Texas 2021 - 87th Regular

Texas House Bill HB1581 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1455 TSS-F
2	2	By: Davis H.B. No. 1581
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal offense of abandoning or endangering a
8	8	child, elderly individual, or disabled individual.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.041, Penal Code, is amended to read as
11	11	follows:
12	12	Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY
13	13	INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
14	14	(1) "Abandon"[, "abandon"] means to leave [a child] in
15	15	any place without providing reasonable and necessary care a [for
16	16	the] child, elderly individual, or disabled individual under
17	17	circumstances under which no reasonable, similarly situated person
18	18	[adult] would leave a child or individual of that age and ability.
19	19	(2) "Child," "elderly individual," and "disabled
20	20	individual" have the meanings assigned by Section 22.04.
21	21	(b) A person commits an offense if the person, having
22	22	custody, care, or control of a child, elderly individual, or
23	23	disabled individual [younger than 15 years], [he] intentionally
24	24	abandons the child or individual in any place under circumstances
25	25	that expose the child or individual to an unreasonable risk of harm.
26	26	(c) A person commits an offense if the person [he]
27	27	intentionally, knowingly, recklessly, or with criminal negligence,
28	28	by act or omission, engages in conduct that places a child, elderly
29	29	individual, or disabled individual [younger than 15 years] in
30	30	imminent danger of death, bodily injury, or physical or mental
31	31	impairment.
32	32	(c-1) For purposes of Subsection (c), it is presumed that a
33	33	person engaged in conduct that places a child, elderly individual,
34	34	or disabled individual in imminent danger of death, bodily injury,
35	35	or physical or mental impairment if:
36	36	(1) the person manufactured, possessed, or in any way
37	37	introduced into the body of any person the controlled substance
38	38	methamphetamine in the presence of the child, elderly individual,
39	39	or disabled individual;
40	40	(2) the person's conduct related to the proximity or
41	41	accessibility of the controlled substance methamphetamine to the
42	42	child, elderly individual, or disabled individual and an analysis
43	43	of a specimen of the child's or individual's blood, urine, or other
44	44	bodily substance indicates the presence of methamphetamine in the
45	45	body of the child or individual [child's body]; or
46	46	(3) the person injected, ingested, inhaled, or
47	47	otherwise introduced a controlled substance listed in Penalty Group
48	48	1, Section 481.102, Health and Safety Code, into the human body when
49	49	the person was not in lawful possession of the substance as defined
50	50	by Section 481.002(24) of that code.
51	51	(d) Except as provided by Subsection (e), an offense under
52	52	Subsection (b) is:
53	53	(1) a state jail felony if the actor abandoned the
54	54	child, elderly individual, or disabled individual with intent to
55	55	return for the child or individual; or
56	56	(2) a felony of the third degree if the actor abandoned
57	57	the child, elderly individual, or disabled individual without
58	58	intent to return for the child or individual.
59	59	(e) An offense under Subsection (b) is a felony of the
60	60	second degree if the actor abandons the child, elderly individual,
61	61	or disabled individual under circumstances that a reasonable person
62	62	would believe would place the child or individual in imminent
63	63	danger of death, bodily injury, or physical or mental impairment.
64	64	(f) An offense under Subsection (c) is a state jail felony.
65	65	(g) It is a defense to prosecution under Subsection (c) that
66	66	the act or omission enables the child, elderly individual, or
67	67	disabled individual to practice for or participate in an organized
68	68	athletic event and that appropriate safety equipment and procedures
69	69	are employed in the event.
70	70	(h) It is an exception to the application of this section
71	71	for abandoning or endangering a child that the actor voluntarily
72	72	delivered the child to a designated emergency infant care provider
73	73	under Section 262.302, Family Code.
74	74	SECTION 2. Article 12.01, Code of Criminal Procedure, is
75	75	amended to read as follows:
76	76	Art. 12.01. FELONIES. Except as provided in Article 12.03,
77	77	felony indictments may be presented within these limits, and not
78	78	afterward:
79	79	(1) no limitation:
80	80	(A) murder and manslaughter;
81	81	(B) sexual assault under Section 22.011(a)(2),
82	82	Penal Code, or aggravated sexual assault under Section
83	83	22.021(a)(1)(B), Penal Code;
84	84	(C) sexual assault, if:
85	85	(i) during the investigation of the offense
86	86	biological matter is collected and the matter:
87	87	(a) has not yet been subjected to
88	88	forensic DNA testing; or
89	89	(b) has been subjected to forensic DNA
90	90	testing and the testing results show that the matter does not match
91	91	the victim or any other person whose identity is readily
92	92	ascertained; or
93	93	(ii) probable cause exists to believe that
94	94	the defendant has committed the same or a similar sex offense
95	95	against five or more victims;
96	96	(D) continuous sexual abuse of young child or
97	97	children under Section 21.02, Penal Code;
98	98	(E) indecency with a child under Section 21.11,
99	99	Penal Code;
100	100	(F) an offense involving leaving the scene of an
101	101	accident under Section 550.021, Transportation Code, if the
102	102	accident resulted in the death of a person;
103	103	(G) trafficking of persons under Section
104	104	20A.02(a)(7) or (8), Penal Code;
105	105	(H) continuous trafficking of persons under
106	106	Section 20A.03, Penal Code; or
107	107	(I) compelling prostitution under Section
108	108	43.05(a)(2), Penal Code;
109	109	(2) ten years from the date of the commission of the
110	110	offense:
111	111	(A) theft of any estate, real, personal or mixed,
112	112	by an executor, administrator, guardian or trustee, with intent to
113	113	defraud any creditor, heir, legatee, ward, distributee,
114	114	beneficiary or settlor of a trust interested in such estate;
115	115	(B) theft by a public servant of government
116	116	property over which the public servant exercises control in the
117	117	public servant's official capacity;
118	118	(C) forgery or the uttering, using or passing of
119	119	forged instruments;
120	120	(D) injury to an elderly or disabled individual
121	121	punishable as a felony of the first degree under Section 22.04,
122	122	Penal Code;
123	123	(E) sexual assault, except as provided by
124	124	Subdivision (1) or (7);
125	125	(F) arson;
126	126	(G) trafficking of persons under Section
127	127	20A.02(a)(1), (2), (3), or (4), Penal Code; or
128	128	(H) compelling prostitution under Section
129	129	43.05(a)(1), Penal Code;
130	130	(3) seven years from the date of the commission of the
131	131	offense:
132	132	(A) misapplication of fiduciary property or
133	133	property of a financial institution;
134	134	(B) securing execution of document by deception;
135	135	(C) a felony violation under Chapter 162, Tax
136	136	Code;
137	137	(D) false statement to obtain property or credit
138	138	under Section 32.32, Penal Code;
139	139	(E) money laundering;
140	140	(F) credit card or debit card abuse under Section
141	141	32.31, Penal Code;
142	142	(G) fraudulent use or possession of identifying
143	143	information under Section 32.51, Penal Code;
144	144	(H) exploitation of a child, elderly individual,
145	145	or disabled individual under Section 32.53, Penal Code;
146	146	(I) health care fraud under Section 35A.02, Penal
147	147	Code; or
148	148	(J) bigamy under Section 25.01, Penal Code,
149	149	except as provided by Subdivision (6);
150	150	(4) five years from the date of the commission of the
151	151	offense:
152	152	(A) theft or robbery;
153	153	(B) except as provided by Subdivision (5),
154	154	kidnapping or burglary;
155	155	(C) injury to an elderly or disabled individual
156	156	that is not punishable as a felony of the first degree under Section
157	157	22.04, Penal Code;
158	158	(D) abandoning or endangering a child, elderly
159	159	individual, or disabled individual; or
160	160	(E) insurance fraud;
161	161	(5) if the investigation of the offense shows that the
162	162	victim is younger than 17 years of age at the time the offense is
163	163	committed, 20 years from the 18th birthday of the victim of one of
164	164	the following offenses:
165	165	(A) sexual performance by a child under Section
166	166	43.25, Penal Code;
167	167	(B) aggravated kidnapping under Section
168	168	20.04(a)(4), Penal Code, if the defendant committed the offense
169	169	with the intent to violate or abuse the victim sexually; or
170	170	(C) burglary under Section 30.02, Penal Code, if
171	171	the offense is punishable under Subsection (d) of that section and
172	172	the defendant committed the offense with the intent to commit an
173	173	offense described by Subdivision (1)(B) or (D) of this article or
174	174	Paragraph (B) of this subdivision;
175	175	(6) ten years from the 18th birthday of the victim of
176	176	the offense:
177	177	(A) trafficking of persons under Section
178	178	20A.02(a)(5) or (6), Penal Code;
179	179	(B) injury to a child under Section 22.04, Penal
180	180	Code; or
181	181	(C) bigamy under Section 25.01, Penal Code, if
182	182	the investigation of the offense shows that the person, other than
183	183	the legal spouse of the defendant, whom the defendant marries or
184	184	purports to marry or with whom the defendant lives under the
185	185	appearance of being married is younger than 18 years of age at the
186	186	time the offense is committed;
187	187	(7) two years from the date the offense was
188	188	discovered: sexual assault punishable as a state jail felony under
189	189	Section 22.011(f)(2), Penal Code; or
190	190	(8) three years from the date of the commission of the
191	191	offense: all other felonies.
192	192	SECTION 3. Section 201.062(a), Estates Code, is amended to
193	193	read as follows:
194	194	(a) A probate court may enter an order declaring that the
195	195	parent of a child under 18 years of age may not inherit from or
196	196	through the child under the laws of descent and distribution if the
197	197	court finds by clear and convincing evidence that the parent has:
198	198	(1) voluntarily abandoned and failed to support the
199	199	child in accordance with the parent's obligation or ability for at
200	200	least three years before the date of the child's death, and did not
201	201	resume support for the child before that date;
202	202	(2) voluntarily and with knowledge of the pregnancy:
203	203	(A) abandoned the child's mother beginning at a
204	204	time during her pregnancy with the child and continuing through the
205	205	birth;
206	206	(B) failed to provide adequate support or medical
207	207	care for the mother during the period of abandonment before the
208	208	child's birth; and
209	209	(C) remained apart from and failed to support the
210	210	child since birth; or
211	211	(3) been convicted or has been placed on community
212	212	supervision, including deferred adjudication community
213	213	supervision, for being criminally responsible for the death or
214	214	serious injury of a child under the following sections of the Penal
215	215	Code or adjudicated under Title 3, Family Code, for conduct that
216	216	caused the death or serious injury of a child and that would
217	217	constitute a violation of one of the following sections of the Penal
218	218	Code:
219	219	(A) Section 19.02 (murder);
220	220	(B) Section 19.03 (capital murder);
221	221	(C) Section 19.04 (manslaughter);
222	222	(D) Section 21.11 (indecency with a child);
223	223	(E) Section 22.01 (assault);
224	224	(F) Section 22.011 (sexual assault);
225	225	(G) Section 22.02 (aggravated assault);
226	226	(H) Section 22.021 (aggravated sexual assault);
227	227	(I) Section 22.04 (injury to a child, elderly
228	228	individual, or disabled individual);
229	229	(J) Section 22.041 (abandoning or endangering a
230	230	child, elderly individual, or disabled individual);
231	231	(K) Section 25.02 (prohibited sexual conduct);
232	232	(L) Section 43.25 (sexual performance by a
233	233	child); or
234	234	(M) Section 43.26 (possession or promotion of
235	235	child pornography).
236	236	SECTION 4. Section 1104.353(b), Estates Code, is amended to
237	237	read as follows:
238	238	(b) It is presumed to be not in the best interests of a ward
239	239	or incapacitated person to appoint as guardian of the ward or
240	240	incapacitated person a person who has been finally convicted of:
241	241	(1) any sexual offense, including sexual assault,
242	242	aggravated sexual assault, and prohibited sexual conduct;
243	243	(2) aggravated assault;
244	244	(3) injury to a child, elderly individual, or disabled
245	245	individual;
246	246	(4) abandoning or endangering a child, elderly
247	247	individual, or disabled individual;
248	248	(5) terroristic threat; or
249	249	(6) continuous violence against the family of the ward
250	250	or incapacitated person.
251	251	SECTION 5. Section 161.001(b), Family Code, is amended to
252	252	read as follows:
253	253	(b) The court may order termination of the parent-child
254	254	relationship if the court finds by clear and convincing evidence:
255	255	(1) that the parent has:
256	256	(A) voluntarily left the child alone or in the
257	257	possession of another not the parent and expressed an intent not to
258	258	return;
259	259	(B) voluntarily left the child alone or in the
260	260	possession of another not the parent without expressing an intent
261	261	to return, without providing for the adequate support of the child,
262	262	and remained away for a period of at least three months;
263	263	(C) voluntarily left the child alone or in the
264	264	possession of another without providing adequate support of the
265	265	child and remained away for a period of at least six months;
266	266	(D) knowingly placed or knowingly allowed the
267	267	child to remain in conditions or surroundings which endanger the
268	268	physical or emotional well-being of the child;
269	269	(E) engaged in conduct or knowingly placed the
270	270	child with persons who engaged in conduct which endangers the
271	271	physical or emotional well-being of the child;
272	272	(F) failed to support the child in accordance
273	273	with the parent's ability during a period of one year ending within
274	274	six months of the date of the filing of the petition;
275	275	(G) abandoned the child without identifying the
276	276	child or furnishing means of identification, and the child's
277	277	identity cannot be ascertained by the exercise of reasonable
278	278	diligence;
279	279	(H) voluntarily, and with knowledge of the
280	280	pregnancy, abandoned the mother of the child beginning at a time
281	281	during her pregnancy with the child and continuing through the
282	282	birth, failed to provide adequate support or medical care for the
283	283	mother during the period of abandonment before the birth of the
284	284	child, and remained apart from the child or failed to support the
285	285	child since the birth;
286	286	(I) contumaciously refused to submit to a
287	287	reasonable and lawful order of a court under Subchapter D, Chapter
288	288	261;
289	289	(J) been the major cause of:
290	290	(i) the failure of the child to be enrolled
291	291	in school as required by the Education Code; or
292	292	(ii) the child's absence from the child's
293	293	home without the consent of the parents or guardian for a
294	294	substantial length of time or without the intent to return;
295	295	(K) executed before or after the suit is filed an
296	296	unrevoked or irrevocable affidavit of relinquishment of parental
297	297	rights as provided by this chapter;
298	298	(L) been convicted or has been placed on
299	299	community supervision, including deferred adjudication community
300	300	supervision, for being criminally responsible for the death or
301	301	serious injury of a child under the following sections of the Penal
302	302	Code, or under a law of another jurisdiction that contains elements
303	303	that are substantially similar to the elements of an offense under
304	304	one of the following Penal Code sections, or adjudicated under
305	305	Title 3 for conduct that caused the death or serious injury of a
306	306	child and that would constitute a violation of one of the following
307	307	Penal Code sections:
308	308	(i) Section 19.02 (murder);
309	309	(ii) Section 19.03 (capital murder);
310	310	(iii) Section 19.04 (manslaughter);
311	311	(iv) Section 21.11 (indecency with a
312	312	child);
313	313	(v) Section 22.01 (assault);
314	314	(vi) Section 22.011 (sexual assault);
315	315	(vii) Section 22.02 (aggravated assault);
316	316	(viii) Section 22.021 (aggravated sexual
317	317	assault);
318	318	(ix) Section 22.04 (injury to a child,
319	319	elderly individual, or disabled individual);
320	320	(x) Section 22.041 (abandoning or
321	321	endangering a child, elderly individual, or disabled individual);
322	322	(xi) Section 25.02 (prohibited sexual
323	323	conduct);
324	324	(xii) Section 43.25 (sexual performance by
325	325	a child);
326	326	(xiii) Section 43.26 (possession or
327	327	promotion of child pornography);
328	328	(xiv) Section 21.02 (continuous sexual
329	329	abuse of young child or children);
330	330	(xv) Section 20A.02(a)(7) or (8)
331	331	(trafficking of persons); and
332	332	(xvi) Section 43.05(a)(2) (compelling
333	333	prostitution);
334	334	(M) had his or her parent-child relationship
335	335	terminated with respect to another child based on a finding that the
336	336	parent's conduct was in violation of Paragraph (D) or (E) or
337	337	substantially equivalent provisions of the law of another state;
338	338	(N) constructively abandoned the child who has
339	339	been in the permanent or temporary managing conservatorship of the
340	340	Department of Family and Protective Services for not less than six
341	341	months, and:
342	342	(i) the department has made reasonable
343	343	efforts to return the child to the parent;
344	344	(ii) the parent has not regularly visited
345	345	or maintained significant contact with the child; and
346	346	(iii) the parent has demonstrated an
347	347	inability to provide the child with a safe environment;
348	348	(O) failed to comply with the provisions of a
349	349	court order that specifically established the actions necessary for
350	350	the parent to obtain the return of the child who has been in the
351	351	permanent or temporary managing conservatorship of the Department
352	352	of Family and Protective Services for not less than nine months as a
353	353	result of the child's removal from the parent under Chapter 262 for
354	354	the abuse or neglect of the child;
355	355	(P) used a controlled substance, as defined by
356	356	Chapter 481, Health and Safety Code, in a manner that endangered the
357	357	health or safety of the child, and:
358	358	(i) failed to complete a court-ordered
359	359	substance abuse treatment program; or
360	360	(ii) after completion of a court-ordered
361	361	substance abuse treatment program, continued to abuse a controlled
362	362	substance;
363	363	(Q) knowingly engaged in criminal conduct that
364	364	has resulted in the parent's:
365	365	(i) conviction of an offense; and
366	366	(ii) confinement or imprisonment and
367	367	inability to care for the child for not less than two years from the
368	368	date of filing the petition;
369	369	(R) been the cause of the child being born
370	370	addicted to alcohol or a controlled substance, other than a
371	371	controlled substance legally obtained by prescription;
372	372	(S) voluntarily delivered the child to a
373	373	designated emergency infant care provider under Section 262.302
374	374	without expressing an intent to return for the child;
375	375	(T) been convicted of:
376	376	(i) the murder of the other parent of the
377	377	child under Section 19.02 or 19.03, Penal Code, or under a law of
378	378	another state, federal law, the law of a foreign country, or the
379	379	Uniform Code of Military Justice that contains elements that are
380	380	substantially similar to the elements of an offense under Section
381	381	19.02 or 19.03, Penal Code;
382	382	(ii) criminal attempt under Section 15.01,
383	383	Penal Code, or under a law of another state, federal law, the law of
384	384	a foreign country, or the Uniform Code of Military Justice that
385	385	contains elements that are substantially similar to the elements of
386	386	an offense under Section 15.01, Penal Code, to commit the offense
387	387	described by Subparagraph (i);
388	388	(iii) criminal solicitation under Section
389	389	15.03, Penal Code, or under a law of another state, federal law, the
390	390	law of a foreign country, or the Uniform Code of Military Justice
391	391	that contains elements that are substantially similar to the
392	392	elements of an offense under Section 15.03, Penal Code, of the
393	393	offense described by Subparagraph (i); or
394	394	(iv) the sexual assault of the other parent
395	395	of the child under Section 22.011 or 22.021, Penal Code, or under a
396	396	law of another state, federal law, or the Uniform Code of Military
397	397	Justice that contains elements that are substantially similar to
398	398	the elements of an offense under Section 22.011 or 22.021, Penal
399	399	Code; or
400	400	(U) been placed on community supervision,
401	401	including deferred adjudication community supervision, or another
402	402	functionally equivalent form of community supervision or
403	403	probation, for being criminally responsible for the sexual assault
404	404	of the other parent of the child under Section 22.011 or 22.021,
405	405	Penal Code, or under a law of another state, federal law, or the
406	406	Uniform Code of Military Justice that contains elements that are
407	407	substantially similar to the elements of an offense under Section
408	408	22.011 or 22.021, Penal Code; and
409	409	(2) that termination is in the best interest of the
410	410	child.
411	411	SECTION 6. Section 262.2015(b), Family Code, is amended to
412	412	read as follows:
413	413	(b) The court may find under Subsection (a) that a parent
414	414	has subjected the child to aggravated circumstances if:
415	415	(1) the parent abandoned the child without
416	416	identification or a means for identifying the child;
417	417	(2) the child or another child of the parent is a
418	418	victim of serious bodily injury or sexual abuse inflicted by the
419	419	parent or by another person with the parent's consent;
420	420	(3) the parent has engaged in conduct against the
421	421	child or another child of the parent that would constitute an
422	422	offense under the following provisions of the Penal Code:
423	423	(A) Section 19.02 (murder);
424	424	(B) Section 19.03 (capital murder);
425	425	(C) Section 19.04 (manslaughter);
426	426	(D) Section 21.11 (indecency with a child);
427	427	(E) Section 22.011 (sexual assault);
428	428	(F) Section 22.02 (aggravated assault);
429	429	(G) Section 22.021 (aggravated sexual assault);
430	430	(H) Section 22.04 (injury to a child, elderly
431	431	individual, or disabled individual);
432	432	(I) Section 22.041 (abandoning or endangering a
433	433	child, elderly individual, or disabled individual);
434	434	(J) Section 25.02 (prohibited sexual conduct);
435	435	(K) Section 43.25 (sexual performance by a
436	436	child);
437	437	(L) Section 43.26 (possession or promotion of
438	438	child pornography);
439	439	(M) Section 21.02 (continuous sexual abuse of
440	440	young child or children);
441	441	(N) Section 43.05(a)(2) (compelling
442	442	prostitution); or
443	443	(O) Section 20A.02(a)(7) or (8) (trafficking of
444	444	persons);
445	445	(4) the parent voluntarily left the child alone or in
446	446	the possession of another person not the parent of the child for at
447	447	least six months without expressing an intent to return and without
448	448	providing adequate support for the child;
449	449	(5) the parent's parental rights with regard to
450	450	another child have been involuntarily terminated based on a finding
451	451	that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
452	452	or a substantially equivalent provision of another state's law;
453	453	(6) the parent has been convicted for:
454	454	(A) the murder of another child of the parent and
455	455	the offense would have been an offense under 18 U.S.C. Section
456	456	1111(a) if the offense had occurred in the special maritime or
457	457	territorial jurisdiction of the United States;
458	458	(B) the voluntary manslaughter of another child
459	459	of the parent and the offense would have been an offense under 18
460	460	U.S.C. Section 1112(a) if the offense had occurred in the special
461	461	maritime or territorial jurisdiction of the United States;
462	462	(C) aiding or abetting, attempting, conspiring,
463	463	or soliciting an offense under Paragraph (A) or (B); or
464	464	(D) the felony assault of the child or another
465	465	child of the parent that resulted in serious bodily injury to the
466	466	child or another child of the parent;
467	467	(7) the parent's parental rights with regard to
468	468	another child of the parent have been involuntarily terminated; or
469	469	(8) the parent is required under any state or federal
470	470	law to register with a sex offender registry.
471	471	SECTION 7. Section 250.006(a), Health and Safety Code, is
472	472	amended to read as follows:
473	473	(a) A person for whom the facility or the individual
474	474	employer is entitled to obtain criminal history record information
475	475	may not be employed in a facility or by an individual employer if
476	476	the person has been convicted of an offense listed in this
477	477	subsection:
478	478	(1) an offense under Chapter 19, Penal Code (criminal
479	479	homicide);
480	480	(2) an offense under Chapter 20, Penal Code
481	481	(kidnapping, unlawful restraint, and smuggling of persons);
482	482	(3) an offense under Section 21.02, Penal Code
483	483	(continuous sexual abuse of young child or children), or Section
484	484	21.11, Penal Code (indecency with a child);
485	485	(4) an offense under Section 22.011, Penal Code
486	486	(sexual assault);
487	487	(5) an offense under Section 22.02, Penal Code
488	488	(aggravated assault);
489	489	(6) an offense under Section 22.04, Penal Code (injury
490	490	to a child, elderly individual, or disabled individual);
491	491	(7) an offense under Section 22.041, Penal Code
492	492	(abandoning or endangering a child, elderly individual, or disabled
493	493	individual);
494	494	(8) an offense under Section 22.08, Penal Code (aiding
495	495	suicide);
496	496	(9) an offense under Section 25.031, Penal Code
497	497	(agreement to abduct from custody);
498	498	(10) an offense under Section 25.08, Penal Code (sale
499	499	or purchase of child);
500	500	(11) an offense under Section 28.02, Penal Code
501	501	(arson);
502	502	(12) an offense under Section 29.02, Penal Code
503	503	(robbery);
504	504	(13) an offense under Section 29.03, Penal Code
505	505	(aggravated robbery);
506	506	(14) an offense under Section 21.08, Penal Code
507	507	(indecent exposure);
508	508	(15) an offense under Section 21.12, Penal Code
509	509	(improper relationship between educator and student);
510	510	(16) an offense under Section 21.15, Penal Code
511	511	(invasive visual recording);
512	512	(17) an offense under Section 22.05, Penal Code
513	513	(deadly conduct);
514	514	(18) an offense under Section 22.021, Penal Code
515	515	(aggravated sexual assault);
516	516	(19) an offense under Section 22.07, Penal Code
517	517	(terroristic threat);
518	518	(20) an offense under Section 32.53, Penal Code
519	519	(exploitation of child, elderly individual, or disabled
520	520	individual);
521	521	(21) an offense under Section 33.021, Penal Code
522	522	(online solicitation of a minor);
523	523	(22) an offense under Section 34.02, Penal Code (money
524	524	laundering);
525	525	(23) an offense under Section 35A.02, Penal Code
526	526	(health care fraud);
527	527	(24) an offense under Section 36.06, Penal Code
528	528	(obstruction or retaliation);
529	529	(25) an offense under Section 42.09, Penal Code
530	530	(cruelty to livestock animals), or under Section 42.092, Penal Code
531	531	(cruelty to nonlivestock animals); or
532	532	(26) a conviction under the laws of another state,
533	533	federal law, or the Uniform Code of Military Justice for an offense
534	534	containing elements that are substantially similar to the elements
535	535	of an offense listed by this subsection.
536	536	SECTION 8. Section 301.4535(a), Occupations Code, is
537	537	amended to read as follows:
538	538	(a) The board shall suspend a nurse's license or refuse to
539	539	issue a license to an applicant on proof that the nurse or applicant
540	540	has been initially convicted of:
541	541	(1) murder under Section 19.02, Penal Code, capital
542	542	murder under Section 19.03, Penal Code, or manslaughter under
543	543	Section 19.04, Penal Code;
544	544	(2) kidnapping or unlawful restraint under Chapter 20,
545	545	Penal Code, and the offense was punished as a felony or state jail
546	546	felony;
547	547	(3) sexual assault under Section 22.011, Penal Code;
548	548	(4) aggravated sexual assault under Section 22.021,
549	549	Penal Code;
550	550	(5) continuous sexual abuse of young child or children
551	551	under Section 21.02, Penal Code, or indecency with a child under
552	552	Section 21.11, Penal Code;
553	553	(6) aggravated assault under Section 22.02, Penal
554	554	Code;
555	555	(7) intentionally, knowingly, or recklessly injuring
556	556	a child, elderly individual, or disabled individual under Section
557	557	22.04, Penal Code;
558	558	(8) intentionally, knowingly, or recklessly
559	559	abandoning or endangering a child, elderly individual, or disabled
560	560	individual under Section 22.041, Penal Code;
561	561	(9) aiding suicide under Section 22.08, Penal Code,
562	562	and the offense was punished as a state jail felony;
563	563	(10) an offense involving a violation of certain court
564	564	orders or conditions of bond under Section 25.07, 25.071, or
565	565	25.072, Penal Code, punished as a felony;
566	566	(11) an agreement to abduct a child from custody under
567	567	Section 25.031, Penal Code;
568	568	(12) the sale or purchase of a child under Section
569	569	25.08, Penal Code;
570	570	(13) robbery under Section 29.02, Penal Code;
571	571	(14) aggravated robbery under Section 29.03, Penal
572	572	Code;
573	573	(15) an offense for which a defendant is required to
574	574	register as a sex offender under Chapter 62, Code of Criminal
575	575	Procedure; or
576	576	(16) an offense under the law of another state,
577	577	federal law, or the Uniform Code of Military Justice that contains
578	578	elements that are substantially similar to the elements of an
579	579	offense listed in this subsection.
580	580	SECTION 9. The changes in law made by this Act apply only to
581	581	an offense committed on or after the effective date of this Act. An
582	582	offense committed before the effective date of this Act is governed
583	583	by the law in effect on the date the offense was committed, and the
584	584	former law is continued in effect for that purpose. For purposes of
585	585	this section, an offense was committed before the effective date of
586	586	this Act if any element of the offense was committed before that
587	587	date.
588	588	SECTION 10. This Act takes effect September 1, 2021.