is
amended to read as follows:
(b) An owner or operator of a massage establishment commits
an offense if the person knowingly violates Section 455.151(a),
455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d). An
offense under this subsection is a state jail felony [Class B
misdemeanor], unless the actor has previously been convicted one or
two times of an offense under this subsection, in which event it is
a felony of the third degree [Class A misdemeanor]. If the actor
has previously been convicted three or more times of an offense
under this subsection, the offense is a [state jail] felony of the
second degree.
SECTION 6.09. Section 71.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or children,
solicitation of a minor, forgery, deadly conduct, assault
punishable as a Class A misdemeanor, burglary of a motor vehicle, or
unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05 or 20.06; [or]
(18) any offense under Section 455.352(b),
Occupations Code; or
(19) any offense classified as a felony under the Tax
Code.
SECTION 6.10. Section 455.158, Occupations Code, is
repealed.
SECTION 6.11. Not later than January 1, 2020, the Texas
Commission of Licensing and Regulation shall adopt rules necessary
to implement the changes in law made by this article to Chapter 455,
Occupations Code.
SECTION 6.12. Section 455.1525, Occupations Code, as
amended by this article, and Section 455.1605, Occupations Code, as
added by this article, apply only to an application for the issuance
or renewal of a license submitted on or after January 1, 2020. An
application submitted before that date is governed by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 6.13. (a) In this section, "massage school" has the
meaning assigned by Section 455.001, Occupations Code.
(b) Section 455.161, Occupations Code, as added by this
article, applies to a student who is enrolled in a massage school on
or after January 1, 2020.
(c) The Texas Commission of Licensing and Regulation shall
adopt rules under Section 455.161, Occupations Code, as added by
this article, not later than November 1, 2019.
SECTION 6.14. A massage establishment, as defined by
Section 455.001, Occupations Code, shall comply with Section
455.207, Occupations Code, as added by this article, not later than
January 1, 2020.
SECTION 6.15. The change in law made by this article to
Section 455.251, Occupations Code, applies only to conduct that
occurs on or after the effective date of this Act. Conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 6.16. Section 455.352, Occupations Code, and
Section 71.02, Penal Code, as amended by this article, apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 6.17. (a) Except as provided by Subsection (b) of
this section, this article takes effect September 1, 2019.
(b) Sections 455.161 and 455.2035, Occupations Code, as
added by this article, take effect January 1, 2020.
ARTICLE 7. UNLAWFUL ACTIVITIES ON CERTAIN PROPERTY
SECTION 7.01. Section 93.013(a), Property Code, is amended
to read as follows:
(a) Notwithstanding a provision in a lease to the contrary,
a tenant's right of possession terminates and the landlord has a
right to recover possession of the leased premises if the tenant is
using the premises or allowing the premises to be used for the
purposes of:
(1) prostitution, promotion of prostitution,
aggravated promotion of prostitution, or compelling prostitution,
as prohibited by the Penal Code;
(2) [, or] trafficking of persons as described by
Section 20A.02, Penal Code; or
(3) operating, maintaining, or advertising a massage
establishment, as defined by Section 455.001, Occupations Code,
that is not in compliance with:
(A) Chapter 455, Occupations Code; or
(B) an applicable local ordinance relating to the
licensing or regulation of a massage establishment.
SECTION 7.02. Chapter 93, Property Code, is amended by
adding Section 93.014 to read as follows:
Sec. 93.014. RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL
ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section:
(1) "Multiunit commercial property" means a strip
mall, shopping center, office building, or other similar commercial
property with multiple contiguous or proximate rental units that
are owned or managed as a single property.
(2) "Unlawful activity" means:
(A) prostitution, promotion of prostitution,
aggravated promotion of prostitution, or compelling prostitution,
as prohibited under Chapter 43, Penal Code;
(B) trafficking of persons, as prohibited under
Section 20A.02, Penal Code; or
(C) operating, maintaining, or advertising a
massage establishment, as defined by Section 455.001, Occupations
Code, that is not in compliance with:
(i) Chapter 455, Occupations Code; or
(ii) an applicable local ordinance relating
to the licensing or regulation of a massage establishment.
(b) A landlord of a multiunit commercial property is in
breach of a lease with a tenant if:
(1) the tenant reasonably believes that another tenant
in the same multiunit commercial property is engaging in an
unlawful activity;
(2) the complaining tenant gives the landlord written
notice of the offending tenant's engagement in the unlawful
activity; and
(3) the landlord does not file a forcible detainer
suit against the offending tenant under Section 93.013 before the
30th day after the date the notice is given.
(c) Notwithstanding a provision of the lease to the
contrary, if a landlord is in breach of a tenant's lease under
Subsection (b), the tenant may:
(1) terminate the tenant's rights and obligations
under the lease;
(2) vacate the leased premises; and
(3) avoid liability for future rent and any other sums
due under the lease for terminating the lease and vacating the
premises before the end of the lease term.
SECTION 7.03. The changes in law made by this article apply
only to a commercial lease that is entered into or renewed on or
after the effective date of this Act. A commercial lease that is
entered into or renewed before the effective date of this Act is
governed by the law applicable to the lease immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2019.