Texas 2019 - 86th Regular

Texas Senate Bill SB20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 20
	1	+	By: Huffman, et al. S.B. No. 20
	2	+	(Thompson of Harris, Krause, Collier, White,
	3	+	Davis of Dallas, et al.)
2	4
3	5
	6	+	A BILL TO BE ENTITLED
4	7		AN ACT
5		-	relating to the prevention of, reporting regarding, investigation
6		-	of, prosecution of, criminal and civil penalties for, and other
7		-	consequences of prostitution, trafficking of persons, and related
8		-	criminal offenses, to treatment, services, and compensation
9		-	available to victims of those offenses, and to orders of
10		-	nondisclosure for certain persons who are victims of certain of
11		-	those offenses.
	8	+	relating to the prevention of, prosecution of, penalties for, and
	9	+	other consequences of prostitution, trafficking of persons, and
	10	+	related criminal offenses and to orders of nondisclosure for
	11	+	persons who committed certain of those offenses; regulating
	12	+	occupations to prevent and respond to those criminal offenses,
	13	+	including requiring a student occupational permit for those
	14	+	purposes; authorizing fees; increasing criminal penalties;
	15	+	creating criminal offenses.
12	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	17		ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF
14	18		PERSONS
15		-	SECTION 1.01. Section 3.03(b), Penal Code, is amended to
	19	+	SECTION 1.01. Section 20A.01, Penal Code, is amended by
	20	+	adding Subdivision (1-a) to read as follows:
	21	+	(1-a) "Coercion" as defined by Section 1.07 includes
	22	+	destroying, concealing, confiscating, or withholding from a
	23	+	person, or threatening to destroy, conceal, confiscate, or withhold
	24	+	from a person, the person's actual or purported:
	25	+	(A) government records; or
	26	+	(B) identifying information or documents.
	27	+	SECTION 1.02. Section 3.03(b), Penal Code, is amended to
16	28		read as follows:
17	29		(b) If the accused is found guilty of more than one offense
18	30		arising out of the same criminal episode, the sentences may run
19	31		concurrently or consecutively if each sentence is for a conviction
20	32		of:
21	33		(1) an offense:
22	34		(A) under Section 49.07 or 49.08, regardless of
23	35		whether the accused is convicted of violations of the same section
24	36		more than once or is convicted of violations of both sections; or
25	37		(B) for which a plea agreement was reached in a
26	38		case in which the accused was charged with more than one offense
27	39		listed in Paragraph (A), regardless of whether the accused is
28	40		charged with violations of the same section more than once or is
29	41		charged with violations of both sections;
30	42		(2) an offense:
31	43		(A) under Section 33.021 or an offense under
32	44		Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
33	45		against a victim younger than 17 years of age at the time of the
34	46		commission of the offense regardless of whether the accused is
35	47		convicted of violations of the same section more than once or is
36	48		convicted of violations of more than one section; or
37	49		(B) for which a plea agreement was reached in a
38	50		case in which the accused was charged with more than one offense
39	51		listed in Paragraph (A) committed against a victim younger than 17
40	52		years of age at the time of the commission of the offense regardless
41	53		of whether the accused is charged with violations of the same
42	54		section more than once or is charged with violations of more than
43	55		one section;
44	56		(3) an offense:
45	57		(A) under Section 21.15 or 43.26, regardless of
46	58		whether the accused is convicted of violations of the same section
47	59		more than once or is convicted of violations of both sections; or
48	60		(B) for which a plea agreement was reached in a
49	61		case in which the accused was charged with more than one offense
50	62		listed in Paragraph (A), regardless of whether the accused is
51	63		charged with violations of the same section more than once or is
52	64		charged with violations of both sections;
53	65		(4) an offense for which the judgment in the case
54	66		contains an affirmative finding under Article 42.0197, Code of
55	67		Criminal Procedure;
56	68		(5) an offense:
57	69		(A) under Section 20A.02, 20A.03, or 43.05,
58	70		regardless of whether the accused is convicted of violations of the
59	71		same section more than once or is convicted of violations of more
60	72		than one section [both sections]; or
61	73		(B) for which a plea agreement was reached in a
62	74		case in which the accused was charged with more than one offense
63	75		listed in Paragraph (A), regardless of whether the accused is
64	76		charged with violations of the same section more than once or is
65	77		charged with violations of more than one section [both sections];
66	78		or
67	79		(6) an offense:
68	80		(A) under Section 22.04(a)(1) or (2) or Section
69	81		22.04(a-1)(1) or (2) that is punishable as a felony of the first
70	82		degree, regardless of whether the accused is convicted of
71	83		violations of the same section more than once or is convicted of
72	84		violations of more than one section; or
73	85		(B) for which a plea agreement was reached in a
74	86		case in which the accused was charged with more than one offense
75	87		listed in Paragraph (A) and punishable as described by that
76	88		paragraph, regardless of whether the accused is charged with
77	89		violations of the same section more than once or is charged with
78	90		violations of more than one section.
79		-	SECTION 1.02. Section 402.035(h), Government Code, as
80		-	amended by Chapter 762 (S.B. 2039), Acts of the 85th Legislature,
81		-	Regular Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts
82		-	of the 85th Legislature, Regular Session, 2017, is repealed.
83		-	SECTION 1.03. The change in law made by this article applies
	91	+	SECTION 1.03. The following provisions are repealed:
	92	+	(1) Section 402.035(h), Government Code, as amended by
	93	+	Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular
	94	+	Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the
	95	+	85th Legislature, Regular Session, 2017; and
	96	+	(2) Section 20A.02(a-1), Penal Code.
	97	+	SECTION 1.04. The change in law made by this article applies
84	98		only to an offense committed on or after the effective date of this
85	99		Act. An offense committed before the effective date of this Act is
86	100		governed by the law in effect on the date the offense was committed,
87	101		and the former law is continued in effect for that purpose. For
88	102		purposes of this section, an offense was committed before the
89	103		effective date of this Act if any element of the offense was
90	104		committed before that date.
91	105		ARTICLE 2. PENALTIES FOR PROSTITUTION
92	106		SECTION 2.01. Subchapter K, Chapter 42A, Code of Criminal
93	107		Procedure, is amended by adding Article 42A.515 to read as follows:
94	108		Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN
95	109		PROSTITUTION OFFENSES. (a) Except as provided by Subsection (e),
96	110		on a defendant's conviction of a Class B misdemeanor under Section
97	111		43.02(a), Penal Code, the judge shall suspend imposition of the
98	112		sentence and place the defendant on community supervision.
99	113		(b) Except as provided by Subsection (e), on a defendant's
100	114		conviction of a state jail felony under Section 43.02(c)(2), Penal
101	115		Code, that is punished under Section 12.35(a), Penal Code, the
102	116		judge shall suspend the imposition of the sentence and place the
103	117		defendant on community supervision. This subsection does not apply
104	118		to a defendant who has previously been convicted of any other state
105	119		jail felony under Section 43.02(c)(2), Penal Code, that is punished
106	120		under Section 12.35, Penal Code.
107	121		(c) A judge who places a defendant on community supervision
108	122		under Subsection (a) or (b) shall require as a condition of
109	123		community supervision that the defendant participate in a
110	124		commercially sexually exploited persons court program established
111	125		under Chapter 126, Government Code, if a program has been
112	126		established for the county or municipality where the defendant
113	127		resides. Sections 126.002(b) and (c), Government Code, do not
114	128		apply with respect to a defendant required to participate in the
115	129		court program under this subsection.
116	130		(d) A judge who requires a defendant to participate in a
117	131		commercially sexually exploited persons court program under
118	132		Subsection (c) may suspend in whole or in part the imposition of the
119	133		program fee described by Section 126.006, Government Code.
120	134		(e) In any case in which the jury assesses punishment, the
121	135		judge must follow the recommendations of the jury in suspending the
122	136		imposition of a sentence or ordering a sentence to be executed. If
123	137		a jury assessing punishment does not recommend community
124	138		supervision, the judge must order the sentence to be executed in
125	139		whole.
126	140		(f) The judge may suspend in whole or in part the imposition
127	141		of any fine imposed on conviction.
128	142		SECTION 2.02. Article 42A.551(d), Code of Criminal
129	143		Procedure, is amended to read as follows:
130	144		(d) On conviction of a state jail felony punished under
131	145		Section 12.35(a), Penal Code, other than a state jail felony listed
132	146		in Subsection (a) or to which Article 42A.515 applies, subject to
133	147		Subsection (e), the judge may:
134	148		(1) suspend the imposition of the sentence and place
135	149		the defendant on community supervision; or
136	150		(2) order the sentence to be executed:
137	151		(A) in whole; or
138	152		(B) in part, with a period of community
139	153		supervision to begin immediately on release of the defendant from
140	154		confinement.
141	155		SECTION 2.03. Article 62.001(5), Code of Criminal
142	156		Procedure, is amended to read as follows:
143	157		(5) "Reportable conviction or adjudication" means a
144	158		conviction or adjudication, including an adjudication of
145	159		delinquent conduct or a deferred adjudication, that, regardless of
146	160		the pendency of an appeal, is a conviction for or an adjudication
147	161		for or based on:
148	162		(A) a violation of Section 21.02 (Continuous
149	163		sexual abuse of young child or children), 21.09 (Bestiality), 21.11
150	164		(Indecency with a child), 22.011 (Sexual assault), 22.021
151	165		(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
152	166		Penal Code;
153	167		(B) a violation of Section 43.05 (Compelling
154	168		prostitution), 43.25 (Sexual performance by a child), or 43.26
155	169		(Possession or promotion of child pornography), Penal Code;
156	170		(B-1) a violation of Section 43.02
157	171		(Prostitution), Penal Code, if the offense is punishable under
158	172		Subsection (c-1)(2) [(c-1)(3)] of that section;
159	173		(C) a violation of Section 20.04(a)(4)
160	174		(Aggravated kidnapping), Penal Code, if the actor committed the
161	175		offense or engaged in the conduct with intent to violate or abuse
162	176		the victim sexually;
163	177		(D) a violation of Section 30.02 (Burglary),
164	178		Penal Code, if the offense or conduct is punishable under
165	179		Subsection (d) of that section and the actor committed the offense
166	180		or engaged in the conduct with intent to commit a felony listed in
167	181		Paragraph (A) or (C);
168	182		(E) a violation of Section 20.02 (Unlawful
169	183		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
170	184		Penal Code, if, as applicable:
171	185		(i) the judgment in the case contains an
172	186		affirmative finding under Article 42.015; or
173	187		(ii) the order in the hearing or the papers
174	188		in the case contain an affirmative finding that the victim or
175	189		intended victim was younger than 17 years of age;
176	190		(F) the second violation of Section 21.08
177	191		(Indecent exposure), Penal Code, but not if the second violation
178	192		results in a deferred adjudication;
179	193		(G) an attempt, conspiracy, or solicitation, as
180	194		defined by Chapter 15, Penal Code, to commit an offense or engage in
181	195		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
182	196		(H) a violation of the laws of another state,
183	197		federal law, the laws of a foreign country, or the Uniform Code of
184	198		Military Justice for or based on the violation of an offense
185	199		containing elements that are substantially similar to the elements
186	200		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
187	201		(G), (J), (K), or (L), but not if the violation results in a
188	202		deferred adjudication;
189	203		(I) the second violation of the laws of another
190	204		state, federal law, the laws of a foreign country, or the Uniform
191	205		Code of Military Justice for or based on the violation of an offense
192	206		containing elements that are substantially similar to the elements
193	207		of the offense of indecent exposure, but not if the second violation
194	208		results in a deferred adjudication;
195	209		(J) a violation of Section 33.021 (Online
196	210		solicitation of a minor), Penal Code;
197	211		(K) a violation of Section 20A.02(a)(3), (4),
198	212		(7), or (8) (Trafficking of persons), Penal Code; or
199	213		(L) a violation of Section 20A.03 (Continuous
200	214		trafficking of persons), Penal Code, if the offense is based partly
201	215		or wholly on conduct that constitutes an offense under Section
202	216		20A.02(a)(3), (4), (7), or (8) of that code.
203		-	SECTION 2.04. Section 402.035, Government Code, is amended
204		-	by amending Subsection (d) and adding Subsection (f-3) to read as
205		-	follows:
	217	+	SECTION 2.04. Section 402.035(d), Government Code, is
	218	+	amended to read as follows:
206	219		(d) The task force shall:
207	220		(1) collaborate, as needed to fulfill the duties of
208	221		the task force, with:
209	222		(A) United States attorneys' offices for all of
210	223		the federal districts of Texas; and
211	224		(B) special agents or customs and border
212	225		protection officers and border patrol agents of:
213	226		(i) the Federal Bureau of Investigation;
214	227		(ii) the United States Drug Enforcement
215	228		Administration;
216	229		(iii) the Bureau of Alcohol, Tobacco,
217	230		Firearms and Explosives;
218	231		(iv) United States Immigration and Customs
219	232		Enforcement; or
220	233		(v) the United States Department of
221	234		Homeland Security;
222	235		(2) collect, organize, and periodically publish
223	236		statistical data on the nature and extent of human trafficking in
224	237		this state, including data described by Subdivisions (4)(A), (B),
225	238		(C), (D), and (E);
226	239		(3) solicit cooperation and assistance from state and
227	240		local governmental agencies, political subdivisions of the state,
228	241		nongovernmental organizations, and other persons, as appropriate,
229	242		for the purpose of collecting and organizing statistical data under
230	243		Subdivision (2);
231	244		(4) ensure that each state or local governmental
232	245		agency and political subdivision of the state and each state or
233	246		local law enforcement agency, district attorney, or county attorney
234	247		that assists in the prevention of human trafficking collects
235	248		statistical data related to human trafficking, including, as
236	249		appropriate:
237	250		(A) the number of investigations concerning,
238	251		arrests and prosecutions for, and convictions of:
239	252		(i) the offense of trafficking of persons;
240	253		(ii) the offense of forgery or an offense
241	254		under Chapter 43, Penal Code, if the offense was committed as part
242	255		of a criminal episode involving the trafficking of persons; and
243	256		(iii) an offense punishable under Section
244	257		43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
245	258		the offense was committed as part of a criminal episode involving
246	259		the trafficking of persons;
247	260		(B) demographic information on persons who are
248	261		convicted of offenses described by Paragraph (A) and persons who
249	262		are the victims of those offenses;
250	263		(C) geographic routes by which human trafficking
251	264		victims are trafficked, including routes by which victims are
252	265		trafficked across this state's international border, and
253	266		geographic patterns in human trafficking, including the country or
254	267		state of origin and the country or state of destination;
255	268		(D) means of transportation and methods used by
256	269		persons who engage in trafficking to transport their victims; and
257	270		(E) social and economic factors that create a
258	271		demand for the labor or services that victims of human trafficking
259	272		are forced to provide;
260	273		(5) work with the Texas Commission on Law Enforcement
261	274		to develop and conduct training for law enforcement personnel,
262	275		victim service providers, and medical service providers to identify
263	276		victims of human trafficking;
264	277		(6) work with the Texas Education Agency, the
265	278		Department of Family and Protective Services, and the Health and
266	279		Human Services Commission to:
267	280		(A) develop a list of key indicators that a
268	281		person is a victim of human trafficking;
269	282		(B) develop a standardized curriculum for
270	283		training doctors, nurses, emergency medical services personnel,
271	284		teachers, school counselors, school administrators, and personnel
272	285		from the Department of Family and Protective Services and the
273	286		Health and Human Services Commission to identify and assist victims
274	287		of human trafficking;
275	288		(C) train doctors, nurses, emergency medical
276	289		services personnel, teachers, school counselors, school
277	290		administrators, and personnel from the Department of Family and
278	291		Protective Services and the Health and Human Services Commission to
279	292		identify and assist victims of human trafficking;
280	293		(D) develop and conduct training for personnel
281	294		from the Department of Family and Protective Services and the
282	295		Health and Human Services Commission on methods for identifying
283	296		children in foster care who may be at risk of becoming victims of
284	297		human trafficking; and
285	298		(E) develop a process for referring identified
286	299		human trafficking victims and individuals at risk of becoming
287	300		victims to appropriate entities for services;
288	301		(7) on the request of a judge of a county court, county
289	302		court at law, or district court or a county attorney, district
290	303		attorney, or criminal district attorney, assist and train the judge
291	304		or the judge's staff or the attorney or the attorney's staff in the
292	305		recognition and prevention of human trafficking;
293	306		(8) examine training protocols related to human
294	307		trafficking issues, as developed and implemented by federal, state,
295	308		and local law enforcement agencies;
296	309		(9) collaborate with state and local governmental
297	310		agencies, political subdivisions of the state, and nongovernmental
298	311		organizations to implement a media awareness campaign in
299	312		communities affected by human trafficking;
300	313		(10) develop recommendations on how to strengthen
301	314		state and local efforts to prevent human trafficking, protect and
302	315		assist human trafficking victims, curb markets and other economic
303	316		avenues that facilitate human trafficking and investigate and
304	317		prosecute human trafficking offenders;
305	318		(11) examine the extent to which human trafficking is
306	319		associated with the operation of sexually oriented businesses, as
307	320		defined by Section 243.002, Local Government Code, and the
308	321		workplace or public health concerns that are created by the
309	322		association of human trafficking and the operation of sexually
310	323		oriented businesses;
311	324		(12) develop recommendations for addressing the
312	325		demand for forced labor or services or sexual conduct involving
313	326		victims of human trafficking, including recommendations for
314	327		increased penalties for individuals who engage or attempt to engage
315	328		in prostitution with victims younger than 18 years of age; and
316	329		(13) identify and report to the governor and
317	330		legislature on laws, licensure requirements, or other regulations
318	331		that can be passed at the state and local level to curb trafficking
319	332		using the Internet and in sexually oriented businesses.
320		-	(f-3) The attorney general may enter into a contract with an
321		-	institution of higher education or private or independent
322		-	institution of higher education, as those terms are defined by
323		-	Section 61.003, Education Code, for the institution's assistance in
324		-	the collection and analysis of information received under this
325		-	section. The attorney general may adopt rules to administer the
326		-	submission and collection of information under this section.
327	333		SECTION 2.05. Section 43.02(c-1), Penal Code, is amended to
328	334		read as follows:
329	335		(c-1) An offense under Subsection (b) is a Class A [B]
330	336		misdemeanor, except that the offense is:
331	337		(1) [a Class A misdemeanor if the actor has previously
332	338		been convicted one or two times of an offense under Subsection (b);
333	339		[(2)] a state jail felony if the actor has previously
334	340		been convicted [three or more times] of an offense under Subsection
335	341		(b); or
336	342		(2) [(3)] a felony of the second degree if the person
337	343		with whom the actor agrees to engage in sexual conduct is:
338	344		(A) younger than 18 years of age, regardless of
339	345		whether the actor knows the age of the person at the time of the
340	346		offense;
341	347		(B) represented to the actor as being younger
342	348		than 18 years of age; or
343	349		(C) believed by the actor to be younger than 18
344	350		years of age.
345		-	SECTION 2.06. (a) Except as provided by Subsection (b) of
346		-	this section, the change in law made by this article applies only to
347		-	an offense committed on or after the effective date of this Act. An
348		-	offense committed before the effective date of this Act is governed
349		-	by the law in effect on the date the offense was committed, and the
350		-	former law is continued in effect for that purpose. For purposes of
351		-	this section, an offense was committed before the effective date of
352		-	this Act if any element of the offense occurred before that date.
353		-	(b) Subsection (a) of this section does not apply to Section
354		-	402.035(f-3), Government Code, as added by this article.
	351	+	SECTION 2.06. The change in law made by this article applies
	352	+	only to an offense committed on or after the effective date of this
	353	+	Act. An offense committed before the effective date of this Act is
	354	+	governed by the law in effect on the date the offense was committed,
	355	+	and the former law is continued in effect for that purpose. For
	356	+	purposes of this section, an offense was committed before the
	357	+	effective date of this Act if any element of the offense occurred
	358	+	before that date.
355	359		ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
356	360		SECTION 3.01. Section 43.01, Penal Code, is amended by
357		-	amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
358		-	(1-c), (1-d), and (1-e) to read as follows:
359		-	(1) "Access software provider" means a provider of
360		-	software, including client or server software, or enabling tools
361		-	that perform one or more of the following functions:
362		-	(A) filter, screen, allow, or disallow content;
363		-	(B) select, analyze, or digest content; or
364		-	(C) transmit, receive, display, forward, cache,
365		-	search, subset, organize, reorganize, or translate content.
366		-	(1-a) [(1)] "Deviate sexual intercourse" means any
367		-	contact between the genitals of one person and the mouth or anus of
368		-	another person.
369		-	(1-b) [(1-a)] "Fee" means the payment or offer of
370		-	payment in the form of money, goods, services, or other benefit.
371		-	(1-c) "Information content provider" means any person
372		-	or entity that is wholly or partly responsible for the creation or
373		-	development of information provided through the Internet or any
374		-	other interactive computer service.
375		-	(1-d) "Interactive computer service" means any
	361	+	adding Subdivisions (1-b) and (1-c) to read as follows:
	362	+	(1-b) "Interactive computer service" means any
376	363		information service, system, or access software provider that
377	364		provides or enables computer access to a computer server by
378	365		multiple users, including a service or system that provides access
379	366		to the Internet or a system operated or service offered by a library
380	367		or educational institution.
381		-	(1-e) "Internet" means the international computer
	368	+	(1-c) "Internet" means the international computer
382	369		network of both federal and nonfederal interoperable packet
383	370		switched data networks.
384	371		SECTION 3.02. Subchapter A, Chapter 43, Penal Code, is
385	372		amended by adding Sections 43.031 and 43.041 to read as follows:
386	373		Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A
387	374		person commits an offense if the person owns, manages, or operates
388		-	an interactive computer service or information content provider, or
389		-	operates as an information content provider, with the intent to
390		-	promote the prostitution of another person or facilitate another
391		-	person to engage in prostitution.
	375	+	an interactive computer service with the intent to promote the
	376	+	prostitution of another person or facilitate another person to
	377	+	engage in prostitution.
392	378		(b) An offense under this section is a felony of the third
393	379		degree, except that the offense is a felony of the second degree if
394	380		the actor:
395	381		(1) has been previously convicted of an offense under
396	382		this section or Section 43.041; or
397	383		(2) engages in conduct described by Subsection (a)
398	384		involving a person younger than 18 years of age engaging in
399	385		prostitution, regardless of whether the actor knows the age of the
400	386		person at the time of the offense.
401	387		Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.
402	388		(a) A person commits an offense if the person owns, manages, or
403		-	operates an interactive computer service or information content
404		-	provider, or operates as an information content provider, with the
405		-	intent to promote the prostitution of five or more persons or
406		-	facilitate five or more persons to engage in prostitution.
	389	+	operates an interactive computer service with the intent to promote
	390	+	the prostitution of five or more persons or facilitate five or more
	391	+	persons to engage in prostitution.
407	392		(b) An offense under this section is a felony of the second
408	393		degree, except that the offense is a felony of the first degree if
409	394		the actor:
410	395		(1) has been previously convicted of an offense under
411	396		this section; or
412	397		(2) engages in conduct described by Subsection (a)
413	398		involving two or more persons younger than 18 years of age engaging
414	399		in prostitution, regardless of whether the actor knows the age of
415	400		the persons at the time of the offense.
416	401		SECTION 3.03. Section 98A.001, Civil Practice and Remedies
417	402		Code, is amended by adding Subdivisions (1-a) and (4-a) to read as
418	403		follows:
419	404		(1-a) "Aggravated online promotion of prostitution"
420	405		means conduct that constitutes an offense under Section 43.041,
421	406		Penal Code.
422	407		(4-a) "Online promotion of prostitution" means
423	408		conduct that constitutes an offense under Section 43.031, Penal
424	409		Code.
425	410		SECTION 3.04. Section 98A.002(a), Civil Practice and
426	411		Remedies Code, is amended to read as follows:
427	412		(a) A defendant is liable to a victim of compelled
428	413		prostitution, as provided by this chapter, for damages arising from
429	414		the compelled prostitution if the defendant:
430	415		(1) engages in compelling prostitution with respect to
431	416		the victim;
432	417		(2) knowingly or intentionally engages in promotion of
433	418		prostitution, online promotion of prostitution, aggravated
434	419		promotion of prostitution, or aggravated online promotion of
435	420		prostitution that results in compelling prostitution with respect
436	421		to the victim; or
437	422		(3) purchases an advertisement that the defendant
438	423		knows or reasonably should know constitutes promotion of
439	424		prostitution or aggravated promotion of prostitution, and the
440	425		publication of the advertisement results in compelling
441	426		prostitution with respect to the victim.
442	427		SECTION 3.05. Article 18A.101, Code of Criminal Procedure,
443	428		is amended to read as follows:
444	429		Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
445	430		ISSUED. A judge of competent jurisdiction may issue an
446	431		interception order only if the prosecutor applying for the order
447	432		shows probable cause to believe that the interception will provide
448	433		evidence of the commission of:
449	434		(1) a felony under any of the following provisions of
450	435		the Health and Safety Code:
451	436		(A) Chapter 481, other than felony possession of
452	437		marihuana;
453	438		(B) Chapter 483; or
454	439		(C) Section 485.032;
455	440		(2) an offense under any of the following provisions
456	441		of the Penal Code:
457	442		(A) Section 19.02;
458	443		(B) Section 19.03;
459	444		(C) Section 20.03;
460	445		(D) Section 20.04;
461	446		(E) Chapter 20A;
462	447		(F) Chapter 34, if the criminal activity giving
463	448		rise to the proceeds involves the commission of an offense under
464	449		Title 5, Penal Code, or an offense under federal law or the laws of
465	450		another state containing elements that are substantially similar to
466	451		the elements of an offense under Title 5;
467	452		(G) Section 38.11;
468	453		(H) Section 43.04;
469	454		(I) Section 43.041;
470	455		(J) Section 43.05; or
471	456		(K) [(J)] Section 43.26; or
472	457		(3) an attempt, conspiracy, or solicitation to commit
473	458		an offense listed in Subdivision (1) or (2).
474	459		SECTION 3.06. Article 56.32(a)(14), Code of Criminal
475	460		Procedure, is amended to read as follows:
476	461		(14) "Trafficking of persons" means any offense that
477	462		results in a person engaging in forced labor or services, including
478	463		sexual conduct, and that may be prosecuted under Section 20A.02,
479	464		20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
480	465		43.26, Penal Code.
481	466		SECTION 3.07. Article 56.81(7), Code of Criminal Procedure,
482	467		is amended to read as follows:
483	468		(7) "Trafficking of persons" means any conduct that
484	469		constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031,
485	470		43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that
486	471		results in a person:
487	472		(A) engaging in forced labor or services; or
488	473		(B) otherwise becoming a victim of the offense.
489	474		SECTION 3.08. Section 411.042(b), Government Code, is
490	475		amended to read as follows:
491	476		(b) The bureau of identification and records shall:
492	477		(1) procure and file for record photographs, pictures,
493	478		descriptions, fingerprints, measurements, and other pertinent
494	479		information of all persons arrested for or charged with a criminal
495	480		offense or convicted of a criminal offense, regardless of whether
496	481		the conviction is probated;
497	482		(2) collect information concerning the number and
498	483		nature of offenses reported or known to have been committed in the
499	484		state and the legal steps taken in connection with the offenses, and
500	485		other information useful in the study of crime and the
501	486		administration of justice, including information that enables the
502	487		bureau to create a statistical breakdown of:
503	488		(A) offenses in which family violence was
504	489		involved;
505	490		(B) offenses under Sections 22.011 and 22.021,
506	491		Penal Code; and
507	492		(C) offenses under Sections 20A.02, 43.02(a),
508	493		43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
509	494		(3) make ballistic tests of bullets and firearms and
510	495		chemical analyses of bloodstains, cloth, materials, and other
511	496		substances for law enforcement officers of the state;
512	497		(4) cooperate with identification and crime records
513	498		bureaus in other states and the United States Department of
514	499		Justice;
515	500		(5) maintain a list of all previous background checks
516	501		for applicants for any position regulated under Chapter 1702,
517	502		Occupations Code, who have undergone a criminal history background
518	503		check under Section 411.119, if the check indicates a Class B
519	504		misdemeanor or equivalent offense or a greater offense;
520	505		(6) collect information concerning the number and
521	506		nature of protective orders and magistrate's orders of emergency
522	507		protection and all other pertinent information about all persons
523	508		subject to active orders, including pertinent information about
524	509		persons subject to conditions of bond imposed for the protection of
525	510		the victim in any family violence, sexual assault or abuse,
526	511		stalking, or trafficking case. Information in the law enforcement
527	512		information system relating to an active order shall include:
528	513		(A) the name, sex, race, date of birth, personal
529	514		descriptors, address, and county of residence of the person to whom
530	515		the order is directed;
531	516		(B) any known identifying number of the person to
532	517		whom the order is directed, including the person's social security
533	518		number or driver's license number;
534	519		(C) the name and county of residence of the
535	520		person protected by the order;
536	521		(D) the residence address and place of employment
537	522		or business of the person protected by the order, unless that
538	523		information is excluded from the order under Article 17.292(e),
539	524		Code of Criminal Procedure;
540	525		(E) the child-care facility or school where a
541	526		child protected by the order normally resides or which the child
542	527		normally attends, unless that information is excluded from the
543	528		order under Article 17.292(e), Code of Criminal Procedure;
544	529		(F) the relationship or former relationship
545	530		between the person who is protected by the order and the person to
546	531		whom the order is directed;
547	532		(G) the conditions of bond imposed on the person
548	533		to whom the order is directed, if any, for the protection of a
549	534		victim in any family violence, sexual assault or abuse, stalking,
550	535		or trafficking case;
551	536		(H) any minimum distance the person subject to
552	537		the order is required to maintain from the protected places or
553	538		persons; and
554	539		(I) the date the order expires;
555	540		(7) grant access to criminal history record
556	541		information in the manner authorized under Subchapter F;
557	542		(8) collect and disseminate information regarding
558	543		offenders with mental impairments in compliance with Chapter 614,
559	544		Health and Safety Code; and
560	545		(9) record data and maintain a state database for a
561	546		computerized criminal history record system and computerized
562	547		juvenile justice information system that serves:
563	548		(A) as the record creation point for criminal
564	549		history record information and juvenile justice information
565	550		maintained by the state; and
566	551		(B) as the control terminal for the entry of
567	552		records, in accordance with federal law and regulations, federal
568	553		executive orders, and federal policy, into the federal database
569	554		maintained by the Federal Bureau of Investigation.
570	555		SECTION 3.09. Section 499.027(b), Government Code, is
571	556		amended to read as follows:
572	557		(b) An inmate is not eligible under this subchapter to be
573	558		considered for release to intensive supervision parole if:
574	559		(1) the inmate is awaiting transfer to the
575	560		institutional division, or serving a sentence, for an offense for
576	561		which the judgment contains an affirmative finding under Article
577	562		42A.054(c) or (d), Code of Criminal Procedure;
578	563		(2) the inmate is awaiting transfer to the
579	564		institutional division, or serving a sentence, for an offense
580	565		listed in one of the following sections of the Penal Code:
581	566		(A) Section 19.02 (murder);
582	567		(B) Section 19.03 (capital murder);
583	568		(C) Section 19.04 (manslaughter);
584	569		(D) Section 20.03 (kidnapping);
585	570		(E) Section 20.04 (aggravated kidnapping);
586	571		(F) Section 21.11 (indecency with a child);
587	572		(G) Section 22.011 (sexual assault);
588	573		(H) Section 22.02 (aggravated assault);
589	574		(I) Section 22.021 (aggravated sexual assault);
590	575		(J) Section 22.04 (injury to a child, elderly
591	576		individual, or disabled individual);
592	577		(K) Section 25.02 (prohibited sexual conduct);
593	578		(L) Section 25.08 (sale or purchase of a child);
594	579		(M) Section 28.02 (arson);
595	580		(N) Section 29.02 (robbery);
596	581		(O) Section 29.03 (aggravated robbery);
597	582		(P) Section 30.02 (burglary), if the offense is
598	583		punished as a first-degree felony under that section;
599	584		(Q) Section 43.04 (aggravated promotion of
600	585		prostitution);
601	586		(R) Section 43.05 (compelling prostitution);
602	587		(S) Section 43.24 (sale, distribution, or
603	588		display of harmful material to minor);
604	589		(T) Section 43.25 (sexual performance by a
605	590		child);
606	591		(U) Section 46.10 (deadly weapon in penal
607	592		institution);
608	593		(V) Section 15.01 (criminal attempt), if the
609	594		offense attempted is listed in this subsection;
610	595		(W) Section 15.02 (criminal conspiracy), if the
611	596		offense that is the subject of the conspiracy is listed in this
612	597		subsection;
613	598		(X) Section 15.03 (criminal solicitation), if
614	599		the offense solicited is listed in this subsection;
615	600		(Y) Section 21.02 (continuous sexual abuse of
616	601		young child or children);
617	602		(Z) Section 20A.02 (trafficking of persons);
618	603		[or]
619	604		(AA) Section 20A.03 (continuous trafficking of
620	605		persons); or
621	606		(BB) Section 43.041 (aggravated online promotion
622	607		of prostitution); or
623	608		(3) the inmate is awaiting transfer to the
624	609		institutional division, or serving a sentence, for an offense under
625	610		Chapter 481, Health and Safety Code, punishable by a minimum term of
626	611		imprisonment or a maximum fine that is greater than the minimum term
627	612		of imprisonment or the maximum fine for a first degree felony.
628	613		SECTION 3.10. Section 169.002(b), Health and Safety Code,
629	614		is amended to read as follows:
630	615		(b) A defendant is eligible to participate in a first
631	616		offender prostitution prevention program established under this
632	617		chapter only if:
633	618		(1) the attorney representing the state consents to
634	619		the defendant's participation in the program; and
635	620		(2) the court in which the criminal case is pending
636	621		finds that the defendant has not been previously convicted of:
637	622		(A) an offense under Section 20A.02, 43.02,
638	623		43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
639	624		(B) an offense listed in Article 42A.054(a), Code
640	625		of Criminal Procedure; or
641	626		(C) an offense punishable as a felony under
642	627		Chapter 481.
643	628		SECTION 3.11. Section 20A.02(a), Penal Code, is amended to
644	629		read as follows:
645	630		(a) A person commits an offense if the person knowingly:
646	631		(1) traffics another person with the intent that the
647	632		trafficked person engage in forced labor or services;
648	633		(2) receives a benefit from participating in a venture
649	634		that involves an activity described by Subdivision (1), including
650	635		by receiving labor or services the person knows are forced labor or
651	636		services;
652	637		(3) traffics another person and, through force, fraud,
653	638		or coercion, causes the trafficked person to engage in conduct
654	639		prohibited by:
655	640		(A) Section 43.02 (Prostitution);
656	641		(B) Section 43.03 (Promotion of Prostitution);
657	642		(B-1) Section 43.031 (Online Promotion of
658	643		Prostitution);
659	644		(C) Section 43.04 (Aggravated Promotion of
660	645		Prostitution);
661	646		(C-1) Section 43.041 (Aggravated Online
662	647		Promotion of Prostitution); or
663	648		(D) Section 43.05 (Compelling Prostitution);
664	649		(4) receives a benefit from participating in a venture
665	650		that involves an activity described by Subdivision (3) or engages
666	651		in sexual conduct with a person trafficked in the manner described
667	652		in Subdivision (3);
668	653		(5) traffics a child with the intent that the
669	654		trafficked child engage in forced labor or services;
670	655		(6) receives a benefit from participating in a venture
671	656		that involves an activity described by Subdivision (5), including
672	657		by receiving labor or services the person knows are forced labor or
673	658		services;
674	659		(7) traffics a child and by any means causes the
675	660		trafficked child to engage in, or become the victim of, conduct
676	661		prohibited by:
677	662		(A) Section 21.02 (Continuous Sexual Abuse of
678	663		Young Child or Children);
679	664		(B) Section 21.11 (Indecency with a Child);
680	665		(C) Section 22.011 (Sexual Assault);
681	666		(D) Section 22.021 (Aggravated Sexual Assault);
682	667		(E) Section 43.02 (Prostitution);
683	668		(F) Section 43.03 (Promotion of Prostitution);
684	669		(F-1) Section 43.031 (Online Promotion of
685	670		Prostitution);
686	671		(G) Section 43.04 (Aggravated Promotion of
687	672		Prostitution);
688	673		(G-1) Section 43.041 (Aggravated Online
689	674		Promotion of Prostitution);
690	675		(H) Section 43.05 (Compelling Prostitution);
691	676		(I) Section 43.25 (Sexual Performance by a
692	677		Child);
693	678		(J) Section 43.251 (Employment Harmful to
694	679		Children); or
695	680		(K) Section 43.26 (Possession or Promotion of
696	681		Child Pornography); or
697	682		(8) receives a benefit from participating in a venture
698	683		that involves an activity described by Subdivision (7) or engages
699	684		in sexual conduct with a child trafficked in the manner described in
700	685		Subdivision (7).
701		-	ARTICLE 4. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
	686	+	ARTICLE 4. ADMISSIBILITY OF EVIDENCE
	687	+	SECTION 4.01. Section 1, Article 38.37, Code of Criminal
	688	+	Procedure, is amended to read as follows:
	689	+	Sec. 1. (a) Subsection (b) applies to a proceeding in the
	690	+	prosecution of a defendant for an offense, or an attempt or
	691	+	conspiracy to commit an offense, under the following provisions of
	692	+	the Penal Code:
	693	+	(1) Chapter 20A (Trafficking of Persons);
	694	+	(2) [if committed against a child under 17 years of
	695	+	age:
	696	+	[(A)] Chapter 21 (Sexual Offenses);
	697	+	(3) Section 22.01 (Assault), if committed against a
	698	+	person younger than 18 years of age;
	699	+	(4) Section 22.011 (Sexual Assault);
	700	+	(5) Section 22.02 (Aggravated Assault), if committed
	701	+	against a person younger than 18 years of age;
	702	+	(6) Section 22.021 (Aggravated Sexual Assault);
	703	+	(7) Section 22.04 (Injury to a Child, Elderly
	704	+	Individual, or Disabled Individual), if committed against a person
	705	+	younger than 18 years of age;
	706	+	(8) Section 22.041 (Abandoning or Endangering a
	707	+	Child);
	708	+	(9) Section 22.05 (Deadly Conduct), if committed
	709	+	against a person younger than 18 years of age;
	710	+	(10) Section 22.07 (Terroristic Threat), if committed
	711	+	under Subsection (a)(2) of that section against a person younger
	712	+	than 18 years of age;
	713	+	(11) [(B) Chapter 22 (Assaultive Offenses); or
	714	+	[(C)] Section 25.02 (Prohibited Sexual Conduct);
	715	+	[or]
	716	+	(12) [(2) if committed against a person younger than
	717	+	18 years of age:
	718	+	[(A) Section 43.25 (Sexual Performance by a
	719	+	Child);
	720	+	[(B) Section 20A.02(a)(7) or (8); or
	721	+	[(C)] Section 43.05(a)(2) (Compelling
	722	+	Prostitution); or
	723	+	(13) Section 43.25 (Sexual Performance by a Child).
	724	+	(b) Notwithstanding Rules 404 and 405, Texas Rules of
	725	+	Evidence, evidence of other crimes, wrongs, or acts committed by
	726	+	the defendant against the [child who is the] victim of the alleged
	727	+	offense shall be admitted for its bearing on relevant matters,
	728	+	including:
	729	+	(1) the state of mind of the defendant and the victim
	730	+	[child]; and
	731	+	(2) the previous and subsequent relationship between
	732	+	the defendant and the victim [child].
	733	+	SECTION 4.02. Section 2(a), Article 38.37, Code of Criminal
	734	+	Procedure, is amended to read as follows:
	735	+	(a) Subsection (b) applies only to the trial of a defendant
	736	+	for:
	737	+	(1) an offense under any of the following provisions
	738	+	of the Penal Code:
	739	+	(A) Section 20A.02, if punishable as a felony of
	740	+	the first degree under Section 20A.02(b)(1) (Sex or Labor
	741	+	Trafficking of a Child);
	742	+	(B) Section 20A.03, if based partly or wholly on
	743	+	conduct that constitutes an offense under Article 20A.02(a)(5),
	744	+	(6), (7), or (8) (Continuous Trafficking of Persons);
	745	+	(C) Section 21.02 (Continuous Sexual Abuse of
	746	+	Young Child or Children);
	747	+	(D) [(C)] Section 21.11 (Indecency With a
	748	+	Child);
	749	+	(E) [(D)] Section 22.011(a)(2) (Sexual Assault
	750	+	of a Child);
	751	+	(F) [(E)] Sections 22.021(a)(1)(B) and (2)
	752	+	(Aggravated Sexual Assault of a Child);
	753	+	(G) [(F)] Section 33.021 (Online Solicitation of
	754	+	a Minor);
	755	+	(H) [(G)] Section 43.25 (Sexual Performance by a
	756	+	Child); or
	757	+	(I) [(H)] Section 43.26 (Possession or Promotion
	758	+	of Child Pornography), Penal Code; or
	759	+	(2) an attempt or conspiracy to commit an offense
	760	+	described by Subdivision (1).
	761	+	SECTION 4.03. Chapter 38, Code of Criminal Procedure, is
	762	+	amended by adding Article 38.51 to read as follows:
	763	+	Art. 38.51. EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.
	764	+	(a) This article applies to the prosecution of an offense, or an
	765	+	attempt to commit an offense, under the following provisions of the
	766	+	Penal Code:
	767	+	(1) Section 20A.02(a)(3), (4), (7), or (8) (Sex
	768	+	Trafficking of Persons);
	769	+	(2) Section 20A.03 (Continuous Trafficking of
	770	+	Persons), if based partly or wholly on conduct that constitutes an
	771	+	offense under Section 20A.02(a)(3), (4), (7), or (8);
	772	+	(3) Chapter 21 (Sexual Offenses);
	773	+	(4) Section 22.011 (Sexual Assault);
	774	+	(5) Section 22.021 (Aggravated Sexual Assault);
	775	+	(6) Section 25.02 (Prohibited Sexual Conduct);
	776	+	(7) Section 43.05 (Compelling Prostitution);
	777	+	(8) Section 43.24 (Sale, Distribution, or Display of
	778	+	Harmful Material to Minor);
	779	+	(9) Section 43.25 (Sexual Performance by a Child);
	780	+	(10) Section 43.251 (Employment Harmful to Children);
	781	+	(11) Section 43.26 (Possession or Promotion of Child
	782	+	Pornography); or
	783	+	(12) Section 43.262 (Possession or Promotion of Lewd
	784	+	Visual Material Depicting Child).
	785	+	(b) Except as provided by Subsection (c), in the prosecution
	786	+	of an offense described by Subsection (a), reputation or opinion
	787	+	evidence of a victim's past sexual behavior or evidence regarding
	788	+	specific instances of a victim's past sexual behavior is not
	789	+	admissible.
	790	+	(c) Evidence of a specific instance of a victim's past
	791	+	sexual behavior is admissible if:
	792	+	(1) the evidence:
	793	+	(A) is necessary to rebut or explain scientific
	794	+	or medical evidence offered by the attorney representing the state;
	795	+	(B) concerns past sexual behavior with the
	796	+	defendant and is offered by the defendant to prove consent;
	797	+	(C) relates to the victim's motive or bias;
	798	+	(D) is admissible under Rule 609, Texas Rules of
	799	+	Evidence; or
	800	+	(E) is constitutionally required to be admitted;
	801	+	and
	802	+	(2) the probative value of the evidence outweighs the
	803	+	danger of unfair prejudice.
	804	+	(d) Before evidence described by Subsection (c) may be
	805	+	introduced, the defendant must notify the court outside of the
	806	+	jury's presence. The court shall conduct an in camera hearing to
	807	+	determine whether the evidence is admissible. The court reporter
	808	+	shall record the hearing, and the court shall preserve that record
	809	+	under seal as part of the record in the case.
	810	+	(e) Before referring to evidence that the court has
	811	+	determined to be inadmissible, the defendant must, outside of the
	812	+	jury's presence, request and obtain the court's permission.
	813	+	SECTION 4.04. Under the terms of Section 22.109(b),
	814	+	Government Code, Rule 412, Texas Rules of Evidence, is disapproved.
	815	+	SECTION 4.05. The changes in law and rules made by this
	816	+	article apply to the admissibility of evidence in a criminal
	817	+	proceeding that commences on or after the effective date of this
	818	+	Act. The admissibility of evidence in a criminal proceeding that
	819	+	commences before the effective date of this Act is governed by the
	820	+	law and rules in effect on the date the proceeding commenced, and
	821	+	the former law and rules are continued in effect for that purpose.
	822	+	ARTICLE 5. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
702	823		TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION
703		-	SECTION 4.01. Section 411.0728, Government Code, is amended
	824	+	SECTION 5.01. Section 411.0728, Government Code, is amended
704	825		to read as follows:
705	826		Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
706	827		OF PERSONS OR COMPELLING PROSTITUTION. (a) This section applies
707	828		only to a person:
708	829		(1) who is convicted of or placed on deferred
709	830		adjudication community supervision [under Chapter 42A, Code of
710	831		Criminal Procedure, after conviction] for an offense under:
711	832		(A) Section 481.120, Health and Safety Code, if
712	833		the offense is punishable under Subsection (b)(1);
713	834		(B) Section 481.121, Health and Safety Code, if
714	835		the offense is punishable under Subsection (b)(1);
715	836		(C) Section 31.03, Penal Code, if the offense is
716	837		punishable under Subsection (e)(1) or (2); or
717	838		(D) Section 43.02, Penal Code; [or
718	839		[(E) Section 43.03(a)(2), Penal Code, if the
719	840		offense is punishable as a Class A misdemeanor;] and
720	841		(2) who, if requested by the applicable law
721	842		enforcement agency or prosecuting attorney to provide assistance in
722	843		the investigation or prosecution of an offense under Section
723	844		20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
724	845		containing elements that are substantially similar to the elements
725	846		of an offense under any of those sections:
726	847		(A) provided assistance in the investigation or
727	848		prosecution of the offense; or
728	849		(B) did not provide assistance in the
729	850		investigation or prosecution of the offense due to the person's age
730	851		or a physical or mental disability resulting from being a victim of
731	852		an offense described by this subdivision [with respect to whom the
732	853		conviction is subsequently set aside by the court under Article
733	854		42A.701, Code of Criminal Procedure].
734	855		(b) Notwithstanding any other provision of this subchapter
735	856		or Subchapter F, a person described by Subsection (a) who satisfies
736	857		the requirements of Section 411.074(b) [411.074] may petition the
737	858		court that convicted the person or placed the person on deferred
738	859		adjudication community supervision for an order of nondisclosure of
739	860		criminal history record information under this section on the
740	861		grounds that the person committed the offense solely as a victim of
741	862		an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
742	863		[trafficking of persons].
743	864		(b-1) A petition under Subsection (b) must:
744	865		(1) be in writing;
745	866		(2) allege specific facts that, if proved, would
746	867		establish that the petitioner committed the offense described by
747	868		Subsection (a)(1) solely as a victim of an offense under Section
748	869		20A.02, 20A.03, or 43.05, Penal Code; and
749	870		(3) assert that if the person has previously submitted
750	871		a petition for [seeking] an order of nondisclosure under this
751	872		section, the person has not committed an offense described by
752	873		Subsection (a)(1) on or after the date on which the person's first
753	874		petition [previously received an order of nondisclosure] under this
754	875		section was submitted.
755	876		(b-2) On the filing of the petition under Subsection (b),
756	877		the clerk of the court shall promptly serve a copy of the petition
757	878		and any supporting document on the appropriate office of the
758	879		attorney representing the state. Any response to the petition by
759	880		the attorney representing the state must be filed not later than the
760	881		20th business day after the date of service under this subsection.
761	882		(b-3) A person convicted of or placed on deferred
762	883		adjudication community supervision for more than one offense
763	884		described by Subsection (a)(1) that the person committed solely as
764	885		a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
765	886		Code, may file a petition for an order of nondisclosure of criminal
766	887		history record information under this section with respect to each
767	888		offense, and may request consolidation of those petitions, in a
768	889		district court in the county where the person was most recently
769	890		convicted or placed on deferred adjudication community supervision
770	891		as described by this subsection. On receipt of a request for
771	892		consolidation, the court shall consolidate the petitions and
772	893		exercise jurisdiction over the petitions, regardless of the county
773	894		in which the offenses described by Subsection (a)(1) occurred. For
774	895		each offense that is the subject of a consolidated petition and that
775	896		occurred in a county other than the county in which the court
776	897		consolidating the petitions is located, the clerk of the court, in
777	898		addition to the clerk's duties under Subsection (b-2), shall
778	899		promptly serve a copy of the consolidated petition and any
779	900		supporting document related to the applicable offense on the
780	901		appropriate office of the attorney representing the state on behalf
781	902		of the other county. Each attorney representing the state who
782	903		receives a copy of a consolidated petition under this subsection
783	904		may file a response to the petition in accordance with Subsection
784	905		(b-2).
785	906		(b-4) A district court that consolidates petitions under
786	907		Subsection (b-3) shall allow an attorney representing the state who
787	908		receives a petition involving an offense that was committed outside
788	909		the county in which the court is located to appear at any hearing
789	910		regarding the consolidated petition by telephone or video
790	911		conference call.
791	912		(c) After notice to the state and[,] an opportunity for a
792	913		hearing, [a determination by the court that the person has not
793	914		previously received an order of nondisclosure under this section,
794	915		and a determination by the court that the person committed the
795	916		offense solely as a victim of trafficking of persons and that
796	917		issuance of the order is in the best interest of justice,] the court
797	918		having jurisdiction over the petition shall issue an order
798	919		prohibiting criminal justice agencies from disclosing to the public
799	920		criminal history record information related to the offense if the
800	921		court determines that:
801	922		(1) the person committed the offense described by
802	923		Subsection (a)(1) solely as a victim of an offense under Section
803	924		20A.02, 20A.03, or 43.05, Penal Code;
804	925		(2) if applicable, the person did not commit another
805	926		offense described by Subsection (a)(1) on or after the date on which
806	927		the person's first petition for an order of nondisclosure under
807	928		this section was submitted; and
808	929		(3) issuance of the order is in the best interest of
809	930		justice [for which the defendant was placed on community
810	931		supervision as described by Subsection (a)].
811	932		(c-1) In determining whether a person committed an offense
812	933		described by Subsection (a)(1) solely as a victim of an offense
813	934		under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
814	935		consider any order of nondisclosure previously granted to the
815	936		person under this section.
816	937		(d) A person may petition the applicable court [that placed
817	938		the person on community supervision] for an order of nondisclosure
818	939		of criminal history record information under this section only on
819	940		or after the first anniversary of the date the person:
820	941		(1) completed the sentence, including any term of
821	942		confinement imposed and payment of all fines, costs, and
822	943		restitution imposed; or
823	944		(2) received a dismissal and discharge under Article
824	945		42A.111, Code of Criminal Procedure, if the person was placed on
825	946		deferred adjudication community supervision [person's conviction
826	947		is set aside as described by Subsection (a)].
827		-	SECTION 4.02. Article 56.021, Code of Criminal Procedure,
	948	+	SECTION 5.02. Article 56.021, Code of Criminal Procedure,
828	949		is amended by adding Subsection (e) to read as follows:
829	950		(e) A victim of an offense under Section 20A.02, 20A.03, or
830	951		43.05, Penal Code, is entitled to be informed that the victim may
831	952		petition for an order of nondisclosure of criminal history record
832	953		information under Section 411.0728, Government Code, if the victim:
833	954		(1) has been convicted of or placed on deferred
834	955		adjudication community supervision for an offense described by
835	956		Subsection (a)(1) of that section; and
836	957		(2) committed that offense solely as a victim of an
837	958		offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
838		-	SECTION 4.03. Section 126.004, Government Code, is amended
	959	+	SECTION 5.03. Section 126.004, Government Code, is amended
839	960		by adding Subsection (d) to read as follows:
840	961		(d) A program established under this chapter shall provide
841	962		each program participant with information related to the right to
842	963		petition for an order of nondisclosure of criminal history record
843	964		information under Section 411.0728.
844		-	ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
845		-	PROGRAMS
846		-	SECTION 5.01. Subtitle B, Title 2, Health and Safety Code,
847		-	is amended by adding Chapter 50 to read as follows:
848		-	CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
849		-	PROGRAMS
850		-	SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
851		-	TRAFFICKING
852		-	Sec. 50.0001. DEFINITIONS. In this subchapter:
853		-	(1) "Child sex trafficking" has the meaning assigned
854		-	by Section 772.0062, Government Code.
855		-	(2) "Program" means the treatment program for victims
856		-	of child sex trafficking established under this subchapter.
857		-	Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in
858		-	collaboration with the institution designated under Section
859		-	50.0003, shall establish a program to improve the quality and
860		-	accessibility of care for victims of child sex trafficking in this
861		-	state.
862		-	Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF
863		-	PROGRAM. (a) The commission shall designate a health-related
864		-	institution of higher education to operate the program.
865		-	(b) The designated institution shall improve the quality
866		-	and accessibility of care for victims of child sex trafficking by:
867		-	(1) dedicating a unit at the institution to provide or
868		-	contract for inpatient care for victims of child sex trafficking;
869		-	(2) dedicating a unit at the institution to provide or
870		-	contract for outpatient care for victims of child sex trafficking;
871		-	(3) creating opportunities for research and workforce
872		-	expansion related to treatment of victims of child sex trafficking;
873		-	and
874		-	(4) assisting other health-related institutions of
875		-	higher education in this state to establish similar programs.
876		-	(c) The commission shall solicit and review applications
877		-	from health-related institutions of higher education before
878		-	designating an institution under this section.
879		-	Sec. 50.0004. FUNDING. In addition to money appropriated
880		-	by the legislature, the designated institution may accept gifts,
881		-	grants, and donations from any public or private person for the
882		-	purpose of carrying out the program.
883		-	Sec. 50.0005. RULES. The executive commissioner shall
884		-	adopt rules necessary to implement this subchapter.
885		-	SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX TRAFFICKING
886		-	PREVENTION PROGRAMS
887		-	Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM.
888		-	(a) The commission shall establish a matching grant program to
889		-	award to a municipality a grant in an amount equal to the amount
890		-	committed by the municipality for the development of a sex
891		-	trafficking prevention needs assessment. A municipality that is
892		-	awarded a grant must develop the needs assessment in collaboration
893		-	with a local institution of higher education and on completion
894		-	submit a copy of the needs assessment to the commission.
895		-	(b) A sex trafficking prevention needs assessment developed
896		-	under Subsection (a) must outline:
897		-	(1) the prevalence of sex trafficking crimes in the
898		-	municipality;
899		-	(2) strategies for reducing the number of sex
900		-	trafficking crimes in the municipality; and
901		-	(3) the municipality's need for additional funding for
902		-	sex trafficking prevention programs and initiatives.
903		-	Sec. 50.0052. APPLICATION. (a) A municipality may apply
904		-	to the commission in the form and manner prescribed by the
905		-	commission for a matching grant under this subchapter. To qualify
906		-	for a grant, an applicant must:
907		-	(1) develop a media campaign and appoint a municipal
908		-	employee to oversee the program; and
909		-	(2) provide proof that the applicant is able to obtain
910		-	or secure municipal money in an amount at least equal to the amount
911		-	of the awarded grant.
912		-	(b) The commission shall review applications for a matching
913		-	grant submitted under this section and award matching grants to
914		-	each municipality that demonstrates in the application the most
915		-	effective strategies for reducing the number of sex trafficking
916		-	crimes in the municipality and the greatest need for state funding.
917		-	(c) The commission may provide a grant under Subsection (b)
918		-	only in accordance with a contract between the commission and the
919		-	municipality. The contract must include provisions under which the
920		-	commission is granted sufficient control to ensure the public
921		-	purpose of sex trafficking prevention is accomplished and the state
922		-	receives the return benefit.
923		-	Sec. 50.0053. FUNDING. In addition to money appropriated
924		-	by the legislature, the commission may solicit and accept gifts,
925		-	grants, or donations from any source to administer and finance the
926		-	matching grant program established under this subchapter.
927		-	SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
928		-	LAW ENFORCEMENT
929		-	Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The
930		-	office of the governor, in collaboration with the Child Sex
931		-	Trafficking Prevention Unit established under Section 772.0062,
932		-	Government Code, shall establish and administer a grant program to
933		-	train local law enforcement officers to recognize signs of sex
934		-	trafficking.
935		-	(b) The office of the governor may establish eligibility
936		-	criteria for a grant applicant.
937		-	(c) A grant awarded under this section must include
938		-	provisions under which the office of the governor is provided
939		-	sufficient control to ensure the public purpose of sex trafficking
940		-	prevention is accomplished and the state receives the return
941		-	benefit.
942		-	Sec. 50.0102. FUNDING. In addition to money appropriated
943		-	by the legislature, the office of the governor may solicit and
944		-	accept gifts, grants, or donations from any source to administer
945		-	and finance the grant program established under this subchapter.
946		-	SECTION 5.02. As soon as practicable after the effective
947		-	date of this Act:
948		-	(1) the executive commissioner of the Health and Human
949		-	Services Commission shall adopt rules as necessary to implement
950		-	Subchapters A and B, Chapter 50, Health and Safety Code, as added by
951		-	this article; and
952		-	(2) the governor shall adopt rules as necessary to
953		-	implement Subchapter C, Chapter 50, Health and Safety Code, as
954		-	added by this article.
955		-	SECTION 5.03. A state agency is required to implement a
956		-	provision of this article only if the legislature appropriates
957		-	money to the agency specifically for the purpose of implementing
958		-	the applicable provision. If the legislature does not appropriate
959		-	money specifically for the purpose of implementing the applicable
960		-	provision, the agency may, but is not required to, implement the
961		-	provision using other appropriations available for that purpose.
962		-	ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
963		-	PERSONS INVOLVED IN HUMAN TRAFFICKING
964		-	SECTION 6.01. Subchapter A, Chapter 2155, Government Code,
965		-	is amended by adding Section 2155.0061 to read as follows:
966		-	Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
967		-	RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state
968		-	agency may not accept a bid or award a contract, including a
969		-	contract for which purchasing authority is delegated to a state
970		-	agency, that includes proposed financial participation by a person
971		-	who, during the five-year period preceding the date of the bid or
972		-	award, has been convicted of any offense related to the direct
973		-	support or promotion of human trafficking.
974		-	(b) A bid or award subject to the requirements of this
975		-	section must include the following statement:
976		-	"Under Section 2155.0061, Government Code, the vendor
977		-	certifies that the individual or business entity named in this bid
978		-	or contract is not ineligible to receive the specified contract and
979		-	acknowledges that this contract may be terminated and payment
980		-	withheld if this certification is inaccurate."
981		-	(c) If a state agency determines that an individual or
982		-	business entity holding a state contract was ineligible to have the
983		-	bid accepted or contract awarded under this section, the state
984		-	agency may immediately terminate the contract without further
985		-	obligation to the vendor.
986		-	(d) This section does not create a cause of action to
987		-	contest a bid or award of a state contract.
988		-	SECTION 6.02. Section 2155.077(a-1), Government Code, is
	965	+	ARTICLE 6. REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE SCHOOLS,
	966	+	AND MASSAGE THERAPISTS
	967	+	SECTION 6.01. Section 455.152, Occupations Code, is amended
	968	+	to read as follows:
	969	+	Sec. 455.152. INELIGIBILITY FOR LICENSE. [(a)] A person
	970	+	is not eligible for a license as a massage establishment, massage
	971	+	school, massage therapist, or massage therapy instructor if the
	972	+	person is an individual and has been convicted of, entered a plea of
	973	+	nolo contendere or guilty to, or received deferred adjudication for
	974	+	an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
	975	+	43, Penal Code, or another sexual offense.
	976	+	[(b) A person convicted of a violation of this chapter is
	977	+	ineligible for a license as a massage establishment, massage
	978	+	school, massage therapist, or massage therapy instructor until the
	979	+	fifth anniversary of the date of the conviction.]
	980	+	SECTION 6.02. Section 455.1525, Occupations Code, is
989	981		amended to read as follows:
990		-	(a-1) The commission shall bar a vendor from participating
991		-	in state contracts that are subject to this subtitle, including
992		-	contracts for which purchasing authority is delegated to a state
993		-	agency, if the vendor has been:
994		-	(1) convicted of violating a federal law in connection
995		-	with a contract awarded by the federal government for relief,
996		-	recovery, or reconstruction efforts as a result of Hurricane Rita,
997		-	as defined by Section 39.459, Utilities Code, Hurricane Katrina, or
998		-	any other disaster occurring after September 24, 2005; [or]
999		-	(2) assessed a penalty in a federal civil or
1000		-	administrative enforcement action in connection with a contract
1001		-	awarded by the federal government for relief, recovery, or
1002		-	reconstruction efforts as a result of Hurricane Rita, as defined by
1003		-	Section 39.459, Utilities Code, Hurricane Katrina, or any other
1004		-	disaster occurring after September 24, 2005; or
1005		-	(3) convicted of any offense related to the direct
1006		-	support or promotion of human trafficking.
1007		-	SECTION 6.03. Section 2155.0061, Government Code, as added
1008		-	by this article, applies only in relation to a state contract for
1009		-	which the request for bids or proposals or other applicable
1010		-	expressions of interest are made public on or after the effective
1011		-	date of this Act.
1012		-	SECTION 6.04. Section 2155.077, Government Code, as amended
1013		-	by this article, applies only to a contract entered into on or after
1014		-	the effective date of this Act.
	982	+	Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION
	983	+	REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a) The
	984	+	department shall require an applicant for a license to submit a
	985	+	complete and legible set of fingerprints, on a form prescribed by
	986	+	the department, to the department or to the Department of Public
	987	+	Safety for the purpose of obtaining criminal history record
	988	+	information from the Department of Public Safety and the Federal
	989	+	Bureau of Investigation [On receipt of an application for a license
	990	+	under this chapter, the department shall conduct a criminal
	991	+	background check on the applicant].
	992	+	(b) The department may not issue a license to a person who
	993	+	does not comply with the requirement of Subsection (a).
	994	+	(c) The department shall conduct a criminal history record
	995	+	information check of each applicant for a license using
	996	+	information:
	997	+	(1) provided by the individual under this section; and
	998	+	(2) made available to the department by the Department
	999	+	of Public Safety, the Federal Bureau of Investigation, and any
	1000	+	other criminal justice agency under Chapter 411, Government Code.
	1001	+	(d) The department may:
	1002	+	(1) enter into an agreement with the Department of
	1003	+	Public Safety to administer a criminal history record information
	1004	+	check required under this section; and
	1005	+	(2) authorize the Department of Public Safety to
	1006	+	collect from each applicant the costs incurred by the Department of
	1007	+	Public Safety in conducting the criminal history record information
	1008	+	check.
	1009	+	SECTION 6.03. Subchapter D, Chapter 455, Occupations Code,
	1010	+	is amended by adding Section 455.1605 to read as follows:
	1011	+	Sec. 455.1605. CRIMINAL HISTORY RECORD INFORMATION
	1012	+	REQUIREMENT FOR LICENSE RENEWAL. As required by department rule,
	1013	+	an applicant renewing a license issued under this chapter shall
	1014	+	submit a complete and legible set of fingerprints for purposes of
	1015	+	performing a criminal history record information check of the
	1016	+	applicant as provided by Section 455.1525.
	1017	+	SECTION 6.04. Subchapter D, Chapter 455, Occupations Code,
	1018	+	is amended by adding Section 455.161 to read as follows:
	1019	+	Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The
	1020	+	department shall require a student enrolled in a massage school in
	1021	+	this state to hold a permit stating the student's name and the name
	1022	+	of the school. The permit must be displayed in a reasonable manner
	1023	+	at the school.
	1024	+	(b) The department shall issue a student permit to an
	1025	+	applicant who submits an application to the department for a
	1026	+	student permit accompanied by any required fee.
	1027	+	(c) An applicant for a student permit described by this
	1028	+	section shall:
	1029	+	(1) submit an enrollment application to the department
	1030	+	in a form and manner prescribed by the department; and
	1031	+	(2) satisfy other requirements specified by the
	1032	+	department.
	1033	+	SECTION 6.05. Subchapter E, Chapter 455, Occupations Code,
	1034	+	is amended by adding Section 455.207 to read as follows:
	1035	+	Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED.
	1036	+	(a) Each massage establishment and massage school shall display in
	1037	+	the form and manner prescribed by the commission a sign concerning
	1038	+	services and assistance available to victims of human trafficking.
	1039	+	(b) The sign required by this section must include a
	1040	+	toll-free telephone number of a nationally recognized information
	1041	+	and referral hotline for victims of human trafficking.
	1042	+	(c) The commission by rule shall establish requirements
	1043	+	regarding the posting of signs under this section.
	1044	+	SECTION 6.06. Sections 455.251(a) and (c), Occupations
	1045	+	Code, are amended to read as follows:
	1046	+	(a) The commission or executive director may refuse to issue
	1047	+	a license to a person and may [shall] suspend, revoke, or refuse to
	1048	+	renew the license of a person or may [shall] reprimand a person
	1049	+	licensed under this chapter if the person:
	1050	+	(1) obtains or attempts to obtain a license by fraud,
	1051	+	misrepresentation, or concealment of material facts;
	1052	+	(2) sells, barters, or offers to sell or barter a
	1053	+	license;
	1054	+	(3) violates a rule adopted by the commission under
	1055	+	this chapter;
	1056	+	(4) engages in unprofessional conduct as defined by
	1057	+	commission rule that endangers or is likely to endanger the health,
	1058	+	welfare, or safety of the public;
	1059	+	(5) violates an order or ordinance adopted by a
	1060	+	political subdivision under Chapter 243, Local Government Code; or
	1061	+	(6) violates this chapter.
	1062	+	(c) The commission or executive director:
	1063	+	(1) shall revoke the license of a person licensed as a
	1064	+	massage school or massage establishment if the commission or
	1065	+	executive director determines that[:
	1066	+	[(1)] the school or establishment is a sexually
	1067	+	oriented business; and [or]
	1068	+	(2) may revoke the license of a person licensed as a
	1069	+	massage school or massage establishment if the commission or
	1070	+	executive director determines that an offense involving
	1071	+	prostitution or another sexual offense that resulted in a
	1072	+	conviction for the offense, a plea of nolo contendere or guilty to
	1073	+	the offense, or a grant of deferred adjudication for the offense
	1074	+	occurred on the premises of the school or establishment.
	1075	+	SECTION 6.07. Section 455.158, Occupations Code, is
	1076	+	repealed.
	1077	+	SECTION 6.08. Not later than January 1, 2020, the Texas
	1078	+	Commission of Licensing and Regulation shall adopt rules necessary
	1079	+	to implement the changes in law made by this article to Chapter 455,
	1080	+	Occupations Code.
	1081	+	SECTION 6.09. Section 455.1525, Occupations Code, as
	1082	+	amended by this article, and Section 455.1605, Occupations Code, as
	1083	+	added by this article, apply only to an application for the issuance
	1084	+	or renewal of a license submitted on or after January 1, 2020. An
	1085	+	application submitted before that date is governed by the law in
	1086	+	effect on the date the application was submitted, and the former law
	1087	+	is continued in effect for that purpose.
	1088	+	SECTION 6.10. (a) In this section, "massage school" has
	1089	+	the meaning assigned by Section 455.001, Occupations Code.
	1090	+	(b) Section 455.161, Occupations Code, as added by this
	1091	+	article, applies to a student who is enrolled in a massage school on
	1092	+	or after January 1, 2020.
	1093	+	(c) The Texas Commission of Licensing and Regulation shall
	1094	+	adopt rules under Section 455.161, Occupations Code, as added by
	1095	+	this article, not later than November 1, 2019.
	1096	+	SECTION 6.11. A massage establishment, as defined by
	1097	+	Section 455.001, Occupations Code, shall comply with Section
	1098	+	455.207, Occupations Code, as added by this article, not later than
	1099	+	January 1, 2020.
	1100	+	SECTION 6.12. The change in law made by this article to
	1101	+	Section 455.251, Occupations Code, applies only to conduct that
	1102	+	occurs on or after the effective date of this Act. Conduct that
	1103	+	occurs before the effective date of this Act is governed by the law
	1104	+	in effect on the date the conduct occurred, and the former law is
	1105	+	continued in effect for that purpose.
	1106	+	SECTION 6.13. (a) Except as provided by Subsection (b) of
	1107	+	this section, this article takes effect September 1, 2019.
	1108	+	(b) Section 455.161, Occupations Code, as added by this
	1109	+	article, takes effect January 1, 2020.
1015	1110		ARTICLE 7. EFFECTIVE DATE
1016		-	SECTION 7.01. This Act takes effect September 1, 2019.
1017		-	______________________________ ______________________________
1018		-	President of the Senate Speaker of the House
1019		-	I hereby certify that S.B. No. 20 passed the Senate on
1020		-	March 27, 2019, by the following vote: Yeas 31, Nays 0;
1021		-	May 23, 2019, Senate refused to concur in House amendments and
1022		-	requested appointment of Conference Committee; May 23, 2019, House
1023		-	granted request of the Senate; May 26, 2019, Senate adopted
1024		-	Conference Committee Report by the following vote: Yeas 31,
1025		-	Nays 0.
1026		-	______________________________
1027		-	Secretary of the Senate
1028		-	I hereby certify that S.B. No. 20 passed the House, with
1029		-	amendments, on May 22, 2019, by the following vote: Yeas 126,
1030		-	Nays 10, two present not voting; May 23, 2019, House granted
1031		-	request of the Senate for appointment of Conference Committee;
1032		-	May 26, 2019, House adopted Conference Committee Report by the
1033		-	following vote: Yeas 146, Nays 0, one present not voting.
1034		-	______________________________
1035		-	Chief Clerk of the House
1036		-	Approved:
1037		-	______________________________
1038		-	Date
1039		-	______________________________
1040		-	Governor
	1111	+	SECTION 7.01. Except as otherwise provided by this Act,
	1112	+	this Act takes effect September 1, 2019.