Texas 2019 - 86th Regular

Texas House Bill HB3177 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R27729~~ ADM-F
	1	+	86R10550 ADM-F
2	2		By: Smith H.B. No. 3177
3		-	Substitute the following for H.B. No. 3177:
4		-	By: Collier C.S.H.B. No. 3177
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution of the offense of continuous sexual
10		-	abuse of a child or disabled individual; creating a criminal
11		-	offense.
	8	+	abuse of a child or disabled individual.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		ARTICLE I. OFFENSE
14	11		SECTION 1.01. The heading to Section 21.02, Penal Code, is
15	12		amended to read as follows:
16	13		Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR
17	14		DISABLED INDIVIDUAL [CHILDREN].
18	15		SECTION 1.02. Sections 21.02(a), (b), (c), and (g), Penal
19	16		Code, are amended to read as follows:
20	17		(a) In this section:
21	18		(1) "Child" [, "child"] has the meaning assigned by
22	19		Section 22.011(c).
23		-	(2) "Disabled individual" means a person:
24		-	(A) with one or more of the following:
25		-	(i) developmental disability, as defined by
26		-	Section 112.042, Human Resources Code;
27		-	(ii) intellectual disability, as defined by
28		-	Section 591.003, Health and Safety Code; or
29		-	(iii) traumatic brain injury, as defined by
30		-	Section 92.001, Health and Safety Code; or
31		-	(B) who otherwise by reason of age or physical or
32		-	mental disease, defect, or injury is substantially unable to
33		-	protect the person's self from harm or to provide food, shelter, or
34		-	medical care for the person's self.
	20	+	(2) "Disabled individual" has the meaning assigned by
	21	+	Section 22.04(c).
35	22		(b) A person commits an offense if:
36	23		(1) during a period that is 30 or more days in
37	24		duration, the person commits two or more acts of sexual abuse,
38	25		regardless of whether the acts of sexual abuse are committed
39	26		against one or more victims; and
40	27		(2) at the time of the commission of each of the acts
41	28		of sexual abuse, the actor is 17 years of age or older and the victim
42	29		is:
43	30		(A) a child younger than 14 years of age,
44	31		regardless of whether the actor knows the age of the victim at the
45	32		time of the offense; or
46	33		(B) a disabled individual.
47	34		(c) For purposes of this section, "act of sexual abuse"
48	35		means any act that is a violation of one or more of the following
49	36		penal laws:
50	37		(1) aggravated kidnapping under Section 20.04(a)(4),
51	38		if the actor committed the offense with the intent to violate or
52	39		abuse the victim sexually;
53	40		(2) indecency with a child under Section 21.11(a)(1),
54	41		if the actor committed the offense in a manner other than by
55	42		touching, including touching through clothing, the breast of a
56	43		child;
57	44		(3) sexual assault under Section 22.011;
58	45		(4) aggravated sexual assault under Section 22.021;
59	46		(5) burglary under Section 30.02, if the offense is
60	47		punishable under Subsection (d) of that section and the actor
61	48		committed the offense with the intent to commit an offense listed in
62	49		Subdivisions (1)-(4);
63	50		(6) sexual performance by a child under Section 43.25;
64	51		(7) trafficking of persons under Section
65	52		20A.02(a)(3), (4), (7), [20A.02(a)(7)] or (8); and
66	53		(8) compelling prostitution under Section 43.05
67	54		[43.05(a)(2)].
68	55		(g) It is an affirmative defense to prosecution under this
69	56		section with respect to a victim described by Subsection (b)(2)(A)
70	57		that the actor:
71	58		(1) was not more than five years older than any[:
72	59		[(A) the] victim of the offense[, if the offense
73	60		is alleged to have been committed against only one victim; or
74	61		[(B) the youngest victim of the offense, if the
75	62		offense is alleged to have been committed against more than one
76	63		victim];
77	64		(2) did not use duress, force, or a threat against a
78	65		victim at the time of the commission of any of the acts of sexual
79	66		abuse alleged as an element of the offense; and
80	67		(3) at the time of the commission of any of the acts of
81	68		sexual abuse alleged as an element of the offense:
82	69		(A) was not required under Chapter 62, Code of
83	70		Criminal Procedure, to register for life as a sex offender; or
84	71		(B) was not a person who under Chapter 62 had a
85	72		reportable conviction or adjudication for an offense under this
86	73		section or an act of sexual abuse as described by Subsection (c).
87	74		ARTICLE II. CONFORMING AMENDMENTS
88	75		SECTION 2.01. Section 16.0045(a), Civil Practice and
89	76		Remedies Code, is amended to read as follows:
90	77		(a) A person must bring suit for personal injury not later
91	78		than 15 years after the day the cause of action accrues if the
92	79		injury arises as a result of conduct that violates:
93	80		(1) Section 22.011(a)(2), Penal Code (sexual assault
94	81		of a child);
95	82		(2) Section 22.021(a)(1)(B), Penal Code (aggravated
96	83		sexual assault of a child);
97	84		(3) Section 21.02, Penal Code (continuous sexual abuse
98	85		of young child or disabled individual [children]);
99	86		(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
100	87		Section 20A.02(a)(8), Penal Code, involving an activity described
101	88		by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
102	89		with a child trafficked in the manner described by Section
103	90		20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
104	91		(5) Section 43.05(a)(2), Penal Code (compelling
105	92		prostitution by a child); or
106	93		(6) Section 21.11, Penal Code (indecency with a
107	94		child).
108	95		SECTION 2.02. Section 33.013(b), Civil Practice and
109	96		Remedies Code, is amended to read as follows:
110	97		(b) Notwithstanding Subsection (a), each liable defendant
111	98		is, in addition to his liability under Subsection (a), jointly and
112	99		severally liable for the damages recoverable by the claimant under
113	100		Section 33.012 with respect to a cause of action if:
114	101		(1) the percentage of responsibility attributed to the
115	102		defendant with respect to a cause of action is greater than 50
116	103		percent; or
117	104		(2) the defendant, with the specific intent to do harm
118	105		to others, acted in concert with another person to engage in the
119	106		conduct described in the following provisions of the Penal Code and
120	107		in so doing proximately caused the damages legally recoverable by
121	108		the claimant:
122	109		(A) Section 19.02 (murder);
123	110		(B) Section 19.03 (capital murder);
124	111		(C) Section 20.04 (aggravated kidnapping);
125	112		(D) Section 22.02 (aggravated assault);
126	113		(E) Section 22.011 (sexual assault);
127	114		(F) Section 22.021 (aggravated sexual assault);
128	115		(G) Section 22.04 (injury to a child, elderly
129	116		individual, or disabled individual);
130	117		(H) Section 32.21 (forgery);
131	118		(I) Section 32.43 (commercial bribery);
132	119		(J) Section 32.45 (misapplication of fiduciary
133	120		property or property of financial institution);
134	121		(K) Section 32.46 (securing execution of
135	122		document by deception);
136	123		(L) Section 32.47 (fraudulent destruction,
137	124		removal, or concealment of writing);
138	125		(M) conduct described in Chapter 31 the
139	126		punishment level for which is a felony of the third degree or
140	127		higher; or
141	128		(N) Section 21.02 (continuous sexual abuse of
142	129		young child or disabled individual [children]).
143	130		SECTION 2.03. Section 41.008(c), Civil Practice and
144	131		Remedies Code, is amended to read as follows:
145	132		(c) This section does not apply to a cause of action against
146	133		a defendant from whom a plaintiff seeks recovery of exemplary
147	134		damages based on conduct described as a felony in the following
148	135		sections of the Penal Code if, except for Sections 49.07 and 49.08,
149	136		the conduct was committed knowingly or intentionally:
150	137		(1) Section 19.02 (murder);
151	138		(2) Section 19.03 (capital murder);
152	139		(3) Section 20.04 (aggravated kidnapping);
153	140		(4) Section 22.02 (aggravated assault);
154	141		(5) Section 22.011 (sexual assault);
155	142		(6) Section 22.021 (aggravated sexual assault);
156	143		(7) Section 22.04 (injury to a child, elderly
157	144		individual, or disabled individual, but not if the conduct occurred
158	145		while providing health care as defined by Section 74.001);
159	146		(8) Section 32.21 (forgery);
160	147		(9) Section 32.43 (commercial bribery);
161	148		(10) Section 32.45 (misapplication of fiduciary
162	149		property or property of financial institution);
163	150		(11) Section 32.46 (securing execution of document by
164	151		deception);
165	152		(12) Section 32.47 (fraudulent destruction, removal,
166	153		or concealment of writing);
167	154		(13) Chapter 31 (theft) the punishment level for which
168	155		is a felony of the third degree or higher;
169	156		(14) Section 49.07 (intoxication assault);
170	157		(15) Section 49.08 (intoxication manslaughter);
171	158		(16) Section 21.02 (continuous sexual abuse of young
172	159		child or disabled individual [children]); or
173	160		(17) Chapter 20A (trafficking of persons).
174	161		SECTION 2.04. Section 61.0021(a), Civil Practice and
175	162		Remedies Code, is amended to read as follows:
176	163		(a) Notwithstanding any other provision of this code,
177	164		attachment is available to a plaintiff who:
178	165		(1) has general grounds for issuance under Sections
179	166		61.001(2) and (3); and
180	167		(2) institutes a suit for personal injury arising as a
181	168		result of conduct that violates:
182	169		(A) Section 22.011(a)(2), Penal Code (sexual
183	170		assault of a child);
184	171		(B) Section 22.021(a)(1)(B), Penal Code
185	172		(aggravated sexual assault of a child);
186	173		(C) Section 21.02, Penal Code (continuous sexual
187	174		abuse of young child or disabled individual [children]); or
188	175		(D) Section 21.11, Penal Code (indecency with a
189	176		child).
190	177		SECTION 2.05. Section 125.0015(a), Civil Practice and
191	178		Remedies Code, is amended to read as follows:
192	179		(a) A person who maintains a place to which persons
193	180		habitually go for the following purposes and who knowingly
194	181		tolerates the activity and furthermore fails to make reasonable
195	182		attempts to abate the activity maintains a common nuisance:
196	183		(1) discharge of a firearm in a public place as
197	184		prohibited by the Penal Code;
198	185		(2) reckless discharge of a firearm as prohibited by
199	186		the Penal Code;
200	187		(3) engaging in organized criminal activity as a
201	188		member of a combination as prohibited by the Penal Code;
202	189		(4) delivery, possession, manufacture, or use of a
203	190		substance or other item in violation of Chapter 481, Health and
204	191		Safety Code;
205	192		(5) gambling, gambling promotion, or communicating
206	193		gambling information as prohibited by the Penal Code;
207	194		(6) prostitution, promotion of prostitution, or
208	195		aggravated promotion of prostitution as prohibited by the Penal
209	196		Code;
210	197		(7) compelling prostitution as prohibited by the Penal
211	198		Code;
212	199		(8) commercial manufacture, commercial distribution,
213	200		or commercial exhibition of obscene material as prohibited by the
214	201		Penal Code;
215	202		(9) aggravated assault as described by Section 22.02,
216	203		Penal Code;
217	204		(10) sexual assault as described by Section 22.011,
218	205		Penal Code;
219	206		(11) aggravated sexual assault as described by Section
220	207		22.021, Penal Code;
221	208		(12) robbery as described by Section 29.02, Penal
222	209		Code;
223	210		(13) aggravated robbery as described by Section 29.03,
224	211		Penal Code;
225	212		(14) unlawfully carrying a weapon as described by
226	213		Section 46.02, Penal Code;
227	214		(15) murder as described by Section 19.02, Penal Code;
228	215		(16) capital murder as described by Section 19.03,
229	216		Penal Code;
230	217		(17) continuous sexual abuse of young child or
231	218		disabled individual [children] as described by Section 21.02, Penal
232	219		Code;
233	220		(18) massage therapy or other massage services in
234	221		violation of Chapter 455, Occupations Code;
235	222		(19) employing a minor at a sexually oriented business
236	223		as defined by Section 243.002, Local Government Code;
237	224		(20) trafficking of persons as described by Section
238	225		20A.02, Penal Code;
239	226		(21) sexual conduct or performance by a child as
240	227		described by Section 43.25, Penal Code;
241	228		(22) employment harmful to a child as described by
242	229		Section 43.251, Penal Code;
243	230		(23) criminal trespass as described by Section 30.05,
244	231		Penal Code;
245	232		(24) disorderly conduct as described by Section 42.01,
246	233		Penal Code;
247	234		(25) arson as described by Section 28.02, Penal Code;
248	235		(26) criminal mischief as described by Section 28.03,
249	236		Penal Code, that causes a pecuniary loss of $500 or more; or
250	237		(27) a graffiti offense in violation of Section 28.08,
251	238		Penal Code.
252	239		SECTION 2.06. Article 2.32(b), Code of Criminal Procedure,
253	240		is amended to read as follows:
254	241		(b) Unless good cause exists that makes electronic
255	242		recording infeasible, a law enforcement agency shall make a
256	243		complete and contemporaneous electronic recording of any custodial
257	244		interrogation that occurs in a place of detention and is of a person
258	245		suspected of committing or charged with the commission of an
259	246		offense under:
260	247		(1) Section 19.02, Penal Code (murder);
261	248		(2) Section 19.03, Penal Code (capital murder);
262	249		(3) Section 20.03, Penal Code (kidnapping);
263	250		(4) Section 20.04, Penal Code (aggravated
264	251		kidnapping);
265	252		(5) Section 20A.02, Penal Code (trafficking of
266	253		persons);
267	254		(6) Section 20A.03, Penal Code (continuous
268	255		trafficking of persons);
269	256		(7) Section 21.02, Penal Code (continuous sexual abuse
270	257		of young child or disabled individual [children]);
271	258		(8) Section 21.11, Penal Code (indecency with a
272	259		child);
273	260		(9) Section 21.12, Penal Code (improper relationship
274	261		between educator and student);
275	262		(10) Section 22.011, Penal Code (sexual assault);
276	263		(11) Section 22.021, Penal Code (aggravated sexual
277	264		assault); or
278	265		(12) Section 43.25, Penal Code (sexual performance by
279	266		a child).
280	267		SECTION 2.07. Article 12.01, Code of Criminal Procedure, is
281	268		amended to read as follows:
282	269		Art. 12.01. FELONIES. Except as provided in Article 12.03,
283	270		felony indictments may be presented within these limits, and not
284	271		afterward:
285	272		(1) no limitation:
286	273		(A) murder and manslaughter;
287	274		(B) sexual assault under Section 22.011(a)(2),
288	275		Penal Code, or aggravated sexual assault under Section
289	276		22.021(a)(1)(B), Penal Code;
290	277		(C) sexual assault, if:
291	278		(i) during the investigation of the offense
292	279		biological matter is collected and subjected to forensic DNA
293	280		testing and the testing results show that the matter does not match
294	281		the victim or any other person whose identity is readily
295	282		ascertained; or
296	283		(ii) probable cause exists to believe that
297	284		the defendant has committed the same or a similar sexual offense
298	285		against five or more victims;
299	286		(D) continuous sexual abuse of young child or
300	287		disabled individual [children] under Section 21.02, Penal Code;
301	288		(E) indecency with a child under Section 21.11,
302	289		Penal Code;
303	290		(F) an offense involving leaving the scene of an
304	291		accident under Section 550.021, Transportation Code, if the
305	292		accident resulted in the death of a person;
306	293		(G) trafficking of persons under Section
307	294		20A.02(a)(7) or (8), Penal Code;
308	295		(H) continuous trafficking of persons under
309	296		Section 20A.03, Penal Code; or
310	297		(I) compelling prostitution under Section
311	298		43.05(a)(2), Penal Code;
312	299		(2) ten years from the date of the commission of the
313	300		offense:
314	301		(A) theft of any estate, real, personal or mixed,
315	302		by an executor, administrator, guardian or trustee, with intent to
316	303		defraud any creditor, heir, legatee, ward, distributee,
317	304		beneficiary or settlor of a trust interested in such estate;
318	305		(B) theft by a public servant of government
319	306		property over which he exercises control in his official capacity;
320	307		(C) forgery or the uttering, using or passing of
321	308		forged instruments;
322	309		(D) injury to an elderly or disabled individual
323	310		punishable as a felony of the first degree under Section 22.04,
324	311		Penal Code;
325	312		(E) sexual assault, except as provided by
326	313		Subdivision (1);
327	314		(F) arson;
328	315		(G) trafficking of persons under Section
329	316		20A.02(a)(1), (2), (3), or (4), Penal Code; or
330	317		(H) compelling prostitution under Section
331	318		43.05(a)(1), Penal Code;
332	319		(3) seven years from the date of the commission of the
333	320		offense:
334	321		(A) misapplication of fiduciary property or
335	322		property of a financial institution;
336	323		(B) securing execution of document by deception;
337	324		(C) a felony violation under Chapter 162, Tax
338	325		Code;
339	326		(D) false statement to obtain property or credit
340	327		under Section 32.32, Penal Code;
341	328		(E) money laundering;
342	329		(F) credit card or debit card abuse under Section
343	330		32.31, Penal Code;
344	331		(G) fraudulent use or possession of identifying
345	332		information under Section 32.51, Penal Code;
346	333		(H) exploitation of a child, elderly individual,
347	334		or disabled individual under Section 32.53, Penal Code;
348	335		(I) Medicaid fraud under Section 35A.02, Penal
349	336		Code; or
350	337		(J) bigamy under Section 25.01, Penal Code,
351	338		except as provided by Subdivision (6);
352	339		(4) five years from the date of the commission of the
353	340		offense:
354	341		(A) theft or robbery;
355	342		(B) except as provided by Subdivision (5),
356	343		kidnapping or burglary;
357	344		(C) injury to an elderly or disabled individual
358	345		that is not punishable as a felony of the first degree under Section
359	346		22.04, Penal Code;
360	347		(D) abandoning or endangering a child; or
361	348		(E) insurance fraud;
362	349		(5) if the investigation of the offense shows that the
363	350		victim is younger than 17 years of age at the time the offense is
364	351		committed, 20 years from the 18th birthday of the victim of one of
365	352		the following offenses:
366	353		(A) sexual performance by a child under Section
367	354		43.25, Penal Code;
368	355		(B) aggravated kidnapping under Section
369	356		20.04(a)(4), Penal Code, if the defendant committed the offense
370	357		with the intent to violate or abuse the victim sexually; or
371	358		(C) burglary under Section 30.02, Penal Code, if
372	359		the offense is punishable under Subsection (d) of that section and
373	360		the defendant committed the offense with the intent to commit an
374	361		offense described by Subdivision (1)(B) or (D) of this article or
375	362		Paragraph (B) of this subdivision;
376	363		(6) ten years from the 18th birthday of the victim of
377	364		the offense:
378	365		(A) trafficking of persons under Section
379	366		20A.02(a)(5) or (6), Penal Code;
380	367		(B) injury to a child under Section 22.04, Penal
381	368		Code; or
382	369		(C) bigamy under Section 25.01, Penal Code, if
383	370		the investigation of the offense shows that the person, other than
384	371		the legal spouse of the defendant, whom the defendant marries or
385	372		purports to marry or with whom the defendant lives under the
386	373		appearance of being married is younger than 18 years of age at the
387	374		time the offense is committed; or
388	375		(7) three years from the date of the commission of the
389	376		offense: all other felonies.
390	377		SECTION 2.08. Article 17.03(b), Code of Criminal Procedure,
391	378		is amended to read as follows:
392	379		(b) Only the court before whom the case is pending may
393	380		release on personal bond a defendant who:
394	381		(1) is charged with an offense under the following
395	382		sections of the Penal Code:
396	383		(A) Section 19.03 (Capital Murder);
397	384		(B) Section 20.04 (Aggravated Kidnapping);
398	385		(C) Section 22.021 (Aggravated Sexual Assault);
399	386		(D) Section 22.03 (Deadly Assault on Law
400	387		Enforcement or Corrections Officer, Member or Employee of Board of
401	388		Pardons and Paroles, or Court Participant);
402	389		(E) Section 22.04 (Injury to a Child, Elderly
403	390		Individual, or Disabled Individual);
404	391		(F) Section 29.03 (Aggravated Robbery);
405	392		(G) Section 30.02 (Burglary);
406	393		(H) Section 71.02 (Engaging in Organized
407	394		Criminal Activity);
408	395		(I) Section 21.02 (Continuous Sexual Abuse of
409	396		Young Child or Disabled Individual [Children]); or
410	397		(J) Section 20A.03 (Continuous Trafficking of
411	398		Persons);
412	399		(2) is charged with a felony under Chapter 481, Health
413	400		and Safety Code, or Section 485.033, Health and Safety Code,
414	401		punishable by imprisonment for a minimum term or by a maximum fine
415	402		that is more than a minimum term or maximum fine for a first degree
416	403		felony; or
417	404		(3) does not submit to testing for the presence of a
418	405		controlled substance in the defendant's body as requested by the
419	406		court or magistrate under Subsection (c) of this article or submits
420	407		to testing and the test shows evidence of the presence of a
421	408		controlled substance in the defendant's body.
422	409		SECTION 2.09. Article 17.032(a), Code of Criminal
423	410		Procedure, is amended to read as follows:
424	411		(a) In this article, "violent offense" means an offense
425	412		under the following sections of the Penal Code:
426	413		(1) Section 19.02 (murder);
427	414		(2) Section 19.03 (capital murder);
428	415		(3) Section 20.03 (kidnapping);
429	416		(4) Section 20.04 (aggravated kidnapping);
430	417		(5) Section 21.11 (indecency with a child);
431	418		(6) Section 22.01(a)(1) (assault), if the offense
432	419		involved family violence as defined by Section 71.004, Family Code;
433	420		(7) Section 22.011 (sexual assault);
434	421		(8) Section 22.02 (aggravated assault);
435	422		(9) Section 22.021 (aggravated sexual assault);
436	423		(10) Section 22.04 (injury to a child, elderly
437	424		individual, or disabled individual);
438	425		(11) Section 29.03 (aggravated robbery);
439	426		(12) Section 21.02 (continuous sexual abuse of young
440	427		child or disabled individual [children]); or
441	428		(13) Section 20A.03 (continuous trafficking of
442	429		persons).
443	430		SECTION 2.10. Section 1, Article 38.071, Code of Criminal
444	431		Procedure, is amended to read as follows:
445	432		Sec. 1. This article applies only to a hearing or proceeding
446	433		in which the court determines that a child younger than 13 years of
447	434		age would be unavailable to testify in the presence of the defendant
448	435		about an offense defined by any of the following sections of the
449	436		Penal Code:
450	437		(1) Section 19.02 (Murder);
451	438		(2) Section 19.03 (Capital Murder);
452	439		(3) Section 19.04 (Manslaughter);
453	440		(4) Section 20.04 (Aggravated Kidnapping);
454	441		(5) Section 21.11 (Indecency with a Child);
455	442		(6) Section 22.011 (Sexual Assault);
456	443		(7) Section 22.02 (Aggravated Assault);
457	444		(8) Section 22.021 (Aggravated Sexual Assault);
458	445		(9) Section 22.04(e) (Injury to a Child, Elderly
459	446		Individual, or Disabled Individual);
460	447		(10) Section 22.04(f) (Injury to a Child, Elderly
461	448		Individual, or Disabled Individual), if the conduct is committed
462	449		intentionally or knowingly;
463	450		(11) Section 25.02 (Prohibited Sexual Conduct);
464	451		(12) Section 29.03 (Aggravated Robbery);
465	452		(13) Section 43.25 (Sexual Performance by a Child);
466	453		(14) Section 21.02 (Continuous Sexual Abuse of Young
467	454		Child or Disabled Individual [Children]);
468	455		(15) Section 43.05(a)(2) (Compelling Prostitution);
469	456		or
470	457		(16) Section 20A.02(a)(7) or (8) (Trafficking of
471	458		Persons).
472	459		SECTION 2.11. Section 2(a), Article 38.37, Code of Criminal
473	460		Procedure, is amended to read as follows:
474	461		(a) Subsection (b) applies only to the trial of a defendant
475	462		for:
476	463		(1) an offense under any of the following provisions
477	464		of the Penal Code:
478	465		(A) Section 20A.02, if punishable as a felony of
479	466		the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
480	467		Child);
481	468		(B) Section 21.02 (Continuous Sexual Abuse of
482	469		Young Child or Disabled Individual [Children]);
483	470		(C) Section 21.11 (Indecency With a Child);
484	471		(D) Section 22.011(a)(2) (Sexual Assault of a
485	472		Child);
486	473		(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
487	474		Sexual Assault of a Child);
488	475		(F) Section 33.021 (Online Solicitation of a
489	476		Minor);
490	477		(G) Section 43.25 (Sexual Performance by a
491	478		Child); or
492	479		(H) Section 43.26 (Possession or Promotion of
493	480		Child Pornography), Penal Code; or
494	481		(2) an attempt or conspiracy to commit an offense
495	482		described by Subdivision (1).
496	483		SECTION 2.12. Articles 62.001(5) and (6), Code of Criminal
497	484		Procedure, are amended to read as follows:
498	485		(5) "Reportable conviction or adjudication" means a
499	486		conviction or adjudication, including an adjudication of
500	487		delinquent conduct or a deferred adjudication, that, regardless of
501	488		the pendency of an appeal, is a conviction for or an adjudication
502	489		for or based on:
503	490		(A) a violation of Section 21.02 (Continuous
504	491		sexual abuse of young child or disabled individual [children]),
505	492		21.09 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
506	493		assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
507	494		sexual conduct), Penal Code;
508	495		(B) a violation of Section 43.05 (Compelling
509	496		prostitution), 43.25 (Sexual performance by a child), or 43.26
510	497		(Possession or promotion of child pornography), Penal Code;
511	498		(B-1) a violation of Section 43.02
512	499		(Prostitution), Penal Code, if the offense is punishable under
513	500		Subsection (c-1)(3) of that section;
514	501		(C) a violation of Section 20.04(a)(4)
515	502		(Aggravated kidnapping), Penal Code, if the actor committed the
516	503		offense or engaged in the conduct with intent to violate or abuse
517	504		the victim sexually;
518	505		(D) a violation of Section 30.02 (Burglary),
519	506		Penal Code, if the offense or conduct is punishable under
520	507		Subsection (d) of that section and the actor committed the offense
521	508		or engaged in the conduct with intent to commit a felony listed in
522	509		Paragraph (A) or (C);
523	510		(E) a violation of Section 20.02 (Unlawful
524	511		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
525	512		Penal Code, if, as applicable:
526	513		(i) the judgment in the case contains an
527	514		affirmative finding under Article 42.015; or
528	515		(ii) the order in the hearing or the papers
529	516		in the case contain an affirmative finding that the victim or
530	517		intended victim was younger than 17 years of age;
531	518		(F) the second violation of Section 21.08
532	519		(Indecent exposure), Penal Code, but not if the second violation
533	520		results in a deferred adjudication;
534	521		(G) an attempt, conspiracy, or solicitation, as
535	522		defined by Chapter 15, Penal Code, to commit an offense or engage in
536	523		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
537	524		(H) a violation of the laws of another state,
538	525		federal law, the laws of a foreign country, or the Uniform Code of
539	526		Military Justice for or based on the violation of an offense
540	527		containing elements that are substantially similar to the elements
541	528		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
542	529		(G), (J), (K), or (L), but not if the violation results in a
543	530		deferred adjudication;
544	531		(I) the second violation of the laws of another
545	532		state, federal law, the laws of a foreign country, or the Uniform
546	533		Code of Military Justice for or based on the violation of an offense
547	534		containing elements that are substantially similar to the elements
548	535		of the offense of indecent exposure, but not if the second violation
549	536		results in a deferred adjudication;
550	537		(J) a violation of Section 33.021 (Online
551	538		solicitation of a minor), Penal Code;
552	539		(K) a violation of Section 20A.02(a)(3), (4),
553	540		(7), or (8) (Trafficking of persons), Penal Code; or
554	541		(L) a violation of Section 20A.03 (Continuous
555	542		trafficking of persons), Penal Code, if the offense is based partly
556	543		or wholly on conduct that constitutes an offense under Section
557	544		20A.02(a)(3), (4), (7), or (8) of that code.
558	545		(6) "Sexually violent offense" means any of the
559	546		following offenses committed by a person 17 years of age or older:
560	547		(A) an offense under Section 21.02 (Continuous
561	548		sexual abuse of young child or disabled individual [children]),
562	549		21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or
563	550		22.021 (Aggravated sexual assault), Penal Code;
564	551		(B) an offense under Section 43.25 (Sexual
565	552		performance by a child), Penal Code;
566	553		(C) an offense under Section 20.04(a)(4)
567	554		(Aggravated kidnapping), Penal Code, if the defendant committed the
568	555		offense with intent to violate or abuse the victim sexually;
569	556		(D) an offense under Section 30.02 (Burglary),
570	557		Penal Code, if the offense is punishable under Subsection (d) of
571	558		that section and the defendant committed the offense with intent to
572	559		commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
573	560		or
574	561		(E) an offense under the laws of another state,
575	562		federal law, the laws of a foreign country, or the Uniform Code of
576	563		Military Justice if the offense contains elements that are
577	564		substantially similar to the elements of an offense listed under
578	565		Paragraph (A), (B), (C), or (D).
579	566		SECTION 2.13. Article 66.102(h), Code of Criminal
580	567		Procedure, is amended to read as follows:
581	568		(h) In addition to the information described by this
582	569		article, information in the computerized criminal history system
583	570		must include the age of the victim of the offense if the offender
584	571		was arrested for or charged with an offense under the following
585	572		provisions of the Penal Code:
586	573		(1) Section 20.04(a)(4) (Aggravated Kidnapping), if
587	574		the offender committed the offense with the intent to violate or
588	575		abuse the victim sexually;
589	576		(2) Section 20A.02 (Trafficking of Persons), if the
590	577		offender:
591	578		(A) trafficked a person with the intent or
592	579		knowledge that the person would engage in sexual conduct, as
593	580		defined by Section 43.25, Penal Code; or
594	581		(B) benefited from participating in a venture
595	582		that involved a trafficked person engaging in sexual conduct, as
596	583		defined by Section 43.25, Penal Code;
597	584		(3) Section 21.02 (Continuous Sexual Abuse of Young
598	585		Child or Disabled Individual [Children]);
599	586		(4) Section 21.11 (Indecency with a Child);
600	587		(5) Section 22.011 (Sexual Assault) or 22.021
601	588		(Aggravated Sexual Assault);
602	589		(6) Section 30.02 (Burglary), if the offense is
603	590		punishable under Subsection (d) of that section and the offender
604	591		committed the offense with the intent to commit an offense
605	592		described by Subdivision (1), (4), or (5);
606	593		(7) Section 43.05(a)(2) (Compelling Prostitution); or
607	594		(8) Section 43.25 (Sexual Performance by a Child).
608	595		SECTION 2.14. Section 25.0341(a), Education Code, is
609	596		amended to read as follows:
610	597		(a) This section applies only to:
611	598		(1) a student:
612	599		(A) who has been convicted of continuous sexual
613	600		abuse of young child or disabled individual [children] under
614	601		Section 21.02, Penal Code, or convicted of or placed on deferred
615	602		adjudication for the offense of sexual assault under Section
616	603		22.011, Penal Code, or aggravated sexual assault under Section
617	604		22.021, Penal Code, committed against another student who, at the
618	605		time the offense occurred, was assigned to the same campus as the
619	606		student convicted or placed on deferred adjudication;
620	607		(B) who has been adjudicated under Section 54.03,
621	608		Family Code, as having engaged in conduct described by Paragraph
622	609		(A);
623	610		(C) whose prosecution under Section 53.03,
624	611		Family Code, for engaging in conduct described by Paragraph (A) has
625	612		been deferred; or
626	613		(D) who has been placed on probation under
627	614		Section 54.04(d)(1), Family Code, for engaging in conduct described
628	615		by Paragraph (A); and
629	616		(2) a student who is the victim of conduct described by
630	617		Subdivision (1)(A).
631	618		SECTION 2.15. Section 37.007(a), Education Code, is amended
632	619		to read as follows:
633	620		(a) Except as provided by Subsection (k), a student shall be
634	621		expelled from a school if the student, on school property or while
635	622		attending a school-sponsored or school-related activity on or off
636	623		of school property:
637	624		(1) engages in conduct that contains the elements of
638	625		the offense of unlawfully carrying weapons under Section 46.02,
639	626		Penal Code, or elements of an offense relating to prohibited
640	627		weapons under Section 46.05, Penal Code;
641	628		(2) engages in conduct that contains the elements of
642	629		the offense of:
643	630		(A) aggravated assault under Section 22.02,
644	631		Penal Code, sexual assault under Section 22.011, Penal Code, or
645	632		aggravated sexual assault under Section 22.021, Penal Code;
646	633		(B) arson under Section 28.02, Penal Code;
647	634		(C) murder under Section 19.02, Penal Code,
648	635		capital murder under Section 19.03, Penal Code, or criminal
649	636		attempt, under Section 15.01, Penal Code, to commit murder or
650	637		capital murder;
651	638		(D) indecency with a child under Section 21.11,
652	639		Penal Code;
653	640		(E) aggravated kidnapping under Section 20.04,
654	641		Penal Code;
655	642		(F) aggravated robbery under Section 29.03,
656	643		Penal Code;
657	644		(G) manslaughter under Section 19.04, Penal
658	645		Code;
659	646		(H) criminally negligent homicide under Section
660	647		19.05, Penal Code; or
661	648		(I) continuous sexual abuse of young child or
662	649		disabled individual [children] under Section 21.02, Penal Code; or
663	650		(3) engages in conduct specified by Section
664	651		37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
665	652		SECTION 2.16. Section 161.001(b), Family Code, is amended
666	653		to read as follows:
667	654		(b) The court may order termination of the parent-child
668	655		relationship if the court finds by clear and convincing evidence:
669	656		(1) that the parent has:
670	657		(A) voluntarily left the child alone or in the
671	658		possession of another not the parent and expressed an intent not to
672	659		return;
673	660		(B) voluntarily left the child alone or in the
674	661		possession of another not the parent without expressing an intent
675	662		to return, without providing for the adequate support of the child,
676	663		and remained away for a period of at least three months;
677	664		(C) voluntarily left the child alone or in the
678	665		possession of another without providing adequate support of the
679	666		child and remained away for a period of at least six months;
680	667		(D) knowingly placed or knowingly allowed the
681	668		child to remain in conditions or surroundings which endanger the
682	669		physical or emotional well-being of the child;
683	670		(E) engaged in conduct or knowingly placed the
684	671		child with persons who engaged in conduct which endangers the
685	672		physical or emotional well-being of the child;
686	673		(F) failed to support the child in accordance
687	674		with the parent's ability during a period of one year ending within
688	675		six months of the date of the filing of the petition;
689	676		(G) abandoned the child without identifying the
690	677		child or furnishing means of identification, and the child's
691	678		identity cannot be ascertained by the exercise of reasonable
692	679		diligence;
693	680		(H) voluntarily, and with knowledge of the
694	681		pregnancy, abandoned the mother of the child beginning at a time
695	682		during her pregnancy with the child and continuing through the
696	683		birth, failed to provide adequate support or medical care for the
697	684		mother during the period of abandonment before the birth of the
698	685		child, and remained apart from the child or failed to support the
699	686		child since the birth;
700	687		(I) contumaciously refused to submit to a
701	688		reasonable and lawful order of a court under Subchapter D, Chapter
702	689		261;
703	690		(J) been the major cause of:
704	691		(i) the failure of the child to be enrolled
705	692		in school as required by the Education Code; or
706	693		(ii) the child's absence from the child's
707	694		home without the consent of the parents or guardian for a
708	695		substantial length of time or without the intent to return;
709	696		(K) executed before or after the suit is filed an
710	697		unrevoked or irrevocable affidavit of relinquishment of parental
711	698		rights as provided by this chapter;
712	699		(L) been convicted or has been placed on
713	700		community supervision, including deferred adjudication community
714	701		supervision, for being criminally responsible for the death or
715	702		serious injury of a child under the following sections of the Penal
716	703		Code, or under a law of another jurisdiction that contains elements
717	704		that are substantially similar to the elements of an offense under
718	705		one of the following Penal Code sections, or adjudicated under
719	706		Title 3 for conduct that caused the death or serious injury of a
720	707		child and that would constitute a violation of one of the following
721	708		Penal Code sections:
722	709		(i) Section 19.02 (murder);
723	710		(ii) Section 19.03 (capital murder);
724	711		(iii) Section 19.04 (manslaughter);
725	712		(iv) Section 21.11 (indecency with a
726	713		child);
727	714		(v) Section 22.01 (assault);
728	715		(vi) Section 22.011 (sexual assault);
729	716		(vii) Section 22.02 (aggravated assault);
730	717		(viii) Section 22.021 (aggravated sexual
731	718		assault);
732	719		(ix) Section 22.04 (injury to a child,
733	720		elderly individual, or disabled individual);
734	721		(x) Section 22.041 (abandoning or
735	722		endangering child);
736	723		(xi) Section 25.02 (prohibited sexual
737	724		conduct);
738	725		(xii) Section 43.25 (sexual performance by
739	726		a child);
740	727		(xiii) Section 43.26 (possession or
741	728		promotion of child pornography);
742	729		(xiv) Section 21.02 (continuous sexual
743	730		abuse of young child or disabled individual [children]);
744	731		(xv) Section 20A.02(a)(7) or (8)
745	732		(trafficking of persons); and
746	733		(xvi) Section 43.05(a)(2) (compelling
747	734		prostitution);
748	735		(M) had his or her parent-child relationship
749	736		terminated with respect to another child based on a finding that the
750	737		parent's conduct was in violation of Paragraph (D) or (E) or
751	738		substantially equivalent provisions of the law of another state;
752	739		(N) constructively abandoned the child who has
753	740		been in the permanent or temporary managing conservatorship of the
754	741		Department of Family and Protective Services for not less than six
755	742		months, and:
756	743		(i) the department has made reasonable
757	744		efforts to return the child to the parent;
758	745		(ii) the parent has not regularly visited
759	746		or maintained significant contact with the child; and
760	747		(iii) the parent has demonstrated an
761	748		inability to provide the child with a safe environment;
762	749		(O) failed to comply with the provisions of a
763	750		court order that specifically established the actions necessary for
764	751		the parent to obtain the return of the child who has been in the
765	752		permanent or temporary managing conservatorship of the Department
766	753		of Family and Protective Services for not less than nine months as a
767	754		result of the child's removal from the parent under Chapter 262 for
768	755		the abuse or neglect of the child;
769	756		(P) used a controlled substance, as defined by
770	757		Chapter 481, Health and Safety Code, in a manner that endangered the
771	758		health or safety of the child, and:
772	759		(i) failed to complete a court-ordered
773	760		substance abuse treatment program; or
774	761		(ii) after completion of a court-ordered
775	762		substance abuse treatment program, continued to abuse a controlled
776	763		substance;
777	764		(Q) knowingly engaged in criminal conduct that
778	765		has resulted in the parent's:
779	766		(i) conviction of an offense; and
780	767		(ii) confinement or imprisonment and
781	768		inability to care for the child for not less than two years from the
782	769		date of filing the petition;
783	770		(R) been the cause of the child being born
784	771		addicted to alcohol or a controlled substance, other than a
785	772		controlled substance legally obtained by prescription;
786	773		(S) voluntarily delivered the child to a
787	774		designated emergency infant care provider under Section 262.302
788	775		without expressing an intent to return for the child;
789	776		(T) been convicted of:
790	777		(i) the murder of the other parent of the
791	778		child under Section 19.02 or 19.03, Penal Code, or under a law of
792	779		another state, federal law, the law of a foreign country, or the
793	780		Uniform Code of Military Justice that contains elements that are
794	781		substantially similar to the elements of an offense under Section
795	782		19.02 or 19.03, Penal Code;
796	783		(ii) criminal attempt under Section 15.01,
797	784		Penal Code, or under a law of another state, federal law, the law of
798	785		a foreign country, or the Uniform Code of Military Justice that
799	786		contains elements that are substantially similar to the elements of
800	787		an offense under Section 15.01, Penal Code, to commit the offense
801	788		described by Subparagraph (i);
802	789		(iii) criminal solicitation under Section
803	790		15.03, Penal Code, or under a law of another state, federal law, the
804	791		law of a foreign country, or the Uniform Code of Military Justice
805	792		that contains elements that are substantially similar to the
806	793		elements of an offense under Section 15.03, Penal Code, of the
807	794		offense described by Subparagraph (i); or
808	795		(iv) the sexual assault of the other parent
809	796		of the child under Section 22.011 or 22.021, Penal Code, or under a
810	797		law of another state, federal law, or the Uniform Code of Military
811	798		Justice that contains elements that are substantially similar to
812	799		the elements of an offense under Section 22.011 or 22.021, Penal
813	800		Code; or
814	801		(U) been placed on community supervision,
815	802		including deferred adjudication community supervision, or another
816	803		functionally equivalent form of community supervision or
817	804		probation, for being criminally responsible for the sexual assault
818	805		of the other parent of the child under Section 22.011 or 22.021,
819	806		Penal Code, or under a law of another state, federal law, or the
820	807		Uniform Code of Military Justice that contains elements that are
821	808		substantially similar to the elements of an offense under Section
822	809		22.011 or 22.021, Penal Code; and
823	810		(2) that termination is in the best interest of the
824	811		child.
825	812		SECTION 2.17. Section 261.001(1), Family Code, is amended
826	813		to read as follows:
827	814		(1) "Abuse" includes the following acts or omissions
828	815		by a person:
829	816		(A) mental or emotional injury to a child that
830	817		results in an observable and material impairment in the child's
831	818		growth, development, or psychological functioning;
832	819		(B) causing or permitting the child to be in a
833	820		situation in which the child sustains a mental or emotional injury
834	821		that results in an observable and material impairment in the
835	822		child's growth, development, or psychological functioning;
836	823		(C) physical injury that results in substantial
837	824		harm to the child, or the genuine threat of substantial harm from
838	825		physical injury to the child, including an injury that is at
839	826		variance with the history or explanation given and excluding an
840	827		accident or reasonable discipline by a parent, guardian, or
841	828		managing or possessory conservator that does not expose the child
842	829		to a substantial risk of harm;
843	830		(D) failure to make a reasonable effort to
844	831		prevent an action by another person that results in physical injury
845	832		that results in substantial harm to the child;
846	833		(E) sexual conduct harmful to a child's mental,
847	834		emotional, or physical welfare, including conduct that constitutes
848	835		the offense of continuous sexual abuse of young child or disabled
849	836		individual [children] under Section 21.02, Penal Code, indecency
850	837		with a child under Section 21.11, Penal Code, sexual assault under
851	838		Section 22.011, Penal Code, or aggravated sexual assault under
852	839		Section 22.021, Penal Code;
853	840		(F) failure to make a reasonable effort to
854	841		prevent sexual conduct harmful to a child;
855	842		(G) compelling or encouraging the child to engage
856	843		in sexual conduct as defined by Section 43.01, Penal Code,
857	844		including compelling or encouraging the child in a manner that
858	845		constitutes an offense of trafficking of persons under Section
859	846		20A.02(a)(7) or (8), Penal Code, prostitution under Section
860	847		43.02(b), Penal Code, or compelling prostitution under Section
861	848		43.05(a)(2), Penal Code;
862	849		(H) causing, permitting, encouraging, engaging
863	850		in, or allowing the photographing, filming, or depicting of the
864	851		child if the person knew or should have known that the resulting
865	852		photograph, film, or depiction of the child is obscene as defined by
866	853		Section 43.21, Penal Code, or pornographic;
867	854		(I) the current use by a person of a controlled
868	855		substance as defined by Chapter 481, Health and Safety Code, in a
869	856		manner or to the extent that the use results in physical, mental, or
870	857		emotional injury to a child;
871	858		(J) causing, expressly permitting, or
872	859		encouraging a child to use a controlled substance as defined by
873	860		Chapter 481, Health and Safety Code;
874	861		(K) causing, permitting, encouraging, engaging
875	862		in, or allowing a sexual performance by a child as defined by
876	863		Section 43.25, Penal Code;
877	864		(L) knowingly causing, permitting, encouraging,
878	865		engaging in, or allowing a child to be trafficked in a manner
879	866		punishable as an offense under Section 20A.02(a)(5), (6), (7), or
880	867		(8), Penal Code, or the failure to make a reasonable effort to
881	868		prevent a child from being trafficked in a manner punishable as an
882	869		offense under any of those sections; or
883	870		(M) forcing or coercing a child to enter into a
884	871		marriage.
885	872		SECTION 2.18. Section 262.2015(b), Family Code, is amended
886	873		to read as follows:
887	874		(b) The court may find under Subsection (a) that a parent
888	875		has subjected the child to aggravated circumstances if:
889	876		(1) the parent abandoned the child without
890	877		identification or a means for identifying the child;
891	878		(2) the child or another child of the parent is a
892	879		victim of serious bodily injury or sexual abuse inflicted by the
893	880		parent or by another person with the parent's consent;
894	881		(3) the parent has engaged in conduct against the
895	882		child or another child of the parent that would constitute an
896	883		offense under the following provisions of the Penal Code:
897	884		(A) Section 19.02 (murder);
898	885		(B) Section 19.03 (capital murder);
899	886		(C) Section 19.04 (manslaughter);
900	887		(D) Section 21.11 (indecency with a child);
901	888		(E) Section 22.011 (sexual assault);
902	889		(F) Section 22.02 (aggravated assault);
903	890		(G) Section 22.021 (aggravated sexual assault);
904	891		(H) Section 22.04 (injury to a child, elderly
905	892		individual, or disabled individual);
906	893		(I) Section 22.041 (abandoning or endangering
907	894		child);
908	895		(J) Section 25.02 (prohibited sexual conduct);
909	896		(K) Section 43.25 (sexual performance by a
910	897		child);
911	898		(L) Section 43.26 (possession or promotion of
912	899		child pornography);
913	900		(M) Section 21.02 (continuous sexual abuse of
914	901		young child or disabled individual [children]);
915	902		(N) Section 43.05(a)(2) (compelling
916	903		prostitution); or
917	904		(O) Section 20A.02(a)(7) or (8) (trafficking of
918	905		persons);
919	906		(4) the parent voluntarily left the child alone or in
920	907		the possession of another person not the parent of the child for at
921	908		least six months without expressing an intent to return and without
922	909		providing adequate support for the child;
923	910		(5) the parent's parental rights with regard to
924	911		another child have been involuntarily terminated based on a finding
925	912		that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
926	913		or a substantially equivalent provision of another state's law;
927	914		(6) the parent has been convicted for:
928	915		(A) the murder of another child of the parent and
929	916		the offense would have been an offense under 18 U.S.C. Section
930	917		1111(a) if the offense had occurred in the special maritime or
931	918		territorial jurisdiction of the United States;
932	919		(B) the voluntary manslaughter of another child
933	920		of the parent and the offense would have been an offense under 18
934	921		U.S.C. Section 1112(a) if the offense had occurred in the special
935	922		maritime or territorial jurisdiction of the United States;
936	923		(C) aiding or abetting, attempting, conspiring,
937	924		or soliciting an offense under Paragraph (A) or (B); or
938	925		(D) the felony assault of the child or another
939	926		child of the parent that resulted in serious bodily injury to the
940	927		child or another child of the parent;
941	928		(7) the parent's parental rights with regard to
942	929		another child of the parent have been involuntarily terminated; or
943	930		(8) the parent is required under any state or federal
944	931		law to register with a sex offender registry.
945	932		SECTION 2.19. Section 499.027(b), Government Code, is
946	933		amended to read as follows:
947	934		(b) An inmate is not eligible under this subchapter to be
948	935		considered for release to intensive supervision parole if:
949	936		(1) the inmate is awaiting transfer to the
950	937		institutional division, or serving a sentence, for an offense for
951	938		which the judgment contains an affirmative finding under Article
952	939		42A.054(c) or (d), Code of Criminal Procedure;
953	940		(2) the inmate is awaiting transfer to the
954	941		institutional division, or serving a sentence, for an offense
955	942		listed in one of the following sections of the Penal Code:
956	943		(A) Section 19.02 (murder);
957	944		(B) Section 19.03 (capital murder);
958	945		(C) Section 19.04 (manslaughter);
959	946		(D) Section 20.03 (kidnapping);
960	947		(E) Section 20.04 (aggravated kidnapping);
961	948		(F) Section 21.11 (indecency with a child);
962	949		(G) Section 22.011 (sexual assault);
963	950		(H) Section 22.02 (aggravated assault);
964	951		(I) Section 22.021 (aggravated sexual assault);
965	952		(J) Section 22.04 (injury to a child, elderly
966	953		individual, or disabled individual);
967	954		(K) Section 25.02 (prohibited sexual conduct);
968	955		(L) Section 25.08 (sale or purchase of a child);
969	956		(M) Section 28.02 (arson);
970	957		(N) Section 29.02 (robbery);
971	958		(O) Section 29.03 (aggravated robbery);
972	959		(P) Section 30.02 (burglary), if the offense is
973	960		punished as a first-degree felony under that section;
974	961		(Q) Section 43.04 (aggravated promotion of
975	962		prostitution);
976	963		(R) Section 43.05 (compelling prostitution);
977	964		(S) Section 43.24 (sale, distribution, or
978	965		display of harmful material to minor);
979	966		(T) Section 43.25 (sexual performance by a
980	967		child);
981	968		(U) Section 46.10 (deadly weapon in penal
982	969		institution);
983	970		(V) Section 15.01 (criminal attempt), if the
984	971		offense attempted is listed in this subsection;
985	972		(W) Section 15.02 (criminal conspiracy), if the
986	973		offense that is the subject of the conspiracy is listed in this
987	974		subsection;
988	975		(X) Section 15.03 (criminal solicitation), if
989	976		the offense solicited is listed in this subsection;
990	977		(Y) Section 21.02 (continuous sexual abuse of
991	978		young child or disabled individual [children]);
992	979		(Z) Section 20A.02 (trafficking of persons); or
993	980		(AA) Section 20A.03 (continuous trafficking of
994	981		persons); or
995	982		(3) the inmate is awaiting transfer to the
996	983		institutional division, or serving a sentence, for an offense under
997	984		Chapter 481, Health and Safety Code, punishable by a minimum term of
998	985		imprisonment or a maximum fine that is greater than the minimum term
999	986		of imprisonment or the maximum fine for a first degree felony.
1000	987		SECTION 2.20. Section 824.009(a), Government Code, is
1001	988		amended to read as follows:
1002	989		(a) In this section, "qualifying felony" means an offense
1003	990		that is punishable as a felony under the following sections of the
1004	991		Penal Code:
1005	992		(1) Section 21.02 (continuous sexual abuse of young
1006	993		child or disabled individual [children]);
1007	994		(2) Section 21.12 (improper relationship between
1008	995		educator and student); or
1009	996		(3) Section 22.011 (sexual assault) or Section 22.021
1010	997		(aggravated sexual assault).
1011	998		SECTION 2.21. Section 250.006(a), Health and Safety Code,
1012	999		is amended to read as follows:
1013	1000		(a) A person for whom the facility or the individual
1014	1001		employer is entitled to obtain criminal history record information
1015	1002		may not be employed in a facility or by an individual employer if
1016	1003		the person has been convicted of an offense listed in this
1017	1004		subsection:
1018	1005		(1) an offense under Chapter 19, Penal Code (criminal
1019	1006		homicide);
1020	1007		(2) an offense under Chapter 20, Penal Code
1021	1008		(kidnapping, unlawful restraint, and smuggling of persons);
1022	1009		(3) an offense under Section 21.02, Penal Code
1023	1010		(continuous sexual abuse of young child or disabled individual
1024	1011		[children]), or Section 21.11, Penal Code (indecency with a child);
1025	1012		(4) an offense under Section 22.011, Penal Code
1026	1013		(sexual assault);
1027	1014		(5) an offense under Section 22.02, Penal Code
1028	1015		(aggravated assault);
1029	1016		(6) an offense under Section 22.04, Penal Code (injury
1030	1017		to a child, elderly individual, or disabled individual);
1031	1018		(7) an offense under Section 22.041, Penal Code
1032	1019		(abandoning or endangering child);
1033	1020		(8) an offense under Section 22.08, Penal Code (aiding
1034	1021		suicide);
1035	1022		(9) an offense under Section 25.031, Penal Code
1036	1023		(agreement to abduct from custody);
1037	1024		(10) an offense under Section 25.08, Penal Code (sale
1038	1025		or purchase of child);
1039	1026		(11) an offense under Section 28.02, Penal Code
1040	1027		(arson);
1041	1028		(12) an offense under Section 29.02, Penal Code
1042	1029		(robbery);
1043	1030		(13) an offense under Section 29.03, Penal Code
1044	1031		(aggravated robbery);
1045	1032		(14) an offense under Section 21.08, Penal Code
1046	1033		(indecent exposure);
1047	1034		(15) an offense under Section 21.12, Penal Code
1048	1035		(improper relationship between educator and student);
1049	1036		(16) an offense under Section 21.15, Penal Code
1050	1037		(improper photography or visual recording);
1051	1038		(17) an offense under Section 22.05, Penal Code
1052	1039		(deadly conduct);
1053	1040		(18) an offense under Section 22.021, Penal Code
1054	1041		(aggravated sexual assault);
1055	1042		(19) an offense under Section 22.07, Penal Code
1056	1043		(terroristic threat);
1057	1044		(20) an offense under Section 32.53, Penal Code
1058	1045		(exploitation of child, elderly individual, or disabled
1059	1046		individual);
1060	1047		(21) an offense under Section 33.021, Penal Code
1061	1048		(online solicitation of a minor);
1062	1049		(22) an offense under Section 34.02, Penal Code (money
1063	1050		laundering);
1064	1051		(23) an offense under Section 35A.02, Penal Code
1065	1052		(Medicaid fraud);
1066	1053		(24) an offense under Section 36.06, Penal Code
1067	1054		(obstruction or retaliation);
1068	1055		(25) an offense under Section 42.09, Penal Code
1069	1056		(cruelty to livestock animals), or under Section 42.092, Penal Code
1070	1057		(cruelty to nonlivestock animals); or
1071	1058		(26) a conviction under the laws of another state,
1072	1059		federal law, or the Uniform Code of Military Justice for an offense
1073	1060		containing elements that are substantially similar to the elements
1074	1061		of an offense listed by this subsection.
1075	1062		SECTION 2.22. Section 164.0595(a), Occupations Code, is
1076	1063		amended to read as follows:
1077	1064		(a) A disciplinary panel appointed under Section 164.059
1078	1065		may suspend or restrict the license of a person arrested for an
1079	1066		offense under:
1080	1067		(1) Section 22.011(a)(2), Penal Code (sexual assault
1081	1068		of a child);
1082	1069		(2) Section 22.021(a)(1)(B), Penal Code (aggravated
1083	1070		sexual assault of a child);
1084	1071		(3) Section 21.02, Penal Code (continuous sexual abuse
1085	1072		of a young child or disabled individual [children]); or
1086	1073		(4) Section 21.11, Penal Code (indecency with a
1087	1074		child).
1088	1075		SECTION 2.23. Section 164.102(b), Occupations Code, is
1089	1076		amended to read as follows:
1090	1077		(b) Except on an express determination, based on
1091	1078		substantial evidence, that granting probation is in the best
1092	1079		interests of the public and of the person whose license has been
1093	1080		suspended, revoked, or canceled, the board may not grant probation
1094	1081		to a person whose license has been canceled, revoked, or suspended
1095	1082		because of a felony conviction under:
1096	1083		(1) Chapter 481 or 483, Health and Safety Code;
1097	1084		(2) Section 485.033, Health and Safety Code;
1098	1085		(3) the Comprehensive Drug Abuse Prevention and
1099	1086		Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
1100	1087		(4) any of the following sections of the Penal Code:
1101	1088		(A) Section 22.011(a)(2) (sexual assault of a
1102	1089		child);
1103	1090		(B) Section 22.021(a)(1)(B) (aggravated sexual
1104	1091		assault of a child);
1105	1092		(C) Section 21.02 (continuous sexual abuse of a
1106	1093		young child or disabled individual [children]); or
1107	1094		(D) Section 21.11 (indecency with a child).
1108	1095		SECTION 2.24. Section 301.4535(a), Occupations Code, is
1109	1096		amended to read as follows:
1110	1097		(a) The board shall suspend a nurse's license or refuse to
1111	1098		issue a license to an applicant on proof that the nurse or applicant
1112	1099		has been initially convicted of:
1113	1100		(1) murder under Section 19.02, Penal Code, capital
1114	1101		murder under Section 19.03, Penal Code, or manslaughter under
1115	1102		Section 19.04, Penal Code;
1116	1103		(2) kidnapping or unlawful restraint under Chapter 20,
1117	1104		Penal Code, and the offense was punished as a felony or state jail
1118	1105		felony;
1119	1106		(3) sexual assault under Section 22.011, Penal Code;
1120	1107		(4) aggravated sexual assault under Section 22.021,
1121	1108		Penal Code;
1122	1109		(5) continuous sexual abuse of young child or disabled
1123	1110		individual [children] under Section 21.02, Penal Code, or indecency
1124	1111		with a child under Section 21.11, Penal Code;
1125	1112		(6) aggravated assault under Section 22.02, Penal
1126	1113		Code;
1127	1114		(7) intentionally, knowingly, or recklessly injuring
1128	1115		a child, elderly individual, or disabled individual under Section
1129	1116		22.04, Penal Code;
1130	1117		(8) intentionally, knowingly, or recklessly
1131	1118		abandoning or endangering a child under Section 22.041, Penal Code;
1132	1119		(9) aiding suicide under Section 22.08, Penal Code,
1133	1120		and the offense was punished as a state jail felony;
1134	1121		(10) an offense involving a violation of certain court
1135	1122		orders or conditions of bond under Section 25.07, 25.071, or
1136	1123		25.072, Penal Code, punished as a felony;
1137	1124		(11) an agreement to abduct a child from custody under
1138	1125		Section 25.031, Penal Code;
1139	1126		(12) the sale or purchase of a child under Section
1140	1127		25.08, Penal Code;
1141	1128		(13) robbery under Section 29.02, Penal Code;
1142	1129		(14) aggravated robbery under Section 29.03, Penal
1143	1130		Code;
1144	1131		(15) an offense for which a defendant is required to
1145	1132		register as a sex offender under Chapter 62, Code of Criminal
1146	1133		Procedure; or
1147	1134		(16) an offense under the law of another state,
1148	1135		federal law, or the Uniform Code of Military Justice that contains
1149	1136		elements that are substantially similar to the elements of an
1150	1137		offense listed in this subsection.
1151	1138		SECTION 2.25. Section 20A.02(a), Penal Code, is amended to
1152	1139		read as follows:
1153	1140		(a) A person commits an offense if the person knowingly:
1154	1141		(1) traffics another person with the intent that the
1155	1142		trafficked person engage in forced labor or services;
1156	1143		(2) receives a benefit from participating in a venture
1157	1144		that involves an activity described by Subdivision (1), including
1158	1145		by receiving labor or services the person knows are forced labor or
1159	1146		services;
1160	1147		(3) traffics another person and, through force, fraud,
1161	1148		or coercion, causes the trafficked person to engage in conduct
1162	1149		prohibited by:
1163	1150		(A) Section 43.02 (Prostitution);
1164	1151		(B) Section 43.03 (Promotion of Prostitution);
1165	1152		(C) Section 43.04 (Aggravated Promotion of
1166	1153		Prostitution); or
1167	1154		(D) Section 43.05 (Compelling Prostitution);
1168	1155		(4) receives a benefit from participating in a venture
1169	1156		that involves an activity described by Subdivision (3) or engages
1170	1157		in sexual conduct with a person trafficked in the manner described
1171	1158		in Subdivision (3);
1172	1159		(5) traffics a child with the intent that the
1173	1160		trafficked child engage in forced labor or services;
1174	1161		(6) receives a benefit from participating in a venture
1175	1162		that involves an activity described by Subdivision (5), including
1176	1163		by receiving labor or services the person knows are forced labor or
1177	1164		services;
1178	1165		(7) traffics a child and by any means causes the
1179	1166		trafficked child to engage in, or become the victim of, conduct
1180	1167		prohibited by:
1181	1168		(A) Section 21.02 (Continuous Sexual Abuse of
1182	1169		Young Child or Disabled Individual [Children]);
1183	1170		(B) Section 21.11 (Indecency with a Child);
1184	1171		(C) Section 22.011 (Sexual Assault);
1185	1172		(D) Section 22.021 (Aggravated Sexual Assault);
1186	1173		(E) Section 43.02 (Prostitution);
1187	1174		(F) Section 43.03 (Promotion of Prostitution);
1188	1175		(G) Section 43.04 (Aggravated Promotion of
1189	1176		Prostitution);
1190	1177		(H) Section 43.05 (Compelling Prostitution);
1191	1178		(I) Section 43.25 (Sexual Performance by a
1192	1179		Child);
1193	1180		(J) Section 43.251 (Employment Harmful to
1194	1181		Children); or
1195	1182		(K) Section 43.26 (Possession or Promotion of
1196	1183		Child Pornography); or
1197	1184		(8) receives a benefit from participating in a venture
1198	1185		that involves an activity described by Subdivision (7) or engages
1199	1186		in sexual conduct with a child trafficked in the manner described in
1200	1187		Subdivision (7).
1201	1188		SECTION 2.26. Section 92.0161(c), Property Code, is amended
1202	1189		to read as follows:
1203	1190		(c) If the tenant is a victim or a parent or guardian of a
1204	1191		victim of sexual assault under Section 22.011, Penal Code,
1205	1192		aggravated sexual assault under Section 22.021, Penal Code,
1206	1193		indecency with a child under Section 21.11, Penal Code, sexual
1207	1194		performance by a child under Section 43.25, Penal Code, continuous
1208	1195		sexual abuse of a young child or disabled individual under Section
1209	1196		21.02, Penal Code, or an attempt to commit any of the foregoing
1210	1197		offenses under Section 15.01, Penal Code, that takes place during
1211	1198		the preceding six-month period on the premises or at any dwelling on
1212	1199		the premises, the tenant shall provide to the landlord or the
1213	1200		landlord's agent a copy of:
1214	1201		(1) documentation of the assault or abuse, or
1215	1202		attempted assault or abuse, of the victim from a licensed health
1216	1203		care services provider who examined the victim;
1217	1204		(2) documentation of the assault or abuse, or
1218	1205		attempted assault or abuse, of the victim from a licensed mental
1219	1206		health services provider who examined or evaluated the victim;
1220	1207		(3) documentation of the assault or abuse, or
1221	1208		attempted assault or abuse, of the victim from an individual
1222	1209		authorized under Chapter 420, Government Code, who provided
1223	1210		services to the victim; or
1224	1211		(4) documentation of a protective order issued under
1225	1212		Chapter 7A, Code of Criminal Procedure, except for a temporary ex
1226	1213		parte order.
1227	1214		ARTICLE III. TRANSITION AND EFFECTIVE DATE
1228	1215		SECTION 3.01. The change in law made by this Act applies
1229	1216		only to an offense committed on or after the effective date of this
1230	1217		Act. An offense committed before the effective date of this Act is
1231	1218		governed by the law in effect on the date the offense was committed,
1232	1219		and the former law is continued in effect for that purpose. For
1233	1220		purposes of this section, an offense was committed before the
1234	1221		effective date of this Act if any element of the offense occurred
1235	1222		before that date.
1236	1223		SECTION 3.02. This Act takes effect September 1, 2019.