Texas 2021 - 87th Regular

Texas House Bill HB1540 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1540
	1	+	By: Thompson of Harris, et al. H.B. No. 1540
	2	+	(Senate Sponsor - Huffman)
	3	+	(In the Senate - Received from the House April 14, 2021;
	4	+	April 19, 2021, read first time and referred to Committee on
	5	+	Jurisprudence; May 17, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 4, Nays 0;
	7	+	May 17, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1540 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to regulation of certain facilities and establishments
6	15		with respect to, civil remedies for certain criminal activities
7	16		affecting, and certain criminal offenses involving health, safety,
8	17		and welfare; creating a criminal offense; increasing criminal
9	18		penalties.
10	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	20		SECTION 1. Section 11.44(b), Alcoholic Beverage Code, is
12	21		amended to read as follows:
13	22		(b) The commission shall deny an application for a permit or
14	23		license for any location of an applicant who submitted a prior
15	24		application that expired or was voluntarily surrendered before the
16	25		hearing on the application was held on a protest involving
17	26		allegations of prostitution, a shooting, stabbing, or other violent
18	27		act, or an offense involving drugs, [or] trafficking of persons, or
19	28		drink solicitation as described by Section 104.01 before the third
20	29		anniversary of the date the prior application expired or was
21	30		voluntarily surrendered.
22	31		SECTION 2. Section 11.46(c), Alcoholic Beverage Code, is
23	32		amended to read as follows:
24	33		(c) The commission shall deny for a period of one year after
25	34		cancellation an application for a mixed beverage permit or private
26	35		club registration permit for a premises where a license or permit
27	36		has been canceled during the preceding 12 months as a result of:
28	37		(1) a shooting, stabbing, or other violent act;[,] or
29	38		(2) [as a result of] an offense involving drugs,
30	39		prostitution, [or] trafficking of persons, or drink solicitation as
31	40		described by Section 104.01.
32	41		SECTION 3. Section 61.42(c), Alcoholic Beverage Code, as
33	42		effective September 1, 2021, is amended to read as follows:
34	43		(c) The commission shall deny for a period of one year an
35	44		application for a retail dealer's on-premise license or a wine and
36	45		malt beverage retailer's permit for a premises where a license or
37	46		permit has been canceled during the preceding 12 months as a result
38	47		of:
39	48		(1) a shooting, stabbing, or other violent act; [,] or
40	49		(2) [as a result of] an offense involving drugs,
41	50		prostitution, [or] trafficking of persons, or drink solicitation as
42	51		described by Section 104.01.
43	52		SECTION 4. Chapter 98, Civil Practice and Remedies Code, is
44	53		amended by adding Section 98.007 to read as follows:
45	54		Sec. 98.007. CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a)
46	55		In this section, "confidential identity" means:
47	56		(1) the use of a pseudonym; and
48	57		(2) the absence of any other identifying information,
49	58		including address, telephone number, and social security number.
50	59		(b) Except as otherwise provided by this section, in an
51	60		action under this chapter, the court shall:
52	61		(1) make it known to the claimant as early as possible
53	62		in the proceedings of the action that the claimant may use a
54	63		confidential identity in relation to the action;
55	64		(2) allow a claimant to use a confidential identity in
56	65		all petitions, filings, and other documents presented to the court;
57	66		(3) use the confidential identity in all of the court's
58	67		proceedings and records relating to the action, including any
59	68		appellate proceedings; and
60	69		(4) maintain the records relating to the action in a
61	70		manner that protects the confidentiality of the claimant.
62	71		(c) In an action under this chapter, only the following
63	72		persons are entitled to know the true identifying information about
64	73		the claimant:
65	74		(1) the judge;
66	75		(2) a party to the action;
67	76		(3) the attorney representing a party to the action;
68	77		and
69	78		(4) a person authorized by a written order of a court
70	79		specific to that person.
71	80		(d) The court shall order that a person entitled to know the
72	81		true identifying information under Subsection (c) may not divulge
73	82		that information to anyone without a written order of the court. A
74	83		court shall hold a person who violates the order in contempt.
75	84		(e) Notwithstanding Section 22.004, Government Code, the
76	85		supreme court may not amend or adopt rules in conflict with this
77	86		section.
78	87		(f) A claimant is not required to use a confidential
79	88		identity as provided by this section.
80	89		SECTION 5. Section 125.0017, Civil Practice and Remedies
81	90		Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
82	91		Legislature, Regular Session, 2017, is amended to read as follows:
83	92		Sec. 125.0017. NOTICE BY LAW ENFORCEMENT OF [ARREST FOR]
84	93		CERTAIN ACTIVITIES. If a law enforcement agency has reason to
85	94		believe [makes an arrest related to] an activity described by
86	95		Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at
87	96		property leased to a person operating a massage establishment as
88	97		defined by Section 455.001, Occupations Code, [not later than the
89	98		seventh day after the date of the arrest,] the law enforcement
90	99		agency may [shall] provide written notice by certified mail to each
91	100		person maintaining the property of the alleged activity [arrest].
92	101		SECTION 6. Section 125.0025(b), Civil Practice and Remedies
93	102		Code, is amended to read as follows:
94	103		(b) Except as provided by Section 125.005 [125.003(d)], on a
95	104		finding that a web address or computer network is a common nuisance,
96	105		the sole remedy available is a judicial finding issued to the
97	106		attorney general.
98	107		SECTION 7. Sections 125.004(a-1) and (a-2), Civil Practice
99	108		and Remedies Code, are amended to read as follows:
100	109		(a-1) Proof in the form of a person's arrest or the
101	110		testimony of a law enforcement agent that an activity described by
102	111		Section 125.0015(a)(6) or (7) is committed at a place licensed as a
103	112		massage establishment under Chapter 455, Occupations Code, or
104	113		advertised as offering massage therapy or massage services, after
105	114		notice [of an arrest] was provided to the defendant in accordance
106	115		with Section 125.0017, is prima facie evidence that the defendant:
107	116		(1) knowingly tolerated the activity; and
108	117		(2) did not make a reasonable attempt to abate the
109	118		activity.
110	119		(a-2) Proof that an activity described by Section
111	120		125.0015(a)(18) is committed at a place maintained by the
112	121		defendant, after notice [of an arrest] was provided to the
113	122		defendant in accordance with Section 125.0017, is prima facie
114	123		evidence that the defendant:
115	124		(1) knowingly tolerated the activity; and
116	125		(2) did not make a reasonable attempt to abate the
117	126		activity.
118	127		SECTION 8. Section 125.004(a-3), Civil Practice and
119	128		Remedies Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
120	129		Legislature, Regular Session, 2017, is amended to read as follows:
121	130		(a-3) For purposes of Subsections (a-1) and (a-2), notice is
122	131		considered to be provided to the defendant the earlier of:
123	132		(1) seven days after the postmark date of the notice
124	133		provided under Section 125.0017; or
125	134		(2) the date the defendant actually received notice
126	135		under Section 125.0017.
127	136		SECTION 9. Subchapter A, Chapter 125, Civil Practice and
128	137		Remedies Code, is amended by adding Section 125.005 to read as
129	138		follows:
130	139		Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER
131	140		CHAPTER. In an action brought under this chapter, the court may
132	141		award a prevailing party reasonable attorney's fees in addition to
133	142		costs incurred in bringing the action. In determining the amount of
134	143		attorney's fees, the court shall consider:
135	144		(1) the time and labor involved;
136	145		(2) the novelty and difficulty of the questions;
137	146		(3) the expertise, reputation, and ability of the
138	147		attorney; and
139	148		(4) any other factor considered relevant by the court.
140	149		SECTION 10. Section 125.070(d), Civil Practice and Remedies
141	150		Code, is amended to read as follows:
142	151		(d) A district, county, or city attorney or the attorney
143	152		general may sue for money damages on behalf of the state or a
144	153		governmental entity. If the state or a governmental entity
145	154		prevails in a suit under this section, the state or governmental
146	155		entity may recover:
147	156		(1) actual damages;
148	157		(2) a civil penalty in an amount not to exceed $20,000
149	158		for each violation; and
150	159		(3) court costs and attorney's fees in accordance with
151	160		Section 125.005.
152	161		SECTION 11. Section 140A.002, Civil Practice and Remedies
153	162		Code, is amended to read as follows:
154	163		Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise
155	164		commits racketeering if, for financial gain, the person or
156	165		enterprise commits an offense under Chapter 20A, Penal Code
157	166		(trafficking of persons)[, and the offense or an element of the
158	167		offense:
159	168		[(1) occurs in more than one county in this state; or
160	169		[(2) is facilitated by the use of United States mail,
161	170		e-mail, telephone, facsimile, or a wireless communication from one
162	171		county in this state to another].
163	172		SECTION 12. Section 140A.102(b), Civil Practice and
164	173		Remedies Code, is amended to read as follows:
165	174		(b) Following a final determination of liability under this
166	175		chapter, the court may issue an appropriate order, including an
167	176		order that:
168	177		(1) requires a person to divest any direct or indirect
169	178		interest in an enterprise;
170	179		(2) imposes reasonable restrictions on the future
171	180		activities or investments of a person that affect the laws of this
172	181		state, including prohibiting a person from engaging in the type of
173	182		endeavor or enterprise that gave rise to the racketeering offense,
174	183		to the extent permitted by the constitutions of this state and the
175	184		United States;
176	185		(3) requires the dissolution or reorganization of an
177	186		enterprise involved in the suit;
178	187		(4) orders the recovery of reasonable fees, expenses,
179	188		and costs incurred in obtaining injunctive relief or civil remedies
180	189		or in conducting investigations under this chapter, including court
181	190		costs, investigation costs, attorney's fees, witness fees, and
182	191		deposition fees;
183	192		(5) orders payment to the state of an amount equal to:
184	193		(A) the gain acquired or maintained through
185	194		racketeering; or
186	195		(B) the amount for which a person is liable under
187	196		this chapter;
188	197		(6) orders payment to the state of a civil penalty by a
189	198		person or enterprise found liable for racketeering, in an amount
190	199		not to exceed $250,000 for each separately alleged and proven act of
191	200		racketeering;
192	201		(7) orders payment of damages to the state for
193	202		racketeering shown to have materially damaged the state; and [or]
194	203		(8) orders that property attached under Chapter 61 be
195	204		used to satisfy an award of the court, including damages,
196	205		penalties, costs, and fees.
197	206		SECTION 13. Section 140A.104(d), Civil Practice and
198	207		Remedies Code, is amended to read as follows:
199	208		(d) An enterprise may not be held liable under this chapter
200	209		based on the conduct of a person [an agent] unless the finder of
201	210		fact finds by a preponderance of the evidence that a director or
202	211		high managerial agent performed, authorized, requested, commanded,
203	212		participated in, ratified, or recklessly tolerated the unlawful
204	213		conduct of the person [agent].
205	214		SECTION 14. Articles 42A.453(a) and (c), Code of Criminal
206	215		Procedure, are amended to read as follows:
207	216		(a) In this article, "playground," "premises," "school,"
208	217		"video arcade facility," and "youth center" have the meanings
209	218		assigned by Section 481.134, Health and Safety Code, and "general
210	219		residential operation" has the meaning assigned by Section 42.002,
211	220		Human Resources Code.
212	221		(c) If a judge grants community supervision to a defendant
213	222		described by Subsection (b) and the judge determines that a child as
214	223		defined by Section 22.011(c), Penal Code, was the victim of the
215	224		offense, the judge shall establish a child safety zone applicable
216	225		to the defendant by requiring as a condition of community
217	226		supervision that the defendant:
218	227		(1) not:
219	228		(A) supervise or participate in any program that:
220	229		(i) includes as participants or recipients
221	230		persons who are 17 years of age or younger; and
222	231		(ii) regularly provides athletic, civic, or
223	232		cultural activities; or
224	233		(B) go in, on, or within 1,000 feet of a premises
225	234		where children commonly gather, including a school, day-care
226	235		facility, playground, public or private youth center, public
227	236		swimming pool, [or] video arcade facility, or general residential
228	237		operation operating as a residential treatment center; and
229	238		(2) attend psychological counseling sessions for sex
230	239		offenders with an individual or organization that provides sex
231	240		offender treatment or counseling as specified or approved by the
232	241		judge or the defendant's supervision officer.
233	242		SECTION 15. Subchapter B, Chapter 301, Government Code, is
234	243		amended by adding Section 301.0221 to read as follows:
235	244		Sec. 301.0221. USE OF PSEUDONYM BY VICTIMS OF HUMAN
236	245		TRAFFICKING. (a) Each legislative committee shall allow a witness
237	246		who is the victim of an offense under Section 20A.02 or 20A.03,
238	247		Penal Code, to give testimony to the committee relating to the
239	248		witness's experience as a victim of trafficking of persons using a
240	249		pseudonym instead of the witness's name.
241	250		(b) The name of a witness who uses a pseudonym authorized by
242	251		Subsection (a) is confidential and may not be included in any public
243	252		records of the committee.
244	253		SECTION 16. Section 481.134(a), Health and Safety Code, is
245	254		amended by adding Subdivision (8) to read as follows:
246	255		(8) "General residential operation" has the meaning
247	256		assigned by Section 42.002, Human Resources Code.
248	257		SECTION 17. Sections 481.134(b), (c), (d), (e), and (f),
249	258		Health and Safety Code, are amended to read as follows:
250	259		(b) An offense otherwise punishable as a state jail felony
251	260		under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
252	261		punishable as a felony of the third degree, and an offense otherwise
253	262		punishable as a felony of the second degree under any of those
254	263		sections is punishable as a felony of the first degree, if it is
255	264		shown at the punishment phase of the trial of the offense that the
256	265		offense was committed:
257	266		(1) in, on, or within 1,000 feet of premises owned,
258	267		rented, or leased by an institution of higher learning, the
259	268		premises of a public or private youth center, or a playground; [or]
260	269		(2) in, on, or within 300 feet of the premises of a
261	270		public swimming pool or video arcade facility; or
262	271		(3) by any unauthorized person 18 years of age or
263	272		older, in, on, or within 1,000 feet of premises owned, rented, or
264	273		leased by a general residential operation operating as a
265	274		residential treatment center.
266	275		(c) The minimum term of confinement or imprisonment for an
267	276		offense otherwise punishable under Section 481.112(c), (d), (e), or
268	277		(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
269	278		481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
270	279		or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
271	280		481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
272	281		(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
273	282		years and the maximum fine for the offense is doubled if it is shown
274	283		on the trial of the offense that the offense was committed:
275	284		(1) in, on, or within 1,000 feet of the premises of a
276	285		school, the premises of a public or private youth center, or a
277	286		playground; [or]
278	287		(2) on a school bus; or
279	288		(3) by any unauthorized person 18 years of age or
280	289		older, in, on, or within 1,000 feet of premises owned, rented, or
281	290		leased by a general residential operation operating as a
282	291		residential treatment center.
283	292		(d) An offense otherwise punishable under Section
284	293		481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
285	294		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
286	295		481.121(b)(3) is a felony of the third degree if it is shown on the
287	296		trial of the offense that the offense was committed:
288	297		(1) in, on, or within 1,000 feet of any real property
289	298		that is owned, rented, or leased to a school or school board, the
290	299		premises of a public or private youth center, or a playground; [or]
291	300		(2) on a school bus; or
292	301		(3) by any unauthorized person 18 years of age or
293	302		older, in, on, or within 1,000 feet of premises owned, rented, or
294	303		leased by a general residential operation operating as a
295	304		residential treatment center.
296	305		(e) An offense otherwise punishable under Section
297	306		481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
298	307		jail felony if it is shown on the trial of the offense that the
299	308		offense was committed:
300	309		(1) in, on, or within 1,000 feet of any real property
301	310		that is owned, rented, or leased to a school or school board, the
302	311		premises of a public or private youth center, or a playground; [or]
303	312		(2) on a school bus; or
304	313		(3) by any unauthorized person 18 years of age or
305	314		older, in, on, or within 1,000 feet of premises owned, rented, or
306	315		leased by a general residential operation operating as a
307	316		residential treatment center.
308	317		(f) An offense otherwise punishable under Section
309	318		481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
310	319		A misdemeanor if it is shown on the trial of the offense that the
311	320		offense was committed:
312	321		(1) in, on, or within 1,000 feet of any real property
313	322		that is owned, rented, or leased to a school or school board, the
314	323		premises of a public or private youth center, or a playground; [or]
315	324		(2) on a school bus; or
316	325		(3) by any unauthorized person 18 years of age or
317	326		older, in, on, or within 1,000 feet of premises owned, rented, or
318	327		leased by a general residential operation operating as a
319	328		residential treatment center.
320	329		SECTION 18. Section 42.002, Human Resources Code, is
321	330		amended by adding Subdivision (25) to read as follows:
322	331		(25) "Grounds" means, with regard to property, the
323	332		real property, whether fenced or unfenced, of the parcel of land on
324	333		which is located any appurtenant building, structure, or other
325	334		improvement, including a public or private driveway, street,
326	335		sidewalk or walkway, parking lot, and parking garage on the
327	336		property.
328	337		SECTION 19. Sections 42.042(e), (g), and (g-2), Human
329	338		Resources Code, are amended to read as follows:
330	339		(e) The executive commissioner shall promulgate minimum
331	340		standards that apply to licensed child-care facilities and to
332	341		registered family homes covered by this chapter and that will:
333	342		(1) promote the health, safety, and welfare of
334	343		children attending a facility or registered family home;
335	344		(2) promote safe, comfortable, and healthy physical
336	345		facilities and registered family homes for children;
337	346		(3) ensure adequate supervision of children by
338	347		capable, qualified, and healthy personnel;
339	348		(4) ensure adequate and healthy food service where
340	349		food service is offered;
341	350		(5) prohibit racial discrimination by child-care
342	351		facilities and registered family homes;
343	352		(6) require procedures for parental and guardian
344	353		consultation in the formulation of children's educational and
345	354		therapeutic programs;
346	355		(7) prevent the breakdown of foster care and adoptive
347	356		placement; [and]
348	357		(8) ensure that a child-care facility or registered
349	358		family home:
350	359		(A) follows the directions of a child's physician
351	360		or other health care provider in providing specialized medical
352	361		assistance required by the child; and
353	362		(B) maintains for a reasonable time a copy of any
354	363		directions from the physician or provider that the parent provides
355	364		to the facility or home; and
356	365		(9) ensure that a child's health, safety, and welfare
357	366		are adequately protected on the grounds of a child-care facility or
358	367		registered family home.
359	368		(g) In promulgating minimum standards the executive
360	369		commissioner may recognize and treat differently the types of
361	370		services provided by and the grounds appurtenant to the following:
362	371		(1) listed family homes;
363	372		(2) registered family homes;
364	373		(3) child-care facilities, including general
365	374		residential operations, cottage home operations, specialized
366	375		child-care homes, group day-care homes, and day-care centers;
367	376		(4) child-placing agencies;
368	377		(5) agency foster homes;
369	378		(6) continuum-of-care residential operations;
370	379		(7) before-school or after-school programs; and
371	380		(8) school-age programs.
372	381		(g-2) The executive commissioner by rule shall adopt
373	382		minimum standards that apply to general residential operations that
374	383		provide comprehensive residential and nonresidential services to
375	384		persons who are victims of trafficking under Section 20A.02, Penal
376	385		Code. In adopting the minimum standards under this subsection, the
377	386		executive commissioner shall consider:
378	387		(1) the special circumstances, [and] needs, and
379	388		precautions required of victims of trafficking of persons; [and]
380	389		(2) the role of the general residential operations in
381	390		assisting, [and] supporting, and protecting victims of trafficking
382	391		of persons; and
383	392		(3) the vulnerability of victims of trafficking of
384	393		persons on the grounds of a general residential operation operating
385	394		as a residential treatment center.
386	395		SECTION 20. Subchapter C, Chapter 42, Human Resources Code,
387	396		is amended by adding Section 42.068 to read as follows:
388	397		Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE;
389	398		CRIMINAL PENALTY. (a) Each general residential operation
390	399		operating as a residential treatment center shall post "No
391	400		Trespassing" notices on the grounds of the general residential
392	401		operation in the following locations:
393	402		(1) parallel to and along the exterior boundaries of
394	403		the general residential operation's grounds;
395	404		(2) at each roadway or other way of access to the
396	405		grounds;
397	406		(3) for grounds not fenced, at least every five
398	407		hundred feet along the exterior boundaries of the grounds;
399	408		(4) at each entrance to the grounds; and
400	409		(5) at conspicuous places reasonably likely to be
401	410		viewed by intruders.
402	411		(b) Each "No Trespassing" notice posted on the grounds of a
403	412		general residential operation operating as a residential treatment
404	413		center must:
405	414		(1) state that entry to the property is forbidden;
406	415		(2) include a description of the provisions of
407	416		Section 30.05, Penal Code, including the penalties for violating
408	417		Section 30.05, Penal Code;
409	418		(3) include the name and address of the person under
410	419		whose authority the notice is posted;
411	420		(4) be written in English and Spanish; and
412	421		(5) be at least 8-1/2 by 11 inches in size.
413	422		(c) The executive commissioner by rule shall determine and
414	423		prescribe the requirements regarding the placement, installation,
415	424		design, size, wording, and maintenance procedures for the "No
416	425		Trespassing" notices.
417	426		(d) The commission shall provide without charge to each
418	427		general residential operation operating as a residential treatment
419	428		center the number of "No Trespassing" notices required to comply
420	429		with this section and rules adopted under this section.
421	430		(e) A person who operates a general residential operation
422	431		operating as a residential treatment center commits an offense if
423	432		the commission provides "No Trespassing" notices to the facility
424	433		and the person fails to display the "No Trespassing" notices on the
425	434		operation's grounds as required by this section before the end of
426	435		the 30th business day after the date the operation receives the
427	436		notices. An offense under this subsection is a Class C misdemeanor.
428	437		SECTION 21. Section 20A.01, Penal Code, is amended by
429		-	adding ~~Subdivisions~~ (1-a~~), (2-a), and (2-b~~) to read as follows:
	438	+	adding Subdivision (1-a) to read as follows:
430	439		(1-a) "Coercion" as defined by Section 1.07 includes:
431	440		(A) destroying, concealing, confiscating, or
432	441		withholding from a trafficked person, or threatening to destroy,
433	442		conceal, confiscate, or withhold from a trafficked person, the
434	443		person's actual or purported:
435	444		(i) government records; or
436	445		(ii) identifying information or documents;
437	446		(B) causing a trafficked person, without the
438	447		person's consent, to become intoxicated, as defined by Section
439	448		49.01, to a degree that impairs the person's ability to appraise the
440	449		nature of or resist engaging in any conduct, including performing
441	450		or providing labor or services; or
442	451		(C) withholding alcohol or a controlled
443	452		substance to a degree that impairs the ability of a trafficked
444	453		person with a chemical dependency, as defined by Section 462.001,
445	454		Health and Safety Code, to appraise the nature of or resist engaging
446	455		in any conduct, including performing or providing labor or
447	456		services.
448		-	(2-a) "Premises" has the meaning assigned by Section
449		-	481.134, Health and Safety Code.
450		-	(2-b) "School" means a public or private primary or
451		-	secondary school.
452		-	SECTION 22. Sections 20A.02, Penal Code, is amended by
453		-	amending Subsections (a) and (b) and adding Subsection (b-1) to
	457	+	SECTION 22. Section 20A.02(b), Penal Code, is amended to
454	458		read as follows:
455		-	(a) A person commits an offense if the person knowingly:
456		-	(1) traffics another person with the intent that the
457		-	trafficked person engage in forced labor or services;
458		-	(2) receives a benefit from participating in a venture
459		-	that involves an activity described by Subdivision (1), including
460		-	by receiving labor or services the person knows are forced labor or
461		-	services;
462		-	(3) traffics another person and, through force, fraud,
463		-	or coercion, causes the trafficked person to engage in conduct
464		-	prohibited by:
465		-	(A) Section 43.02 (Prostitution);
466		-	(B) Section 43.03 (Promotion of Prostitution);
467		-	(B-1) Section 43.031 (Online Promotion of
468		-	Prostitution);
469		-	(C) Section 43.04 (Aggravated Promotion of
470		-	Prostitution);
471		-	(C-1) Section 43.041 (Aggravated Online
472		-	Promotion of Prostitution); or
473		-	(D) Section 43.05 (Compelling Prostitution);
474		-	(4) receives a benefit from participating in a venture
475		-	that involves an activity described by Subdivision (3) or engages
476		-	in sexual conduct with a person trafficked in the manner described
477		-	in Subdivision (3);
478		-	(5) traffics a child with the intent that the
479		-	trafficked child engage in forced labor or services;
480		-	(6) receives a benefit from participating in a venture
481		-	that involves an activity described by Subdivision (5), including
482		-	by receiving labor or services the person knows are forced labor or
483		-	services;
484		-	(7) traffics a child and by any means causes the
485		-	trafficked child to engage in, or become the victim of, conduct
486		-	prohibited by:
487		-	(A) Section 21.02 (Continuous Sexual Abuse of
488		-	Young Child or Children);
489		-	(B) Section 21.11 (Indecency with a Child);
490		-	(C) Section 22.011 (Sexual Assault);
491		-	(D) Section 22.021 (Aggravated Sexual Assault);
492		-	(E) Section 43.02 (Prostitution);
493		-	(E-1) Section 43.021 (Solicitation of
494		-	Prostitution);
495		-	(F) Section 43.03 (Promotion of Prostitution);
496		-	(F-1) Section 43.031 (Online Promotion of
497		-	Prostitution);
498		-	(G) Section 43.04 (Aggravated Promotion of
499		-	Prostitution);
500		-	(G-1) Section 43.041 (Aggravated Online
501		-	Promotion of Prostitution);
502		-	(H) Section 43.05 (Compelling Prostitution);
503		-	(I) Section 43.25 (Sexual Performance by a
504		-	Child);
505		-	(J) Section 43.251 (Employment Harmful to
506		-	Children); or
507		-	(K) Section 43.26 (Possession or Promotion of
508		-	Child Pornography); or
509		-	(8) receives a benefit from participating in a venture
510		-	that involves an activity described by Subdivision (7) or engages
511		-	in sexual conduct with a child trafficked in the manner described in
512		-	Subdivision (7).
513		-	(b) Except as otherwise provided by this subsection and
514		-	Subsection (b-1), an offense under this section is a felony of the
515		-	second degree. An offense under this section is a felony of the
516		-	first degree if:
	459	+	(b) Except as otherwise provided by this subsection, an
	460	+	offense under this section is a felony of the second degree. An
	461	+	offense under this section is a felony of the first degree if:
517	462		(1) the applicable conduct constitutes an offense
518	463		under Subsection (a)(5), (6), (7), or (8), regardless of whether
519	464		the actor knows the age of the child at the time of the offense;
520	465		(2) the commission of the offense results in the death
521	466		of the person who is trafficked; [or]
522	467		(3) the commission of the offense results in the death
523	468		of an unborn child of the person who is trafficked; or
524	469		(4) the actor recruited, enticed, or obtained the
525	470		victim of the offense from a shelter or facility operating as a
526	471		residential treatment center that serves runaway youth, foster
527	472		children, the homeless, or persons subjected to human trafficking,
528	473		domestic violence, or sexual assault.
529		-	(b-1) An offense under this section is a felony of the first
530		-	degree punishable by imprisonment in the Texas Department of
531		-	Criminal Justice for life or for a term of not more than 99 years or
532		-	less than 25 years if it is shown on the trial of the offense that
533		-	the actor committed the offense in a location that was:
534		-	(1) on the premises of or within 1,000 feet of the
535		-	premises of a school; or
536		-	(2) on premises or within 1,000 feet of premises
537		-	where:
538		-	(A) an official school function was taking place;
539		-	or
540		-	(B) an event sponsored or sanctioned by the
541		-	University Interscholastic League was taking place.
542	474		SECTION 23. Section 30.05(a), Penal Code, is amended to
543	475		read as follows:
544	476		(a) A person commits an offense if the person enters or
545	477		remains on or in property of another, including residential land,
546	478		agricultural land, a recreational vehicle park, a building, a
547	479		general residential operation operating as a residential treatment
548	480		center, or an aircraft or other vehicle, without effective consent
549	481		and the person:
550	482		(1) had notice that the entry was forbidden; or
551	483		(2) received notice to depart but failed to do so.
552	484		SECTION 24. Section 30.05(b), Penal Code, is amended by
553	485		adding Subdivision (13) to read as follows:
554	486		(13) "General residential operation" has the meaning
555	487		assigned by Section 42.002, Human Resources Code.
556	488		SECTION 25. Section 30.05(d), Penal Code, is amended to
557	489		read as follows:
558	490		(d) An offense under this section is:
559	491		(1) a Class B misdemeanor, except as provided by
560	492		Subdivisions (2) and (3);
561	493		(2) a Class C misdemeanor, except as provided by
562	494		Subdivision (3), if the offense is committed:
563	495		(A) on agricultural land and within 100 feet of
564	496		the boundary of the land; or
565	497		(B) on residential land and within 100 feet of a
566	498		protected freshwater area; and
567	499		(3) a Class A misdemeanor if:
568	500		(A) the offense is committed:
569	501		(i) in a habitation or a shelter center;
570	502		(ii) on a Superfund site; or
571	503		(iii) on or in a critical infrastructure
572	504		facility;
573	505		(B) the offense is committed on or in property of
574	506		an institution of higher education and it is shown on the trial of
575	507		the offense that the person has previously been convicted of:
576	508		(i) an offense under this section relating
577	509		to entering or remaining on or in property of an institution of
578	510		higher education; or
579	511		(ii) an offense under Section 51.204(b)(1),
580	512		Education Code, relating to trespassing on the grounds of an
581	513		institution of higher education; [or]
582	514		(C) the person carries a deadly weapon during the
583	515		commission of the offense; or
584	516		(D) the offense is committed on the property of
585	517		or within a general residential operation operating as a
586	518		residential treatment center.
587	519		SECTION 26. Section 71.028(a), Penal Code, is amended to
588	520		read as follows:
589	521		(a) In this section:
590	522		(1) "General residential operation" has the meaning
591	523		assigned by Section 42.002, Human Resources Code.
592	524		(2) "Institution of higher education," "playground,"
593	525		"premises," "school," "video arcade facility," and "youth center"
594	526		have the meanings assigned by Section 481.134, Health and Safety
595	527		Code.
596	528		(3) [(2)] "Shopping mall" means an enclosed public
597	529		walkway or hall area that connects retail, service, or professional
598	530		establishments.
599	531		SECTION 27. Section 71.028(c), Penal Code, is amended to
600	532		read as follows:
601	533		(c) Except as provided by Subsection (d), the punishment
602	534		prescribed for an offense described by Subsection (b) is increased
603	535		to the punishment prescribed for the next highest category of
604	536		offense if the actor is 17 years of age or older and it is shown
605	537		beyond a reasonable doubt on the trial of the offense that the actor
606	538		committed the offense at a location that was:
607	539		(1) in, on, or within 1,000 feet of any:
608	540		(A) real property that is owned, rented, or
609	541		leased by a school or school board;
610	542		(B) premises owned, rented, or leased by an
611	543		institution of higher education;
612	544		(C) premises of a public or private youth center;
613	545		[or]
614	546		(D) playground; or
615	547		(E) general residential operation operating as a
616	548		residential treatment center;
617	549		(2) in, on, or within 300 feet of any:
618	550		(A) shopping mall;
619	551		(B) movie theater;
620	552		(C) premises of a public swimming pool; or
621	553		(D) premises of a video arcade facility; or
622	554		(3) on a school bus.
623		-	SECTION 28. Chapter 43, Penal Code, is amended by adding
624		-	Section 43.021, and a heading is added to that section to read as
625		-	follows:
626		-	Sec. 43.021. SOLICITATION OF PROSTITUTION.
627		-	SECTION 29. Sections 43.02(b) and (c-1), Penal Code, are
628		-	transferred to Section 43.021, Penal Code, as added by this Act,
629		-	redesignated as Sections 43.021(a) and (b), Penal Code,
630		-	respectively, and amended to read as follows:
631		-	(a) [(b)] A person commits an offense if the person
632		-	knowingly offers or agrees to pay a fee to another person for the
633		-	purpose of engaging in sexual conduct with that person or another.
634		-	(b) [(c-1)] An offense under Subsection (a) [(b)] is a state
635		-	jail felony [Class A misdemeanor], except that the offense is:
636		-	(1) a [state jail] felony of the third degree if the
637		-	actor has previously been convicted of an offense under Subsection
638		-	(a) or under Section 43.02(b), as that law existed before September
639		-	1, 2021 [(b)]; or
640		-	(2) a felony of the second degree if the person with
641		-	whom the actor agrees to engage in sexual conduct is:
642		-	(A) younger than 18 years of age, regardless of
643		-	whether the actor knows the age of the person at the time of the
644		-	offense;
645		-	(B) represented to the actor as being younger
646		-	than 18 years of age; or
647		-	(C) believed by the actor to be younger than 18
648		-	years of age.
649		-	SECTION 30. Section 43.021, Penal Code, as added by this
650		-	Act, is amended by adding Subsection (c) to read as follows:
651		-	(c) A conviction may be used for purposes of enhancement
652		-	under this section or enhancement under Subchapter D, Chapter 12,
653		-	but not under both this section and that subchapter. For purposes of
654		-	enhancement of penalties under this section or Subchapter D,
655		-	Chapter 12, a defendant is considered to have been previously
656		-	convicted of an offense under this section or under Section
657		-	43.02(b), as that law existed before September 1, 2021, if the
658		-	defendant was adjudged guilty of the offense or entered a plea of
659		-	guilty or nolo contendere in return for a grant of deferred
660		-	adjudication, regardless of whether the sentence for the offense
661		-	was ever imposed or whether the sentence was probated and the
662		-	defendant was subsequently discharged from community supervision.
663		-	SECTION 31. Section 25.06(a), Alcoholic Beverage Code, as
664		-	effective September 1, 2021, is amended to read as follows:
665		-	(a) The commission shall deny an original application for a
666		-	wine and malt beverage retailer's permit if the commission finds
667		-	that the applicant, or the applicant's spouse, during the five
668		-	years immediately preceding the application, was finally convicted
669		-	of a felony or one of the following offenses:
670		-	(1) prostitution or solicitation of prostitution;
671		-	(2) a vagrancy offense involving moral turpitude;
672		-	(3) bookmaking;
673		-	(4) gambling or gaming;
674		-	(5) an offense involving controlled substances as
675		-	defined in Chapter 481, Health and Safety Code, or other dangerous
676		-	drugs;
677		-	(6) a violation of this code resulting in the
678		-	cancellation of a license or permit, or a fine of not less than
679		-	$500;
680		-	(7) more than three violations of this code relating
681		-	to minors;
682		-	(8) bootlegging; or
683		-	(9) an offense involving firearms or a deadly weapon.
684		-	SECTION 32. Section 69.06(a), Alcoholic Beverage Code, is
685		-	amended to read as follows:
686		-	(a) The commission shall deny an original application for a
687		-	retail dealer's on-premise license if the commission finds that the
688		-	applicant or the applicant's spouse, during the five years
689		-	immediately preceding the application, was finally convicted of a
690		-	felony or one of the following offenses:
691		-	(1) prostitution or solicitation of prostitution;
692		-	(2) a vagrancy offense involving moral turpitude;
693		-	(3) bookmaking;
694		-	(4) gambling or gaming;
695		-	(5) an offense involving controlled substances as
696		-	defined in the Texas Controlled Substances Act, including an
697		-	offense involving a synthetic cannabinoid, or an offense involving
698		-	other dangerous drugs;
699		-	(6) a violation of this code resulting in the
700		-	cancellation of a license or permit, or a fine of not less than
701		-	$500;
702		-	(7) more than three violations of this code relating
703		-	to minors;
704		-	(8) bootlegging; or
705		-	(9) an offense involving firearms or a deadly weapon.
706		-	SECTION 33. Section 125.0015(a), Civil Practice and
707		-	Remedies Code, is amended to read as follows:
708		-	(a) A person who maintains a place to which persons
709		-	habitually go for the following purposes and who knowingly
710		-	tolerates the activity and furthermore fails to make reasonable
711		-	attempts to abate the activity maintains a common nuisance:
712		-	(1) discharge of a firearm in a public place as
713		-	prohibited by the Penal Code;
714		-	(2) reckless discharge of a firearm as prohibited by
715		-	the Penal Code;
716		-	(3) engaging in organized criminal activity as a
717		-	member of a combination as prohibited by the Penal Code;
718		-	(4) delivery, possession, manufacture, or use of a
719		-	substance or other item in violation of Chapter 481, Health and
720		-	Safety Code;
721		-	(5) gambling, gambling promotion, or communicating
722		-	gambling information as prohibited by the Penal Code;
723		-	(6) prostitution as described by Section 43.02, Penal
724		-	Code, solicitation of prostitution as described by Section 43.021,
725		-	Penal Code, promotion of prostitution as described by Section
726		-	43.03, Penal Code, or aggravated promotion of prostitution as
727		-	described by Section 43.04, [prohibited by the] Penal Code;
728		-	(7) compelling prostitution as prohibited by the Penal
729		-	Code;
730		-	(8) commercial manufacture, commercial distribution,
731		-	or commercial exhibition of obscene material as prohibited by the
732		-	Penal Code;
733		-	(9) aggravated assault as described by Section 22.02,
734		-	Penal Code;
735		-	(10) sexual assault as described by Section 22.011,
736		-	Penal Code;
737		-	(11) aggravated sexual assault as described by Section
738		-	22.021, Penal Code;
739		-	(12) robbery as described by Section 29.02, Penal
740		-	Code;
741		-	(13) aggravated robbery as described by Section 29.03,
742		-	Penal Code;
743		-	(14) unlawfully carrying a weapon as described by
744		-	Section 46.02, Penal Code;
745		-	(15) murder as described by Section 19.02, Penal Code;
746		-	(16) capital murder as described by Section 19.03,
747		-	Penal Code;
748		-	(17) continuous sexual abuse of young child or
749		-	children as described by Section 21.02, Penal Code;
750		-	(18) massage therapy or other massage services in
751		-	violation of Chapter 455, Occupations Code;
752		-	(19) employing a minor at a sexually oriented business
753		-	as defined by Section 243.002, Local Government Code;
754		-	(20) trafficking of persons as described by Section
755		-	20A.02, Penal Code;
756		-	(21) sexual conduct or performance by a child as
757		-	described by Section 43.25, Penal Code;
758		-	(22) employment harmful to a child as described by
759		-	Section 43.251, Penal Code;
760		-	(23) criminal trespass as described by Section 30.05,
761		-	Penal Code;
762		-	(24) disorderly conduct as described by Section 42.01,
763		-	Penal Code;
764		-	(25) arson as described by Section 28.02, Penal Code;
765		-	(26) criminal mischief as described by Section 28.03,
766		-	Penal Code, that causes a pecuniary loss of $500 or more; or
767		-	(27) a graffiti offense in violation of Section 28.08,
768		-	Penal Code.
769		-	SECTION 34. Article 17.45, Code of Criminal Procedure, is
770		-	amended to read as follows:
771		-	Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
772		-	A magistrate may require as a condition of bond that a defendant
773		-	charged with an offense under Section 43.02 or 43.021, Penal Code,
774		-	receive counseling or education, or both, relating to acquired
775		-	immune deficiency syndrome or human immunodeficiency virus.
776		-	SECTION 35. Article 42A.751(a), Code of Criminal Procedure,
777		-	is amended to read as follows:
778		-	(a) At any time during the period of community supervision,
779		-	the judge may issue a warrant for a violation of any condition of
780		-	community supervision and cause a defendant convicted under Section
781		-	43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or
782		-	Sections 485.031 through 485.035, Health and Safety Code, or placed
783		-	on deferred adjudication community supervision after being charged
784		-	with one of those offenses, to be subject to:
785		-	(1) the control measures of Section 81.083, Health and
786		-	Safety Code; and
787		-	(2) the court-ordered-management provisions of
788		-	Subchapter G, Chapter 81, Health and Safety Code.
789		-	SECTION 36. Section 62.001(5), Code of Criminal Procedure,
790		-	is amended to read as follows:
791		-	(5) "Reportable conviction or adjudication" means a
792		-	conviction or adjudication, including an adjudication of
793		-	delinquent conduct or a deferred adjudication, that, regardless of
794		-	the pendency of an appeal, is a conviction for or an adjudication
795		-	for or based on:
796		-	(A) a violation of Section 21.02 (Continuous
797		-	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
798		-	(Indecency with a child), 22.011 (Sexual assault), 22.021
799		-	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
800		-	Penal Code;
801		-	(B) a violation of Section 43.04 (Aggravated
802		-	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
803		-	(Sexual performance by a child), or 43.26 (Possession or promotion
804		-	of child pornography), Penal Code;
805		-	(B-1) a violation of Section 43.021
806		-	(Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,
807		-	if the offense is punishable as a felony of the second degree [under
808		-	Subsection (c-1)(2) of that section];
809		-	(C) a violation of Section 20.04(a)(4)
810		-	(Aggravated kidnapping), Penal Code, if the actor committed the
811		-	offense or engaged in the conduct with intent to violate or abuse
812		-	the victim sexually;
813		-	(D) a violation of Section 30.02 (Burglary),
814		-	Penal Code, if the offense or conduct is punishable under
815		-	Subsection (d) of that section and the actor committed the offense
816		-	or engaged in the conduct with intent to commit a felony listed in
817		-	Paragraph (A) or (C);
818		-	(E) a violation of Section 20.02 (Unlawful
819		-	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
820		-	Penal Code, if, as applicable:
821		-	(i) the judgment in the case contains an
822		-	affirmative finding under Article 42.015; or
823		-	(ii) the order in the hearing or the papers
824		-	in the case contain an affirmative finding that the victim or
825		-	intended victim was younger than 17 years of age;
826		-	(F) the second violation of Section 21.08
827		-	(Indecent exposure), Penal Code, but not if the second violation
828		-	results in a deferred adjudication;
829		-	(G) an attempt, conspiracy, or solicitation, as
830		-	defined by Chapter 15, Penal Code, to commit an offense or engage in
831		-	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
832		-	(H) a violation of the laws of another state,
833		-	federal law, the laws of a foreign country, or the Uniform Code of
834		-	Military Justice for or based on the violation of an offense
835		-	containing elements that are substantially similar to the elements
836		-	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
837		-	(G), (J), (K), or (L), but not if the violation results in a
838		-	deferred adjudication;
839		-	(I) the second violation of the laws of another
840		-	state, federal law, the laws of a foreign country, or the Uniform
841		-	Code of Military Justice for or based on the violation of an offense
842		-	containing elements that are substantially similar to the elements
843		-	of the offense of indecent exposure, but not if the second violation
844		-	results in a deferred adjudication;
845		-	(J) a violation of Section 33.021 (Online
846		-	solicitation of a minor), Penal Code;
847		-	(K) a violation of Section 20A.02(a)(3), (4),
848		-	(7), or (8) (Trafficking of persons), Penal Code; or
849		-	(L) a violation of Section 20A.03 (Continuous
850		-	trafficking of persons), Penal Code, if the offense is based partly
851		-	or wholly on conduct that constitutes an offense under Section
852		-	20A.02(a)(3), (4), (7), or (8) of that code.
853		-	SECTION 37. Section 11.066, Education Code, is amended to
854		-	read as follows:
855		-	Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
856		-	OF CERTAIN OFFENSES. A person is ineligible to serve as a member of
857		-	the board of trustees of a school district if the person has been
858		-	convicted of a felony or an offense under Section 43.021
859		-	[43.02(b)], Penal Code.
860		-	SECTION 38. Section 51.03(b), Family Code, is amended to
861		-	read as follows:
862		-	(b) Conduct indicating a need for supervision is:
863		-	(1) subject to Subsection (f), conduct, other than a
864		-	traffic offense, that violates:
865		-	(A) the penal laws of this state of the grade of
866		-	misdemeanor that are punishable by fine only; or
867		-	(B) the penal ordinances of any political
868		-	subdivision of this state;
869		-	(2) the voluntary absence of a child from the child's
870		-	home without the consent of the child's parent or guardian for a
871		-	substantial length of time or without intent to return;
872		-	(3) conduct prohibited by city ordinance or by state
873		-	law involving the inhalation of the fumes or vapors of paint and
874		-	other protective coatings or glue and other adhesives and the
875		-	volatile chemicals itemized in Section 485.001, Health and Safety
876		-	Code;
877		-	(4) an act that violates a school district's
878		-	previously communicated written standards of student conduct for
879		-	which the child has been expelled under Section 37.007(c),
880		-	Education Code;
881		-	(5) notwithstanding Subsection (a)(1), conduct
882		-	described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code;
883		-	or
884		-	(6) notwithstanding Subsection (a)(1), conduct that
885		-	violates Section 43.261, Penal Code.
886		-	SECTION 39. Section 261.001(1), Family Code, is amended to
887		-	read as follows:
888		-	(1) "Abuse" includes the following acts or omissions
889		-	by a person:
890		-	(A) mental or emotional injury to a child that
891		-	results in an observable and material impairment in the child's
892		-	growth, development, or psychological functioning;
893		-	(B) causing or permitting the child to be in a
894		-	situation in which the child sustains a mental or emotional injury
895		-	that results in an observable and material impairment in the
896		-	child's growth, development, or psychological functioning;
897		-	(C) physical injury that results in substantial
898		-	harm to the child, or the genuine threat of substantial harm from
899		-	physical injury to the child, including an injury that is at
900		-	variance with the history or explanation given and excluding an
901		-	accident or reasonable discipline by a parent, guardian, or
902		-	managing or possessory conservator that does not expose the child
903		-	to a substantial risk of harm;
904		-	(D) failure to make a reasonable effort to
905		-	prevent an action by another person that results in physical injury
906		-	that results in substantial harm to the child;
907		-	(E) sexual conduct harmful to a child's mental,
908		-	emotional, or physical welfare, including conduct that constitutes
909		-	the offense of continuous sexual abuse of young child or children
910		-	under Section 21.02, Penal Code, indecency with a child under
911		-	Section 21.11, Penal Code, sexual assault under Section 22.011,
912		-	Penal Code, or aggravated sexual assault under Section 22.021,
913		-	Penal Code;
914		-	(F) failure to make a reasonable effort to
915		-	prevent sexual conduct harmful to a child;
916		-	(G) compelling or encouraging the child to engage
917		-	in sexual conduct as defined by Section 43.01, Penal Code,
918		-	including compelling or encouraging the child in a manner that
919		-	constitutes an offense of trafficking of persons under Section
920		-	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
921		-	Section 43.021 [43.02(b)], Penal Code, or compelling prostitution
922		-	under Section 43.05(a)(2), Penal Code;
923		-	(H) causing, permitting, encouraging, engaging
924		-	in, or allowing the photographing, filming, or depicting of the
925		-	child if the person knew or should have known that the resulting
926		-	photograph, film, or depiction of the child is obscene as defined by
927		-	Section 43.21, Penal Code, or pornographic;
928		-	(I) the current use by a person of a controlled
929		-	substance as defined by Chapter 481, Health and Safety Code, in a
930		-	manner or to the extent that the use results in physical, mental, or
931		-	emotional injury to a child;
932		-	(J) causing, expressly permitting, or
933		-	encouraging a child to use a controlled substance as defined by
934		-	Chapter 481, Health and Safety Code;
935		-	(K) causing, permitting, encouraging, engaging
936		-	in, or allowing a sexual performance by a child as defined by
937		-	Section 43.25, Penal Code;
938		-	(L) knowingly causing, permitting, encouraging,
939		-	engaging in, or allowing a child to be trafficked in a manner
940		-	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
941		-	(8), Penal Code, or the failure to make a reasonable effort to
942		-	prevent a child from being trafficked in a manner punishable as an
943		-	offense under any of those sections; or
944		-	(M) forcing or coercing a child to enter into a
945		-	marriage.
946		-	SECTION 40. Section 71.0353, Government Code, is amended to
947		-	read as follows:
948		-	Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a
949		-	component of the official monthly report submitted to the Office of
950		-	Court Administration of the Texas Judicial System, a district court
951		-	or county court at law shall report the number of cases filed for
952		-	the following offenses:
953		-	(1) trafficking of persons under Section 20A.02, Penal
954		-	Code;
955		-	(2) prostitution under Section 43.02, Penal Code;
956		-	(3) solicitation of prostitution under Section
957		-	43.021, Penal Code; and
958		-	(4) [(3)] compelling prostitution under Section
959		-	43.05, Penal Code.
960		-	SECTION 41. Section 402.035(d), Government Code, is amended
961		-	to read as follows:
962		-	(d) The task force shall:
963		-	(1) collaborate, as needed to fulfill the duties of
964		-	the task force, with:
965		-	(A) United States attorneys' offices for all of
966		-	the federal districts of Texas; and
967		-	(B) special agents or customs and border
968		-	protection officers and border patrol agents of:
969		-	(i) the Federal Bureau of Investigation;
970		-	(ii) the United States Drug Enforcement
971		-	Administration;
972		-	(iii) the Bureau of Alcohol, Tobacco,
973		-	Firearms and Explosives;
974		-	(iv) United States Immigration and Customs
975		-	Enforcement; or
976		-	(v) the United States Department of
977		-	Homeland Security;
978		-	(2) collect, organize, and periodically publish
979		-	statistical data on the nature and extent of human trafficking in
980		-	this state, including data described by Subdivisions (4)(A), (B),
981		-	(C), (D), and (E);
982		-	(3) solicit cooperation and assistance from state and
983		-	local governmental agencies, political subdivisions of the state,
984		-	nongovernmental organizations, and other persons, as appropriate,
985		-	for the purpose of collecting and organizing statistical data under
986		-	Subdivision (2);
987		-	(4) ensure that each state or local governmental
988		-	agency and political subdivision of the state and each state or
989		-	local law enforcement agency, district attorney, or county attorney
990		-	that assists in the prevention of human trafficking collects
991		-	statistical data related to human trafficking, including, as
992		-	appropriate:
993		-	(A) the number of investigations concerning,
994		-	arrests and prosecutions for, and convictions of:
995		-	(i) the offense of trafficking of persons;
996		-	(ii) the offense of forgery or an offense
997		-	under Chapter 43, Penal Code, if the offense was committed as part
998		-	of a criminal episode involving the trafficking of persons; and
999		-	(iii) an offense punishable as a felony of
1000		-	the second degree under Section 43.021 [43.02(c-1)(2)], Penal Code,
1001		-	regardless of whether the offense was committed as part of a
1002		-	criminal episode involving the trafficking of persons;
1003		-	(B) demographic information on persons who are
1004		-	convicted of offenses described by Paragraph (A) and persons who
1005		-	are the victims of those offenses;
1006		-	(C) geographic routes by which human trafficking
1007		-	victims are trafficked, including routes by which victims are
1008		-	trafficked across this state's international border, and
1009		-	geographic patterns in human trafficking, including the country or
1010		-	state of origin and the country or state of destination;
1011		-	(D) means of transportation and methods used by
1012		-	persons who engage in trafficking to transport their victims; and
1013		-	(E) social and economic factors that create a
1014		-	demand for the labor or services that victims of human trafficking
1015		-	are forced to provide;
1016		-	(5) work with the Texas Commission on Law Enforcement
1017		-	to develop and conduct training for law enforcement personnel,
1018		-	victim service providers, and medical service providers to identify
1019		-	victims of human trafficking;
1020		-	(6) work with the Texas Education Agency, the
1021		-	Department of Family and Protective Services, and the Health and
1022		-	Human Services Commission to:
1023		-	(A) develop a list of key indicators that a
1024		-	person is a victim of human trafficking;
1025		-	(B) develop a standardized curriculum for
1026		-	training doctors, nurses, emergency medical services personnel,
1027		-	teachers, school counselors, school administrators, and personnel
1028		-	from the Department of Family and Protective Services and the
1029		-	Health and Human Services Commission to identify and assist victims
1030		-	of human trafficking;
1031		-	(C) train doctors, nurses, emergency medical
1032		-	services personnel, teachers, school counselors, school
1033		-	administrators, and personnel from the Department of Family and
1034		-	Protective Services and the Health and Human Services Commission to
1035		-	identify and assist victims of human trafficking;
1036		-	(D) develop and conduct training for personnel
1037		-	from the Department of Family and Protective Services and the
1038		-	Health and Human Services Commission on methods for identifying
1039		-	children in foster care who may be at risk of becoming victims of
1040		-	human trafficking; and
1041		-	(E) develop a process for referring identified
1042		-	human trafficking victims and individuals at risk of becoming
1043		-	victims to appropriate entities for services;
1044		-	(7) on the request of a judge of a county court, county
1045		-	court at law, or district court or a county attorney, district
1046		-	attorney, or criminal district attorney, assist and train the judge
1047		-	or the judge's staff or the attorney or the attorney's staff in the
1048		-	recognition and prevention of human trafficking;
1049		-	(8) examine training protocols related to human
1050		-	trafficking issues, as developed and implemented by federal, state,
1051		-	and local law enforcement agencies;
1052		-	(9) collaborate with state and local governmental
1053		-	agencies, political subdivisions of the state, and nongovernmental
1054		-	organizations to implement a media awareness campaign in
1055		-	communities affected by human trafficking;
1056		-	(10) develop recommendations on how to strengthen
1057		-	state and local efforts to prevent human trafficking, protect and
1058		-	assist human trafficking victims, curb markets and other economic
1059		-	avenues that facilitate human trafficking and investigate and
1060		-	prosecute human trafficking offenders;
1061		-	(11) examine the extent to which human trafficking is
1062		-	associated with the operation of sexually oriented businesses, as
1063		-	defined by Section 243.002, Local Government Code, and the
1064		-	workplace or public health concerns that are created by the
1065		-	association of human trafficking and the operation of sexually
1066		-	oriented businesses;
1067		-	(12) develop recommendations for addressing the
1068		-	demand for forced labor or services or sexual conduct involving
1069		-	victims of human trafficking, including recommendations for
1070		-	increased penalties for individuals who engage or attempt to engage
1071		-	in solicitation of prostitution with victims younger than 18 years
1072		-	of age; and
1073		-	(13) identify and report to the governor and
1074		-	legislature on laws, licensure requirements, or other regulations
1075		-	that can be passed at the state and local level to curb trafficking
1076		-	using the Internet and in sexually oriented businesses.
1077		-	SECTION 42. Section 411.042(b), Government Code, is amended
1078		-	to read as follows:
1079		-	(b) The bureau of identification and records shall:
1080		-	(1) procure and file for record photographs, pictures,
1081		-	descriptions, fingerprints, measurements, and other pertinent
1082		-	information of all persons arrested for or charged with a criminal
1083		-	offense or convicted of a criminal offense, regardless of whether
1084		-	the conviction is probated;
1085		-	(2) collect information concerning the number and
1086		-	nature of offenses reported or known to have been committed in the
1087		-	state and the legal steps taken in connection with the offenses, and
1088		-	other information useful in the study of crime and the
1089		-	administration of justice, including information that enables the
1090		-	bureau to create a statistical breakdown of:
1091		-	(A) offenses in which family violence was
1092		-	involved;
1093		-	(B) offenses under Sections 22.011 and 22.021,
1094		-	Penal Code; and
1095		-	(C) offenses under Sections 20A.02, 43.02
1096		-	[43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, and
1097		-	43.05, Penal Code;
1098		-	(3) make ballistic tests of bullets and firearms and
1099		-	chemical analyses of bloodstains, cloth, materials, and other
1100		-	substances for law enforcement officers of the state;
1101		-	(4) cooperate with identification and crime records
1102		-	bureaus in other states and the United States Department of
1103		-	Justice;
1104		-	(5) maintain a list of all previous background checks
1105		-	for applicants for any position regulated under Chapter 1702,
1106		-	Occupations Code, who have undergone a criminal history background
1107		-	check as required by that chapter, if the check indicates a Class B
1108		-	misdemeanor or equivalent offense or a greater offense;
1109		-	(6) collect information concerning the number and
1110		-	nature of protective orders and magistrate's orders of emergency
1111		-	protection and all other pertinent information about all persons
1112		-	subject to active orders, including pertinent information about
1113		-	persons subject to conditions of bond imposed for the protection of
1114		-	the victim in any family violence, sexual assault or abuse,
1115		-	indecent assault, stalking, or trafficking case. Information in the
1116		-	law enforcement information system relating to an active order
1117		-	shall include:
1118		-	(A) the name, sex, race, date of birth, personal
1119		-	descriptors, address, and county of residence of the person to whom
1120		-	the order is directed;
1121		-	(B) any known identifying number of the person to
1122		-	whom the order is directed, including the person's social security
1123		-	number or driver's license number;
1124		-	(C) the name and county of residence of the
1125		-	person protected by the order;
1126		-	(D) the residence address and place of employment
1127		-	or business of the person protected by the order;
1128		-	(E) the child-care facility or school where a
1129		-	child protected by the order normally resides or which the child
1130		-	normally attends;
1131		-	(F) the relationship or former relationship
1132		-	between the person who is protected by the order and the person to
1133		-	whom the order is directed;
1134		-	(G) the conditions of bond imposed on the person
1135		-	to whom the order is directed, if any, for the protection of a
1136		-	victim in any family violence, sexual assault or abuse, indecent
1137		-	assault, stalking, or trafficking case;
1138		-	(H) any minimum distance the person subject to
1139		-	the order is required to maintain from the protected places or
1140		-	persons; and
1141		-	(I) the date the order expires;
1142		-	(7) grant access to criminal history record
1143		-	information in the manner authorized under Subchapter F;
1144		-	(8) collect and disseminate information regarding
1145		-	offenders with mental impairments in compliance with Chapter 614,
1146		-	Health and Safety Code; and
1147		-	(9) record data and maintain a state database for a
1148		-	computerized criminal history record system and computerized
1149		-	juvenile justice information system that serves:
1150		-	(A) as the record creation point for criminal
1151		-	history record information and juvenile justice information
1152		-	maintained by the state; and
1153		-	(B) as the control terminal for the entry of
1154		-	records, in accordance with federal law and regulations, federal
1155		-	executive orders, and federal policy, into the federal database
1156		-	maintained by the Federal Bureau of Investigation.
1157		-	SECTION 43. Section 411.1471(a), Government Code, is
1158		-	amended to read as follows:
1159		-	(a) This section applies to a defendant who is:
1160		-	(1) arrested for a felony prohibited under any of the
1161		-	following Penal Code sections:
1162		-	(A) Section 19.02;
1163		-	(B) Section 19.03;
1164		-	(C) Section 20.03;
1165		-	(D) Section 20.04;
1166		-	(E) Section 20.05;
1167		-	(F) Section 20.06;
1168		-	(G) Section 20A.02;
1169		-	(H) Section 20A.03;
1170		-	(I) Section 21.02;
1171		-	(J) Section 21.11;
1172		-	(K) Section 22.01;
1173		-	(L) Section 22.011;
1174		-	(M) Section 22.02;
1175		-	(N) Section 22.021;
1176		-	(O) Section 25.02;
1177		-	(P) Section 29.02;
1178		-	(Q) Section 29.03;
1179		-	(R) Section 30.02;
1180		-	(S) Section 31.03;
1181		-	(T) Section 43.03;
1182		-	(U) Section 43.04;
1183		-	(V) Section 43.05;
1184		-	(W) Section 43.25; or
1185		-	(X) Section 43.26; or
1186		-	(2) convicted of an offense:
1187		-	(A) under Title 5, Penal Code, other than an
1188		-	offense described by Subdivision (1), that is punishable as a Class
1189		-	A misdemeanor or any higher category of offense, except for an
1190		-	offense punishable as a Class A misdemeanor under Section 22.05,
1191		-	Penal Code; or
1192		-	(B) under Section 21.08, 25.04, 43.021
1193		-	[43.02(b)], or 43.24, Penal Code.
1194		-	SECTION 44. Section 81.093(a), Health and Safety Code, is
1195		-	amended to read as follows:
1196		-	(a) A court may direct a person convicted of an offense
1197		-	under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas
1198		-	Controlled Substances Act), or under Sections 485.031 through
1199		-	485.035 to be subject to the control measures of Section 81.083 and
1200		-	to the court-ordered management provisions of Subchapter G.
1201		-	SECTION 45. The heading to Chapter 169, Health and Safety
1202		-	Code, is amended to read as follows:
1203		-	CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
1204		-	PREVENTION PROGRAM
1205		-	SECTION 46. Section 169.001, Health and Safety Code, is
1206		-	amended to read as follows:
1207		-	Sec. 169.001. FIRST OFFENDER SOLICITATION OF PROSTITUTION
1208		-	PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In
1209		-	this chapter, "first offender solicitation of prostitution
1210		-	prevention program" means a program that has the following
1211		-	essential characteristics:
1212		-	(1) the integration of services in the processing of
1213		-	cases in the judicial system;
1214		-	(2) the use of a nonadversarial approach involving
1215		-	prosecutors and defense attorneys to promote public safety, to
1216		-	reduce the demand for the commercial sex trade and trafficking of
1217		-	persons by educating offenders, and to protect the due process
1218		-	rights of program participants;
1219		-	(3) early identification and prompt placement of
1220		-	eligible participants in the program;
1221		-	(4) access to information, counseling, and services
1222		-	relating to sex addiction, sexually transmitted diseases, mental
1223		-	health, and substance abuse;
1224		-	(5) a coordinated strategy to govern program responses
1225		-	to participant compliance;
1226		-	(6) monitoring and evaluation of program goals and
1227		-	effectiveness;
1228		-	(7) continuing interdisciplinary education to promote
1229		-	effective program planning, implementation, and operations; and
1230		-	(8) development of partnerships with public agencies
1231		-	and community organizations.
1232		-	(b) If a defendant successfully completes a first offender
1233		-	solicitation of prostitution prevention program, regardless of
1234		-	whether the defendant was convicted of the offense for which the
1235		-	defendant entered the program or whether the court deferred further
1236		-	proceedings without entering an adjudication of guilt, after notice
1237		-	to the state and a hearing on whether the defendant is otherwise
1238		-	entitled to the petition, including whether the required time
1239		-	period has elapsed, and whether issuance of the order is in the best
1240		-	interest of justice, the court shall enter an order of
1241		-	nondisclosure of criminal history record information under
1242		-	Subchapter E-1, Chapter 411, Government Code, as if the defendant
1243		-	had received a discharge and dismissal under Article 42A.111, Code
1244		-	of Criminal Procedure, with respect to all records and files
1245		-	related to the defendant's arrest for the offense for which the
1246		-	defendant entered the program if the defendant:
1247		-	(1) has not been previously convicted of a felony
1248		-	offense; and
1249		-	(2) is not convicted of any other felony offense
1250		-	before the second anniversary of the defendant's successful
1251		-	completion of the program.
1252		-	SECTION 47. Sections 169.002(a), (b), (d), (e), and (f),
1253		-	Health and Safety Code, are amended to read as follows:
1254		-	(a) The commissioners court of a county or governing body of
1255		-	a municipality may establish a first offender solicitation of
1256		-	prostitution prevention program for defendants charged with an
1257		-	offense under Section 43.021 [43.02(b)], Penal Code.
1258		-	(b) A defendant is eligible to participate in a first
1259		-	offender solicitation of prostitution prevention program
1260		-	established under this chapter only if:
1261		-	(1) the attorney representing the state consents to
1262		-	the defendant's participation in the program; and
1263		-	(2) the court in which the criminal case is pending
1264		-	finds that the defendant has not been previously convicted of:
1265		-	(A) an offense under Section 20A.02, 43.02(b), as
1266		-	that law existed before September 1, 2021 [43.02], 43.021, 43.03,
1267		-	43.031, 43.04, 43.041, or 43.05, Penal Code;
1268		-	(B) an offense listed in Article 42A.054(a), Code
1269		-	of Criminal Procedure; or
1270		-	(C) an offense punishable as a felony under
1271		-	Chapter 481.
1272		-	(d) A defendant is not eligible to participate in the first
1273		-	offender solicitation of prostitution prevention program if the
1274		-	defendant offered or agreed to hire a person to engage in sexual
1275		-	conduct and the person was younger than 18 years of age at the time
1276		-	of the offense.
1277		-	(e) The court in which the criminal case is pending shall
1278		-	allow an eligible defendant to choose whether to participate in the
1279		-	first offender solicitation of prostitution prevention program or
1280		-	otherwise proceed through the criminal justice system.
1281		-	(f) If a defendant who chooses to participate in the first
1282		-	offender solicitation of prostitution prevention program fails to
1283		-	attend any portion of the program, the court in which the
1284		-	defendant's criminal case is pending shall issue a warrant for the
1285		-	defendant's arrest and proceed on the criminal case as if the
1286		-	defendant had chosen not to participate in the program.
1287		-	SECTION 48. Section 169.003(a), Health and Safety Code, is
1288		-	amended to read as follows:
1289		-	(a) A first offender solicitation of prostitution
1290		-	prevention program established under this chapter must:
1291		-	(1) ensure that a person eligible for the program is
1292		-	provided legal counsel before volunteering to proceed through the
1293		-	program and while participating in the program;
1294		-	(2) allow any participant to withdraw from the program
1295		-	at any time before a trial on the merits has been initiated;
1296		-	(3) provide each participant with information,
1297		-	counseling, and services relating to sex addiction, sexually
1298		-	transmitted diseases, mental health, and substance abuse; and
1299		-	(4) provide each participant with classroom
1300		-	instruction related to the prevention of the solicitation of
1301		-	prostitution.
1302		-	SECTION 49. Sections 169.004, 169.005, and 169.006, Health
1303		-	and Safety Code, are amended to read as follows:
1304		-	Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
1305		-	the speaker of the house of representatives may assign to
1306		-	appropriate legislative committees duties relating to the
1307		-	oversight of first offender solicitation of prostitution
1308		-	prevention programs established under this chapter.
1309		-	(b) A legislative committee or the governor may request the
1310		-	state auditor to perform a management, operations, or financial or
1311		-	accounting audit of a first offender solicitation of prostitution
1312		-	prevention program established under this chapter.
1313		-	(c) A first offender solicitation of prostitution
1314		-	prevention program established under this chapter shall:
1315		-	(1) notify the criminal justice division of the
1316		-	governor's office before or on implementation of the program; and
1317		-	(2) provide information regarding the performance of
1318		-	the program to the division on request.
1319		-	Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
1320		-	solicitation of prostitution prevention program established under
1321		-	this chapter may collect from a participant in the program a
1322		-	nonrefundable reimbursement fee for the program in a reasonable
1323		-	amount not to exceed $1,000, from which the following must be paid:
1324		-	(1) a counseling and services reimbursement fee in an
1325		-	amount necessary to cover the costs of the counseling and services
1326		-	provided by the program; and
1327		-	(2) a law enforcement training reimbursement fee, in
1328		-	an amount equal to five percent of the total amount paid under
1329		-	Subdivision (1), to be deposited to the credit of the treasury of
1330		-	the county or municipality that established the program to cover
1331		-	costs associated with the provision of training to law enforcement
1332		-	personnel on domestic violence, prostitution, and the trafficking
1333		-	of persons.
1334		-	(b) Reimbursement fees collected under this section may be
1335		-	paid on a periodic basis or on a deferred payment schedule at the
1336		-	discretion of the judge, magistrate, or program director
1337		-	administering the first offender solicitation of prostitution
1338		-	prevention program. The fees must be based on the participant's
1339		-	ability to pay.
1340		-	Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
1341		-	REQUIREMENT. (a) To encourage participation in a first offender
1342		-	solicitation of prostitution prevention program established under
1343		-	this chapter, the judge or magistrate administering the program may
1344		-	suspend any requirement that, as a condition of community
1345		-	supervision, a participant in the program work a specified number
1346		-	of hours at a community service project.
1347		-	(b) On a participant's successful completion of a first
1348		-	offender solicitation of prostitution prevention program, a judge
1349		-	or magistrate may excuse the participant from any condition of
1350		-	community supervision previously suspended under Subsection (a).
1351		-	SECTION 50. Section 455.202(d)(2), Occupations Code, is
1352		-	amended to read as follows:
1353		-	(2) "Sexual contact" includes:
1354		-	(A) any touching of any part of the genitalia or
1355		-	anus;
1356		-	(B) any touching of the breasts of a female
1357		-	without the written consent of the female;
1358		-	(C) any offer or agreement to engage in any
1359		-	activity described in Paragraph (A) or (B);
1360		-	(D) kissing without the consent of both persons;
1361		-	(E) deviate sexual intercourse, sexual contact,
1362		-	sexual intercourse, indecent exposure, sexual assault,
1363		-	prostitution, solicitation of prostitution, and promotion
1364		-	[promotions] of prostitution as described in Chapters 21, 22, and
1365		-	43, Penal Code, or any offer or agreement to engage in such
1366		-	activities;
1367		-	(F) any behavior, gesture, or expression that may
1368		-	reasonably be interpreted as inappropriately seductive or sexual;
1369		-	or
1370		-	(G) inappropriate sexual comments about or to a
1371		-	client, including sexual comments about a person's body.
1372		-	SECTION 51. Section 15.031(b), Penal Code, is amended to
1373		-	read as follows:
1374		-	(b) A person commits an offense if, with intent that an
1375		-	offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
1376		-	22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the
1377		-	person by any means requests, commands, or attempts to induce a
1378		-	minor or another whom the person believes to be a minor to engage in
1379		-	specific conduct that, under the circumstances surrounding the
1380		-	actor's conduct as the actor believes them to be, would constitute
1381		-	an offense under one of those sections or would make the minor or
1382		-	other believed by the person to be a minor a party to the commission
1383		-	of an offense under one of those sections.
1384		-	SECTION 52. Section 25.08(c), Penal Code, is amended to
1385		-	read as follows:
1386		-	(c) An offense under this section is a felony of the third
1387		-	degree, except that the offense is a felony of the second degree if
1388		-	the actor commits the offense with intent to commit an offense under
1389		-	Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
1390		-	SECTION 53. Section 25.081(c), Penal Code, is amended to
1391		-	read as follows:
1392		-	(c) An offense under this section is a felony of the third
1393		-	degree, except that the offense is a felony of the second degree if
1394		-	the actor commits the offense with intent to commit an offense under
1395		-	Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
1396		-	SECTION 54. Section 43.01, Penal Code, is amended by adding
1397		-	Subdivision (6) to read as follows:
1398		-	(6) "Solicitation of prostitution" means the offense
1399		-	defined in Section 43.021.
1400		-	SECTION 55. Section 43.031(a), Penal Code, is amended to
1401		-	read as follows:
1402		-	(a) A person commits an offense if the person owns, manages,
1403		-	or operates an interactive computer service or information content
1404		-	provider, or operates as an information content provider, with the
1405		-	intent to promote the prostitution of another person or facilitate
1406		-	another person to engage in prostitution or solicitation of
1407		-	prostitution.
1408		-	SECTION 56. Section 43.041(a), Penal Code, is amended to
1409		-	read as follows:
1410		-	(a) A person commits an offense if the person owns, manages,
1411		-	or operates an interactive computer service or information content
1412		-	provider, or operates as an information content provider, with the
1413		-	intent to promote the prostitution of five or more persons or
1414		-	facilitate five or more persons to engage in prostitution or
1415		-	solicitation of prostitution.
1416		-	SECTION 57. Section 93.013(a), Property Code, is amended to
1417		-	read as follows:
1418		-	(a) Notwithstanding a provision in a lease to the contrary,
1419		-	a tenant's right of possession terminates and the landlord has a
1420		-	right to recover possession of the leased premises if the tenant is
1421		-	using the premises or allowing the premises to be used for the
1422		-	purposes of prostitution as described by Section 43.02, Penal Code,
1423		-	solicitation of prostitution as described by Section 43.021, Penal
1424		-	Code, promotion of prostitution as described by Section 43.03,
1425		-	Penal Code, aggravated promotion of prostitution as described by
1426		-	Section 43.04, Penal Code, [or] compelling prostitution[,] as
1427		-	described [prohibited] by Section 43.05, [the] Penal Code, or
1428		-	trafficking of persons as described by Section 20A.02, Penal Code.
1429		-	SECTION 58. Subchapter C, Chapter 37, Education Code, is
1430		-	amended by adding Section 37.086 to read as follows:
1431		-	Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED
1432		-	TRAFFICKING PENALTIES. (a) In this section:
1433		-	(1) "Premises" has the meaning assigned by Section
1434		-	481.134, Health and Safety Code.
1435		-	(2) "School" means a public or private primary or
1436		-	secondary school.
1437		-	(b) Each school shall post warning signs of the increased
1438		-	penalties for trafficking of persons under Section 20A.02(b-1)(2),
1439		-	Penal Code, at the following locations:
1440		-	(1) parallel to and along the exterior boundaries of
1441		-	the school's premises;
1442		-	(2) at each roadway or other way of access to the
1443		-	premises;
1444		-	(3) for premises not fenced, at least every five
1445		-	hundred feet along the exterior boundaries of the premises;
1446		-	(4) at each entrance to the premises; and
1447		-	(5) at conspicuous places reasonably likely to be
1448		-	viewed by all persons entering the premises.
1449		-	(c) The agency, in consultation with the human trafficking
1450		-	prevention task force created under Section 402.035, Government
1451		-	Code, shall adopt rules regarding the placement, installation,
1452		-	design, size, wording, and maintenance procedures for the warning
1453		-	signs required under this section. The rules must require that each
1454		-	warning sign:
1455		-	(1) include a description of the provisions of Section
1456		-	20A.02(b-1), Penal Code, including the penalties for violating that
1457		-	section;
1458		-	(2) be written in English and Spanish; and
1459		-	(3) be at least 8-1/2 by 11 inches in size.
1460		-	(d) The agency shall provide each school without charge the
1461		-	number of warning signs required to comply with this section and
1462		-	rules adopted under this section. If the agency is unable to
1463		-	provide each school with the number of signs necessary to comply
1464		-	with Subsection (b), the agency may:
1465		-	(1) provide to a school fewer signs than the number
1466		-	necessary to comply with that section; and
1467		-	(2) prioritize distribution of signs to schools based
1468		-	on reports of criminal activity in the areas near that school.
1469		-	SECTION 59. Section 33.021, Penal Code, is amended by
1470		-	adding Subsection (f-1) to read as follows:
1471		-	(f-1) The punishment for an offense under this section is
1472		-	increased to the punishment prescribed for the next higher category
1473		-	of offense if it is shown on the trial of the offense that:
1474		-	(1) the actor committed the offense during regular
1475		-	public or private primary or secondary school hours; and
1476		-	(2) the actor knew or reasonably should have known
1477		-	that the minor was enrolled in a public or private primary or
1478		-	secondary school at the time of the offense.
1479		-	SECTION 60. Section 43.01, Penal Code, is amended by adding
1480		-	Subdivisions (1-f) and (2-a) to read as follows.
1481		-	(1-f) "Premises" has the meaning assigned by Section
1482		-	481.134, Health and Safety Code.
1483		-	(2-a) "School" means a public or private primary or
1484		-	secondary school.
1485		-	SECTION 61. Section 43.02, Penal Code, is amended by adding
1486		-	Subsection (c-2) to read as follows:
1487		-	(c-2) The punishment prescribed for an offense under
1488		-	Subsection (b) is increased to the punishment prescribed for the
1489		-	next highest category of offense if it is shown on the trial of the
1490		-	offense that the actor committed the offense in a location that was:
1491		-	(1) on the premises of or within 1,000 feet of the
1492		-	premises of a school; or
1493		-	(2) on premises or within 1,000 feet of premises
1494		-	where:
1495		-	(A) an official school function was taking place;
1496		-	or
1497		-	(B) an event sponsored or sanctioned by the
1498		-	University Interscholastic League was taking place.
1499		-	SECTION 62. The following provisions are repealed:
	555	+	SECTION 28. The following provisions are repealed:
1500	556		(1) Section 125.0017, Civil Practice and Remedies
1501	557		Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
1502	558		Legislature, Regular Session, 2017;
1503	559		(2) Section 125.003(d), Civil Practice and Remedies
1504	560		Code;
1505	561		(3) Section 125.004(a-3), Civil Practice and Remedies
1506	562		Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
1507	563		Legislature, Regular Session, 2017;
1508	564		(4) Section 125.068, Civil Practice and Remedies Code;
1509	565		and
1510	566		(5) Section 20A.02(a-1), Penal Code.
1511		-	SECTION 63. (a) Sections 11.44(b), 11.46(c), and 61.42(c),
	567	+	SECTION 29. (a) Sections 11.44(b), 11.46(c), and 61.42(c),
1512	568		Alcoholic Beverage Code, as amended by this Act, apply to an
1513	569		application for an alcoholic beverage permit or license filed on or
1514	570		after the effective date of this Act or pending on the effective
1515	571		date of this Act.
1516	572		(b) Section 98.007, Civil Practice and Remedies Code, as
1517	573		added by this Act, applies only to an action filed on or after the
1518	574		effective date of this Act.
1519	575		(c) The change in law made to Chapters 125 and 140A, Civil
1520	576		Practice and Remedies Code, by this Act applies only to a cause of
1521	577		action that accrues on or after the effective date of this Act. A
1522	578		cause of action that accrues before the effective date of this Act
1523	579		is governed by the law applicable to the cause of action immediately
1524	580		before the effective date of this Act, and that law is continued in
1525	581		effect for that purpose.
1526		-	(d) Except as otherwise provided by this section, the
1527		-	changes in law made by this Act apply only to an offense committed
1528		-	on or after the effective date of this Act. An offense committed
1529		-	before the effective date of this Act is governed by the law in
1530		-	effect on the date the offense was committed, and the former law is
1531		-	continued in effect for that purpose. For purposes of this section,
1532		-	an offense was committed before the effective date of this Act if
1533		-	any element of the offense occurred before that date.
1534		-	SECTION 64. The Texas Education Agency is required to
1535		-	implement the change in law made by Section 37.086(d), Education
1536		-	Code, as added by this Act, only if the legislature appropriates
1537		-	money specifically for that purpose. If the legislature does not
1538		-	appropriate money specifically for that purpose, the agency may,
1539		-	but is not required to, implement the change in law made by Section
1540		-	37.086(d), Education Code, as added by this Act, using other
1541		-	appropriations available for that purpose.
1542		-	SECTION 65. This Act takes effect September 1, 2021.
1543		-	______________________________ ______________________________
1544		-	President of the Senate Speaker of the House
1545		-	I certify that H.B. No. 1540 was passed by the House on April
1546		-	14, 2021, by the following vote: Yeas 149, Nays 0, 1 present, not
1547		-	voting; and that the House concurred in Senate amendments to H.B.
1548		-	No. 1540 on May 28, 2021, by the following vote: Yeas 145, Nays 0,
1549		-	1 present, not voting.
1550		-	______________________________
1551		-	Chief Clerk of the House
1552		-	I certify that H.B. No. 1540 was passed by the Senate, with
1553		-	amendments, on May 20, 2021, by the following vote: Yeas 31, Nays
1554		-	0.
1555		-	______________________________
1556		-	Secretary of the Senate
1557		-	APPROVED: __________________
1558		-	Date
1559		-	__________________
1560		-	Governor
	582	+	(d) The change in law made to Section 481.134, Health and
	583	+	Safety Code, and the Penal Code by this Act applies only to an
	584	+	offense committed on or after the effective date of this Act. An
	585	+	offense committed before the effective date of this Act is governed
	586	+	by the law in effect on the date the offense was committed, and the
	587	+	former law is continued in effect for that purpose. For purposes of
	588	+	this section, an offense was committed before the effective date of
	589	+	this Act if any element of the offense occurred before that date.
	590	+	SECTION 30. This Act takes effect September 1, 2021.
	591	+	* * * * *