Texas 2021 - 87th Regular

Texas House Bill HB2285 Compare Versions

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

Old	New	Differences
1	1	87R6957 MCK-D
2	2	By: Parker H.B. No. 2285
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of and criminal offenses occurring near
8	8	certain child-care facilities and age restrictions on persons
9	9	employed by or allowed on the premises of a sexually oriented
10	10	business; creating criminal offenses; increasing criminal
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
14	14	by adding Section 106.17 to read as follows:
15	15	Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED
16	16	PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may
17	17	not be on premises covered by a permit or license issued under this
18	18	code if a sexually oriented business, as defined by Section
19	19	243.002, Local Government Code, operates on the premises.
20	20	(b) The holder of a permit or license covering a premises
21	21	described by Subsection (a) may not knowingly or recklessly allow a
22	22	minor to be on the premises.
23	23	SECTION 2. Subchapter A, Chapter 102, Business & Commerce
24	24	Code, is amended by adding Section 102.0031 to read as follows:
25	25	Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
26	26	BUSINESS IN RELATION TO CHILD. A sexually oriented business may not
27	27	allow an individual younger than 18 years of age to enter the
28	28	premises of the business.
29	29	SECTION 3. Section 102.004(a), Business & Commerce Code, is
30	30	amended to read as follows:
31	31	(a) The attorney general or appropriate district or county
32	32	attorney, in the name of the state, may bring an action for an
33	33	injunction or other process against a person who violates or
34	34	threatens to violate Section 102.002, [or] 102.003, or 102.0031.
35	35	SECTION 4. Section 102.005(b), Business & Commerce Code, is
36	36	amended to read as follows:
37	37	(b) A sexually oriented business commits an offense if the
38	38	business violates Section 102.003 or 102.0031.
39	39	SECTION 5. Section 125.0015(a), Civil Practice and Remedies
40	40	Code, is amended to read as follows:
41	41	(a) A person who maintains a place to which persons
42	42	habitually go for the following purposes and who knowingly
43	43	tolerates the activity and furthermore fails to make reasonable
44	44	attempts to abate the activity maintains a common nuisance:
45	45	(1) discharge of a firearm in a public place as
46	46	prohibited by the Penal Code;
47	47	(2) reckless discharge of a firearm as prohibited by
48	48	the Penal Code;
49	49	(3) engaging in organized criminal activity as a
50	50	member of a combination as prohibited by the Penal Code;
51	51	(4) delivery, possession, manufacture, or use of a
52	52	substance or other item in violation of Chapter 481, Health and
53	53	Safety Code;
54	54	(5) gambling, gambling promotion, or communicating
55	55	gambling information as prohibited by the Penal Code;
56	56	(6) prostitution, promotion of prostitution, or
57	57	aggravated promotion of prostitution as prohibited by the Penal
58	58	Code;
59	59	(7) compelling prostitution as prohibited by the Penal
60	60	Code;
61	61	(8) commercial manufacture, commercial distribution,
62	62	or commercial exhibition of obscene material as prohibited by the
63	63	Penal Code;
64	64	(9) aggravated assault as described by Section 22.02,
65	65	Penal Code;
66	66	(10) sexual assault as described by Section 22.011,
67	67	Penal Code;
68	68	(11) aggravated sexual assault as described by Section
69	69	22.021, Penal Code;
70	70	(12) robbery as described by Section 29.02, Penal
71	71	Code;
72	72	(13) aggravated robbery as described by Section 29.03,
73	73	Penal Code;
74	74	(14) unlawfully carrying a weapon as described by
75	75	Section 46.02, Penal Code;
76	76	(15) murder as described by Section 19.02, Penal Code;
77	77	(16) capital murder as described by Section 19.03,
78	78	Penal Code;
79	79	(17) continuous sexual abuse of young child or
80	80	children as described by Section 21.02, Penal Code;
81	81	(18) massage therapy or other massage services in
82	82	violation of Chapter 455, Occupations Code;
83	83	(19) employing an individual younger than 21 years of
84	84	age [a minor] at a sexually oriented business as defined by Section
85	85	243.002, Local Government Code;
86	86	(20) trafficking of persons as described by Section
87	87	20A.02, Penal Code;
88	88	(21) sexual conduct or performance by a child as
89	89	described by Section 43.25, Penal Code;
90	90	(22) employment harmful to a child as described by
91	91	Section 43.251, Penal Code;
92	92	(23) criminal trespass as described by Section 30.05,
93	93	Penal Code;
94	94	(24) disorderly conduct as described by Section 42.01,
95	95	Penal Code;
96	96	(25) arson as described by Section 28.02, Penal Code;
97	97	(26) criminal mischief as described by Section 28.03,
98	98	Penal Code, that causes a pecuniary loss of $500 or more; [or]
99	99	(27) a graffiti offense in violation of Section 28.08,
100	100	Penal Code; or
101	101	(28) permitting an individual younger than 18 years of
102	102	age to remain on the premises of a sexually oriented business as
103	103	defined by Section 243.002, Local Government Code.
104	104	SECTION 6. Articles 42A.453(a) and (c), Code of Criminal
105	105	Procedure, are amended to read as follows:
106	106	(a) In this article, "playground," "premises," "school,"
107	107	"video arcade facility," and "youth center" have the meanings
108	108	assigned by Section 481.134, Health and Safety Code, and "general
109	109	residential operation" has the meaning assigned by Section 42.002,
110	110	Human Resources Code.
111	111	(c) If a judge grants community supervision to a defendant
112	112	described by Subsection (b) and the judge determines that a child as
113	113	defined by Section 22.011(c), Penal Code, was the victim of the
114	114	offense, the judge shall establish a child safety zone applicable
115	115	to the defendant by requiring as a condition of community
116	116	supervision that the defendant:
117	117	(1) not:
118	118	(A) supervise or participate in any program that:
119	119	(i) includes as participants or recipients
120	120	persons who are 17 years of age or younger; and
121	121	(ii) regularly provides athletic, civic, or
122	122	cultural activities; or
123	123	(B) go in, on, or within 1,000 feet of a premises
124	124	where children commonly gather, including a school, day-care
125	125	facility, playground, public or private youth center, public
126	126	swimming pool, [or] video arcade facility, or general residential
127	127	operation operating as a residential treatment center; and
128	128	(2) attend psychological counseling sessions for sex
129	129	offenders with an individual or organization that provides sex
130	130	offender treatment or counseling as specified or approved by the
131	131	judge or the defendant's supervision officer.
132	132	SECTION 7. Section 481.134(a), Health and Safety Code, is
133	133	amended by adding Subdivision (8) to read as follows:
134	134	(8) "General residential operation" has the meaning
135	135	assigned by Section 42.002, Human Resources Code.
136	136	SECTION 8. Sections 481.134(b), (c), (d), (e), and (f),
137	137	Health and Safety Code, are amended to read as follows:
138	138	(b) An offense otherwise punishable as a state jail felony
139	139	under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
140	140	punishable as a felony of the third degree, and an offense otherwise
141	141	punishable as a felony of the second degree under any of those
142	142	sections is punishable as a felony of the first degree, if it is
143	143	shown at the punishment phase of the trial of the offense that the
144	144	offense was committed:
145	145	(1) in, on, or within 1,000 feet of premises owned,
146	146	rented, or leased by an institution of higher learning, the
147	147	premises of a public or private youth center, or a playground; [or]
148	148	(2) in, on, or within 300 feet of the premises of a
149	149	public swimming pool or video arcade facility; or
150	150	(3) by any unauthorized person 18 years of age or
151	151	older, in, on, or within 1,000 feet of premises owned, rented, or
152	152	leased by a general residential operation operating as a
153	153	residential treatment center.
154	154	(c) The minimum term of confinement or imprisonment for an
155	155	offense otherwise punishable under Section 481.112(c), (d), (e), or
156	156	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
157	157	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
158	158	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
159	159	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
160	160	(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
161	161	years and the maximum fine for the offense is doubled if it is shown
162	162	on the trial of the offense that the offense was committed:
163	163	(1) in, on, or within 1,000 feet of the premises of a
164	164	school, the premises of a public or private youth center, or a
165	165	playground; [or]
166	166	(2) on a school bus; or
167	167	(3) by any unauthorized person 18 years of age or
168	168	older, in, on, or within 1,000 feet of premises owned, rented, or
169	169	leased by a general residential operation operating as a
170	170	residential treatment center.
171	171	(d) An offense otherwise punishable under Section
172	172	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
173	173	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
174	174	481.121(b)(3) is a felony of the third degree if it is shown on the
175	175	trial of the offense that the offense was committed:
176	176	(1) in, on, or within 1,000 feet of any real property
177	177	that is owned, rented, or leased to a school or school board, the
178	178	premises of a public or private youth center, or a playground; [or]
179	179	(2) on a school bus; or
180	180	(3) by any unauthorized person 18 years of age or
181	181	older, in, on, or within 1,000 feet of premises owned, rented, or
182	182	leased by a general residential operation operating as a
183	183	residential treatment center.
184	184	(e) An offense otherwise punishable under Section
185	185	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
186	186	jail felony if it is shown on the trial of the offense that the
187	187	offense was committed:
188	188	(1) in, on, or within 1,000 feet of any real property
189	189	that is owned, rented, or leased to a school or school board, the
190	190	premises of a public or private youth center, or a playground; [or]
191	191	(2) on a school bus; or
192	192	(3) by any unauthorized person 18 years of age or
193	193	older, in, on, or within 1,000 feet of premises owned, rented, or
194	194	leased by a general residential operation operating as a
195	195	residential treatment center.
196	196	(f) An offense otherwise punishable under Section
197	197	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
198	198	A misdemeanor if it is shown on the trial of the offense that the
199	199	offense was committed:
200	200	(1) in, on, or within 1,000 feet of any real property
201	201	that is owned, rented, or leased to a school or school board, the
202	202	premises of a public or private youth center, or a playground; [or]
203	203	(2) on a school bus; or
204	204	(3) by any unauthorized person 18 years of age or
205	205	older, in, on, or within 1,000 feet of premises owned, rented, or
206	206	leased by a general residential operation operating as a
207	207	residential treatment center.
208	208	SECTION 9. Section 42.002, Human Resources Code, is amended
209	209	by adding Subdivision (25) to read as follows:
210	210	(25) "Grounds" means, with regard to property, the
211	211	real property, whether fenced or unfenced, of the parcel of land on
212	212	which is located any appurtenant building, structure, or other
213	213	improvement, including a public or private driveway, street,
214	214	sidewalk or walkway, parking lot, and parking garage on the
215	215	property.
216	216	SECTION 10. Sections 42.042(e), (g), and (g-2), Human
217	217	Resources Code, are amended to read as follows:
218	218	(e) The executive commissioner shall promulgate minimum
219	219	standards that apply to licensed child-care facilities and to
220	220	registered family homes covered by this chapter and that will:
221	221	(1) promote the health, safety, and welfare of
222	222	children attending a facility or registered family home;
223	223	(2) promote safe, comfortable, and healthy physical
224	224	facilities and registered family homes for children;
225	225	(3) ensure adequate supervision of children by
226	226	capable, qualified, and healthy personnel;
227	227	(4) ensure adequate and healthy food service where
228	228	food service is offered;
229	229	(5) prohibit racial discrimination by child-care
230	230	facilities and registered family homes;
231	231	(6) require procedures for parental and guardian
232	232	consultation in the formulation of children's educational and
233	233	therapeutic programs;
234	234	(7) prevent the breakdown of foster care and adoptive
235	235	placement; [and]
236	236	(8) ensure that a child-care facility or registered
237	237	family home:
238	238	(A) follows the directions of a child's physician
239	239	or other health care provider in providing specialized medical
240	240	assistance required by the child; and
241	241	(B) maintains for a reasonable time a copy of any
242	242	directions from the physician or provider that the parent provides
243	243	to the facility or home; and
244	244	(9) ensure that a child's health, safety, and welfare
245	245	are adequately protected on the grounds of a child-care facility or
246	246	registered family home.
247	247	(g) In promulgating minimum standards the executive
248	248	commissioner may recognize and treat differently the types of
249	249	services provided by and the grounds appurtenant to the following:
250	250	(1) listed family homes;
251	251	(2) registered family homes;
252	252	(3) child-care facilities, including general
253	253	residential operations, cottage home operations, specialized
254	254	child-care homes, group day-care homes, and day-care centers;
255	255	(4) child-placing agencies;
256	256	(5) agency foster homes;
257	257	(6) continuum-of-care residential operations;
258	258	(7) before-school or after-school programs; and
259	259	(8) school-age programs.
260	260	(g-2) The executive commissioner by rule shall adopt
261	261	minimum standards that apply to general residential operations that
262	262	provide comprehensive residential and nonresidential services to
263	263	persons who are victims of trafficking under Section 20A.02, Penal
264	264	Code. In adopting the minimum standards under this subsection, the
265	265	executive commissioner shall consider:
266	266	(1) the special circumstances, [and] needs, and
267	267	precautions required of victims of trafficking of persons; [and]
268	268	(2) the role of the general residential operations in
269	269	assisting, [and] supporting, and protecting victims of trafficking
270	270	of persons; and
271	271	(3) the vulnerability of victims of trafficking of
272	272	persons on the grounds of a general residential operation operating
273	273	as a residential treatment center.
274	274	SECTION 11. Subchapter C, Chapter 42, Human Resources Code,
275	275	is amended by adding Section 42.068 to read as follows:
276	276	Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE;
277	277	CRIMINAL PENALTY. (a) Each general residential operation
278	278	operating as a residential treatment center shall post "No
279	279	Trespassing" notices on the grounds of the general residential
280	280	operation in the following locations:
281	281	(1) parallel to and along the exterior boundaries of
282	282	the general residential operation's grounds;
283	283	(2) at each roadway or other way of access to the
284	284	grounds;
285	285	(3) for grounds not fenced, at least every five
286	286	hundred feet along the exterior boundaries of the grounds;
287	287	(4) at each entrance to the grounds; and
288	288	(5) at conspicuous places reasonably likely to be
289	289	viewed by intruders.
290	290	(b) Each "No Trespassing" notice posted on the grounds of a
291	291	general residential operation operating as a residential treatment
292	292	center must:
293	293	(1) state that entry to the property is forbidden;
294	294	(2) include a description of the provisions of
295	295	Section 30.05, Penal Code, including the penalties for violating
296	296	Section 30.05, Penal Code;
297	297	(3) include the name and address of the person under
298	298	whose authority the notice is posted;
299	299	(4) be written in English and Spanish; and
300	300	(5) be at least 8-1/2 by 11 inches in size.
301	301	(c) The executive commissioner by rule shall determine and
302	302	prescribe the requirements regarding the placement, installation,
303	303	design, size, wording, and maintenance procedures for the "No
304	304	Trespassing" notices.
305	305	(d) The commission shall provide without charge to each
306	306	general residential operation operating as a residential treatment
307	307	center the number of "No Trespassing" notices required to comply
308	308	with this section and rules adopted under this section.
309	309	(e) A person who operates a general residential operation
310	310	operating as a residential treatment center commits an offense if
311	311	the commission provides "No Trespassing" notices to the facility
312	312	and the person fails to display the "No Trespassing" notices on the
313	313	operation's grounds as required by this section before the end of
314	314	the 30th business day after the date the operation receives the
315	315	notices. An offense under this subsection is a Class C misdemeanor.
316	316	SECTION 12. Sections 51.016(b), (h), and (i), Labor Code,
317	317	are amended to read as follows:
318	318	(b) A sexually oriented business may not employ an
319	319	individual younger than 21 [18] years of age.
320	320	(h) The commission, the attorney general, or a local law
321	321	enforcement agency may inspect a record maintained under this
322	322	section if there is good reason to believe that an individual
323	323	younger than 21 [18] years of age is employed or has been employed
324	324	by the sexually oriented business within the two years preceding
325	325	the date of the inspection.
326	326	(i) A person commits an offense if the person:
327	327	(1) fails to maintain a record as required by this
328	328	section; [or]
329	329	(2) knowingly or intentionally hinders an inspection
330	330	authorized under Subsection (h); or
331	331	(3) violates Subsection (b).
332	332	SECTION 13. Section 20A.02(b), Penal Code, is amended to
333	333	read as follows:
334	334	(b) Except as otherwise provided by this subsection, an
335	335	offense under this section is a felony of the second degree. An
336	336	offense under this section is a felony of the first degree if:
337	337	(1) the applicable conduct constitutes an offense
338	338	under Subsection (a)(5), (6), (7), or (8), regardless of whether
339	339	the actor knows the age of the child at the time of the offense;
340	340	(2) the commission of the offense results in the death
341	341	of the person who is trafficked; [or]
342	342	(3) the commission of the offense results in the death
343	343	of an unborn child of the person who is trafficked; or
344	344	(4) the actor recruited, enticed, or obtained the
345	345	victim of the offense from a shelter or facility operating as a
346	346	residential treatment center that serves runaway youth, foster
347	347	children, the homeless, or persons subjected to human trafficking,
348	348	domestic violence, or sexual assault.
349	349	SECTION 14. Section 30.05(a), Penal Code, is amended to
350	350	read as follows:
351	351	(a) A person commits an offense if the person enters or
352	352	remains on or in property of another, including residential land,
353	353	agricultural land, a recreational vehicle park, a building, a
354	354	general residential operation operating as a residential treatment
355	355	center, or an aircraft or other vehicle, without effective consent
356	356	and the person:
357	357	(1) had notice that the entry was forbidden; or
358	358	(2) received notice to depart but failed to do so.
359	359	SECTION 15. Section 30.05(b), Penal Code, is amended by
360	360	adding Subdivision (13) to read as follows:
361	361	(13) "General residential operation" has the meaning
362	362	assigned by Section 42.002, Human Resources Code.
363	363	SECTION 16. Section 30.05(d), Penal Code, is amended to
364	364	read as follows:
365	365	(d) An offense under this section is:
366	366	(1) a Class B misdemeanor, except as provided by
367	367	Subdivisions (2) and (3);
368	368	(2) a Class C misdemeanor, except as provided by
369	369	Subdivision (3), if the offense is committed:
370	370	(A) on agricultural land and within 100 feet of
371	371	the boundary of the land; or
372	372	(B) on residential land and within 100 feet of a
373	373	protected freshwater area; and
374	374	(3) a Class A misdemeanor if:
375	375	(A) the offense is committed:
376	376	(i) in a habitation or a shelter center;
377	377	(ii) on a Superfund site; or
378	378	(iii) on or in a critical infrastructure
379	379	facility;
380	380	(B) the offense is committed on or in property of
381	381	an institution of higher education and it is shown on the trial of
382	382	the offense that the person has previously been convicted of:
383	383	(i) an offense under this section relating
384	384	to entering or remaining on or in property of an institution of
385	385	higher education; or
386	386	(ii) an offense under Section 51.204(b)(1),
387	387	Education Code, relating to trespassing on the grounds of an
388	388	institution of higher education; [or]
389	389	(C) the person carries a deadly weapon during the
390	390	commission of the offense; or
391	391	(D) the offense is committed on the property of
392	392	or within a general residential operation operating as a
393	393	residential treatment center.
394	394	SECTION 17. Section 43.251(a)(1), Penal Code, is amended to
395	395	read as follows:
396	396	(1) "Child" means a person younger than 21 [18] years
397	397	of age.
398	398	SECTION 18. Section 71.028(a), Penal Code, is amended to
399	399	read as follows:
400	400	(a) In this section:
401	401	(1) "General residential operation" has the meaning
402	402	assigned by Section 42.002, Human Resources Code.
403	403	(2) "Institution of higher education," "playground,"
404	404	"premises," "school," "video arcade facility," and "youth center"
405	405	have the meanings assigned by Section 481.134, Health and Safety
406	406	Code.
407	407	(3) [(2)] "Shopping mall" means an enclosed public
408	408	walkway or hall area that connects retail, service, or professional
409	409	establishments.
410	410	SECTION 19. Section 71.028(c), Penal Code, is amended to
411	411	read as follows:
412	412	(c) Except as provided by Subsection (d), the punishment
413	413	prescribed for an offense described by Subsection (b) is increased
414	414	to the punishment prescribed for the next highest category of
415	415	offense if the actor is 17 years of age or older and it is shown
416	416	beyond a reasonable doubt on the trial of the offense that the actor
417	417	committed the offense at a location that was:
418	418	(1) in, on, or within 1,000 feet of any:
419	419	(A) real property that is owned, rented, or
420	420	leased by a school or school board;
421	421	(B) premises owned, rented, or leased by an
422	422	institution of higher education;
423	423	(C) premises of a public or private youth center;
424	424	[or]
425	425	(D) playground; or
426	426	(E) general residential operation operating as a
427	427	residential treatment center;
428	428	(2) in, on, or within 300 feet of any:
429	429	(A) shopping mall;
430	430	(B) movie theater;
431	431	(C) premises of a public swimming pool; or
432	432	(D) premises of a video arcade facility; or
433	433	(3) on a school bus.
434	434	SECTION 20. The changes in law made by this Act apply only
435	435	to an offense committed on or after the effective date of this Act.
436	436	An offense committed before the effective date of this Act is
437	437	governed by the law in effect when the offense was committed, and
438	438	that law is continued in effect for that purpose. For the purposes
439	439	of this section, an offense is committed before the effective date
440	440	of this Act if any element of the offense occurs before that date.
441	441	SECTION 21. This Act takes effect September 1, 2021.