87R6957 MCK-D
By: Parker H.B. No. 2285
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of and criminal offenses occurring near
certain child-care facilities and age restrictions on persons
employed by or allowed on the premises of a sexually oriented
business; creating criminal offenses; increasing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
by adding Section 106.17 to read as follows:
Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED
PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may
not be on premises covered by a permit or license issued under this
code if a sexually oriented business, as defined by Section
243.002, Local Government Code, operates on the premises.
(b) The holder of a permit or license covering a premises
described by Subsection (a) may not knowingly or recklessly allow a
minor to be on the premises.
SECTION 2. Subchapter A, Chapter 102, Business & Commerce
Code, is amended by adding Section 102.0031 to read as follows:
Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY
BUSINESS IN RELATION TO CHILD. A sexually oriented business may not
allow an individual younger than 18 years of age to enter the
premises of the business.
SECTION 3. Section 102.004(a), Business & Commerce Code, is
amended to read as follows:
(a) The attorney general or appropriate district or county
attorney, in the name of the state, may bring an action for an
injunction or other process against a person who violates or
threatens to violate Section 102.002, [or] 102.003, or 102.0031.
SECTION 4. Section 102.005(b), Business & Commerce Code, is
amended to read as follows:
(b) A sexually oriented business commits an offense if the
business violates Section 102.003 or 102.0031.
SECTION 5. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing an individual younger than 21 years of
age [a minor] at a sexually oriented business as defined by Section
243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; [or]
(27) a graffiti offense in violation of Section 28.08,
Penal Code; or
(28) permitting an individual younger than 18 years of
age to remain on the premises of a sexually oriented business as
defined by Section 243.002, Local Government Code.
SECTION 6. Articles 42A.453(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In this article, "playground," "premises," "school,"
"video arcade facility," and "youth center" have the meanings
assigned by Section 481.134, Health and Safety Code, and "general
residential operation" has the meaning assigned by Section 42.002,
Human Resources Code.
(c) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:
(1) not:
(A) supervise or participate in any program that:
(i) includes as participants or recipients
persons who are 17 years of age or younger; and
(ii) regularly provides athletic, civic, or
cultural activities; or
(B) go in, on, or within 1,000 feet of a premises
where children commonly gather, including a school, day-care
facility, playground, public or private youth center, public
swimming pool, [or] video arcade facility, or general residential
operation operating as a residential treatment center; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization that provides sex
offender treatment or counseling as specified or approved by the
judge or the defendant's supervision officer.
SECTION 7. Section 481.134(a), Health and Safety Code, is
amended by adding Subdivision (8) to read as follows:
(8) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
SECTION 8. Sections 481.134(b), (c), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
punishable as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; [or]
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
years and the maximum fine for the offense is doubled if it is shown
on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(3) is a felony of the third degree if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
jail felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
A misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; [or]
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 9. Section 42.002, Human Resources Code, is amended
by adding Subdivision (25) to read as follows:
(25) "Grounds" means, with regard to property, the
real property, whether fenced or unfenced, of the parcel of land on
which is located any appurtenant building, structure, or other
improvement, including a public or private driveway, street,
sidewalk or walkway, parking lot, and parking garage on the
property.
SECTION 10. Sections 42.042(e), (g), and (g-2), Human
Resources Code, are amended to read as follows:
(e) The executive commissioner shall promulgate minimum
standards that apply to licensed child-care facilities and to
registered family homes covered by this chapter and that will:
(1) promote the health, safety, and welfare of
children attending a facility or registered family home;
(2) promote safe, comfortable, and healthy physical
facilities and registered family homes for children;
(3) ensure adequate supervision of children by
capable, qualified, and healthy personnel;
(4) ensure adequate and healthy food service where
food service is offered;
(5) prohibit racial discrimination by child-care
facilities and registered family homes;
(6) require procedures for parental and guardian
consultation in the formulation of children's educational and
therapeutic programs;
(7) prevent the breakdown of foster care and adoptive
placement; [and]
(8) ensure that a child-care facility or registered
family home:
(A) follows the directions of a child's physician
or other health care provider in providing specialized medical
assistance required by the child; and
(B) maintains for a reasonable time a copy of any
directions from the physician or provider that the parent provides
to the facility or home; and
(9) ensure that a child's health, safety, and welfare
are adequately protected on the grounds of a child-care facility or
registered family home.
(g) In promulgating minimum standards the executive
commissioner may recognize and treat differently the types of
services provided by and the grounds appurtenant to the following:
(1) listed family homes;
(2) registered family homes;
(3) child-care facilities, including general
residential operations, cottage home operations, specialized
child-care homes, group day-care homes, and day-care centers;
(4) child-placing agencies;
(5) agency foster homes;
(6) continuum-of-care residential operations;
(7) before-school or after-school programs; and
(8) school-age programs.
(g-2) The executive commissioner by rule shall adopt
minimum standards that apply to general residential operations that
provide comprehensive residential and nonresidential services to
persons who are victims of trafficking under Section 20A.02, Penal
Code. In adopting the minimum standards under this subsection, the
executive commissioner shall consider:
(1) the special circumstances, [and] needs, and
precautions required of victims of trafficking of persons; [and]
(2) the role of the general residential operations in
assisting, [and] supporting, and protecting victims of trafficking
of persons; and
(3) the vulnerability of victims of trafficking of
persons on the grounds of a general residential operation operating
as a residential treatment center.
SECTION 11. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.068 to read as follows:
Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE;
CRIMINAL PENALTY. (a) Each general residential operation
operating as a residential treatment center shall post "No
Trespassing" notices on the grounds of the general residential
operation in the following locations:
(1) parallel to and along the exterior boundaries of
the general residential operation's grounds;
(2) at each roadway or other way of access to the
grounds;
(3) for grounds not fenced, at least every five
hundred feet along the exterior boundaries of the grounds;
(4) at each entrance to the grounds; and
(5) at conspicuous places reasonably likely to be
viewed by intruders.
(b) Each "No Trespassing" notice posted on the grounds of a
general residential operation operating as a residential treatment
center must:
(1) state that entry to the property is forbidden;
(2) include a description of the provisions of
Section 30.05, Penal Code, including the penalties for violating
Section 30.05, Penal Code;
(3) include the name and address of the person under
whose authority the notice is posted;
(4) be written in English and Spanish; and
(5) be at least 8-1/2 by 11 inches in size.
(c) The executive commissioner by rule shall determine and
prescribe the requirements regarding the placement, installation,
design, size, wording, and maintenance procedures for the "No
Trespassing" notices.
(d) The commission shall provide without charge to each
general residential operation operating as a residential treatment
center the number of "No Trespassing" notices required to comply
with this section and rules adopted under this section.
(e) A person who operates a general residential operation
operating as a residential treatment center commits an offense if
the commission provides "No Trespassing" notices to the facility
and the person fails to display the "No Trespassing" notices on the
operation's grounds as required by this section before the end of
the 30th business day after the date the operation receives the
notices. An offense under this subsection is a Class C misdemeanor.
SECTION 12. Sections 51.016(b), (h), and (i), Labor Code,
are amended to read as follows:
(b) A sexually oriented business may not employ an
individual younger than 21 [18] years of age.
(h) The commission, the attorney general, or a local law
enforcement agency may inspect a record maintained under this
section if there is good reason to believe that an individual
younger than 21 [18] years of age is employed or has been employed
by the sexually oriented business within the two years preceding
the date of the inspection.
(i) A person commits an offense if the person:
(1) fails to maintain a record as required by this
section; [or]
(2) knowingly or intentionally hinders an inspection
authorized under Subsection (h); or
(3) violates Subsection (b).
SECTION 13. Section 20A.02(b), Penal Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, an
offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; [or]
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked; or
(4) the actor recruited, enticed, or obtained the
victim of the offense from a shelter or facility operating as a
residential treatment center that serves runaway youth, foster
children, the homeless, or persons subjected to human trafficking,
domestic violence, or sexual assault.
SECTION 14. Section 30.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person enters or
remains on or in property of another, including residential land,
agricultural land, a recreational vehicle park, a building, a
general residential operation operating as a residential treatment
center, or an aircraft or other vehicle, without effective consent
and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
SECTION 15. Section 30.05(b), Penal Code, is amended by
adding Subdivision (13) to read as follows:
(13) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
SECTION 16. Section 30.05(d), Penal Code, is amended to
read as follows:
(d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility;
(B) the offense is committed on or in property of
an institution of higher education and it is shown on the trial of
the offense that the person has previously been convicted of:
(i) an offense under this section relating
to entering or remaining on or in property of an institution of
higher education; or
(ii) an offense under Section 51.204(b)(1),
Education Code, relating to trespassing on the grounds of an
institution of higher education; [or]
(C) the person carries a deadly weapon during the
commission of the offense; or
(D) the offense is committed on the property of
or within a general residential operation operating as a
residential treatment center.
SECTION 17. Section 43.251(a)(1), Penal Code, is amended to
read as follows:
(1) "Child" means a person younger than 21 [18] years
of age.
SECTION 18. Section 71.028(a), Penal Code, is amended to
read as follows:
(a) In this section:
(1) "General residential operation" has the meaning
assigned by Section 42.002, Human Resources Code.
(2) "Institution of higher education," "playground,"
"premises," "school," "video arcade facility," and "youth center"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(3) [(2)] "Shopping mall" means an enclosed public
walkway or hall area that connects retail, service, or professional
establishments.
SECTION 19. Section 71.028(c), Penal Code, is amended to
read as follows:
(c) Except as provided by Subsection (d), the punishment
prescribed for an offense described by Subsection (b) is increased
to the punishment prescribed for the next highest category of
offense if the actor is 17 years of age or older and it is shown
beyond a reasonable doubt on the trial of the offense that the actor
committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or
leased by a school or school board;
(B) premises owned, rented, or leased by an
institution of higher education;
(C) premises of a public or private youth center;
[or]
(D) playground; or
(E) general residential operation operating as a
residential treatment center;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
SECTION 20. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
that law is continued in effect for that purpose. For the purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
SECTION 21. This Act takes effect September 1, 2021.