Texas 2021 - 87th Regular

Texas House Bill HB2300 Compare Versions

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

Old	New	Differences
1	1	87R6817 MEW/SCL-D
2	2	By: Parker H.B. No. 2300
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offense of solicitation of prostitution, civil
8	8	racketeering related to human trafficking, and common and public
9	9	nuisances related to certain criminal conduct, including
10	10	prostitution; increasing a criminal penalty; making conforming
11	11	changes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. COMMON AND PUBLIC NUISANCES RELATED TO CERTAIN CRIMINAL
14	14	CONDUCT; CIVIL RACKETEERING RELATED TO HUMAN TRAFFICKING
15	15	SECTION 1.01. Section 125.0017, Civil Practice and Remedies
16	16	Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
17	17	Legislature, Regular Session, 2017, is amended to read as follows:
18	18	Sec. 125.0017. NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If
19	19	a law enforcement agency makes an arrest related to an activity
20	20	described by Section 125.0015(a)(6), (7), or (18) that occurs at
21	21	property leased to a person operating a massage establishment as
22	22	defined by Section 455.001, Occupations Code, not later than the
23	23	seventh business day after the date of the arrest, the law
24	24	enforcement agency shall provide written notice by certified mail
25	25	to each person maintaining the property of the arrest.
26	26	SECTION 1.02. Section 125.0025(b), Civil Practice and
27	27	Remedies Code, is amended to read as follows:
28	28	(b) Except as provided by Section 125.005 [125.003(d)], on a
29	29	finding that a web address or computer network is a common nuisance,
30	30	the sole remedy available is a judicial finding issued to the
31	31	attorney general.
32	32	SECTION 1.03. Subchapter A, Chapter 125, Civil Practice and
33	33	Remedies Code, is amended by adding Section 125.005 to read as
34	34	follows:
35	35	Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER
36	36	CHAPTER. In an action brought under this chapter, the court may
37	37	award a prevailing party reasonable attorney's fees in addition to
38	38	costs incurred in bringing the action. In determining the amount of
39	39	attorney's fees, the court shall consider:
40	40	(1) the time and labor involved;
41	41	(2) the novelty and difficulty of the questions;
42	42	(3) the expertise, reputation, and ability of the
43	43	attorney; and
44	44	(4) any other factor considered relevant by the court.
45	45	SECTION 1.04. Section 125.070(d), Civil Practice and
46	46	Remedies Code, is amended to read as follows:
47	47	(d) A district, county, or city attorney or the attorney
48	48	general may sue for money damages on behalf of the state or a
49	49	governmental entity. If the state or a governmental entity
50	50	prevails in a suit under this section, the state or governmental
51	51	entity may recover:
52	52	(1) actual damages;
53	53	(2) a civil penalty in an amount not to exceed $20,000
54	54	for each violation; and
55	55	(3) court costs and attorney's fees in accordance with
56	56	Section 125.005.
57	57	SECTION 1.05. Section 140A.002, Civil Practice and Remedies
58	58	Code, is amended to read as follows:
59	59	Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise
60	60	commits racketeering if, for financial gain, the person or
61	61	enterprise commits an offense under Chapter 20A, Penal Code
62	62	(trafficking of persons)[, and the offense or an element of the
63	63	offense:
64	64	[(1) occurs in more than one county in this state; or
65	65	[(2) is facilitated by the use of United States mail,
66	66	e-mail, telephone, facsimile, or a wireless communication from one
67	67	county in this state to another].
68	68	SECTION 1.06. The following provisions of the Civil
69	69	Practice and Remedies Code are repealed:
70	70	(1) Section 125.0017, as added by Chapter 1135 (H.B.
71	71	240), Acts of the 85th Legislature, Regular Session, 2017;
72	72	(2) Section 125.003(d);
73	73	(3) Section 125.004(a-3), as added by Chapter 858
74	74	(H.B. 2552), Acts of the 85th Legislature, Regular Session, 2017;
75	75	and
76	76	(4) Section 125.068.
77	77	ARTICLE 2. SOLICITATION OF PROSTITUTION
78	78	SECTION 2.01. Chapter 43, Penal Code, is amended by adding
79	79	Section 43.021, and a heading is added to that section to read as
80	80	follows:
81	81	Sec. 43.021. SOLICITATION OF PROSTITUTION.
82	82	SECTION 2.02. Sections 43.02(b) and (c-1), Penal Code, are
83	83	transferred to Section 43.021, Penal Code, as added by this Act,
84	84	redesignated as Sections 43.021(a) and (b), Penal Code,
85	85	respectively, and amended to read as follows:
86	86	(a) [(b)] A person commits an offense if the person
87	87	knowingly offers or agrees to pay a fee to another person for the
88	88	purpose of engaging in sexual conduct with that person or another.
89	89	(b) [(c-1)] An offense under Subsection (a) [(b)] is a state
90	90	jail felony [Class A misdemeanor], except that the offense is:
91	91	(1) a [state jail] felony of the third degree if the
92	92	actor has previously been convicted of an offense under Subsection
93	93	(a) or under Section 43.02(b), as that law existed before September
94	94	1, 2021 [(b)]; or
95	95	(2) a felony of the first [second] degree if the person
96	96	with whom the actor agrees to engage in sexual conduct is:
97	97	(A) younger than 18 years of age, regardless of
98	98	whether the actor knows the age of the person at the time of the
99	99	offense;
100	100	(B) represented to the actor as being younger
101	101	than 18 years of age; or
102	102	(C) believed by the actor to be younger than 18
103	103	years of age.
104	104	SECTION 2.03. Section 43.021, Penal Code, as added by this
105	105	Act, is amended by adding Subsection (c) to read as follows:
106	106	(c) A conviction may be used for purposes of enhancement
107	107	under this section or enhancement under Subchapter D, Chapter 12,
108	108	but not under both this section and that subchapter. For purposes of
109	109	enhancement of penalties under this section or Subchapter D,
110	110	Chapter 12, a defendant is considered to have been previously
111	111	convicted of an offense under this section or under Section
112	112	43.02(b), as that law existed before September 1, 2021, if the
113	113	defendant was adjudged guilty of the offense or entered a plea of
114	114	guilty or nolo contendere in return for a grant of deferred
115	115	adjudication, regardless of whether the sentence for the offense
116	116	was ever imposed or whether the sentence was probated and the
117	117	defendant was subsequently discharged from community supervision.
118	118	ARTICLE 3. CONFORMING CHANGES
119	119	SECTION 3.01. Section 25.06(a), Alcoholic Beverage Code, as
120	120	effective September 1, 2021, is amended to read as follows:
121	121	(a) The commission shall deny an original application for a
122	122	wine and malt beverage retailer's permit if the commission finds
123	123	that the applicant, or the applicant's spouse, during the five
124	124	years immediately preceding the application, was finally convicted
125	125	of a felony or one of the following offenses:
126	126	(1) prostitution or solicitation of prostitution;
127	127	(2) a vagrancy offense involving moral turpitude;
128	128	(3) bookmaking;
129	129	(4) gambling or gaming;
130	130	(5) an offense involving controlled substances as
131	131	defined in Chapter 481, Health and Safety Code, or other dangerous
132	132	drugs;
133	133	(6) a violation of this code resulting in the
134	134	cancellation of a license or permit, or a fine of not less than
135	135	$500;
136	136	(7) more than three violations of this code relating
137	137	to minors;
138	138	(8) bootlegging; or
139	139	(9) an offense involving firearms or a deadly weapon.
140	140	SECTION 3.02. Section 69.06(a), Alcoholic Beverage Code, is
141	141	amended to read as follows:
142	142	(a) The commission shall deny an original application for a
143	143	retail dealer's on-premise license if the commission finds that the
144	144	applicant or the applicant's spouse, during the five years
145	145	immediately preceding the application, was finally convicted of a
146	146	felony or one of the following offenses:
147	147	(1) prostitution or solicitation of prostitution;
148	148	(2) a vagrancy offense involving moral turpitude;
149	149	(3) bookmaking;
150	150	(4) gambling or gaming;
151	151	(5) an offense involving controlled substances as
152	152	defined in the Texas Controlled Substances Act, including an
153	153	offense involving a synthetic cannabinoid, or an offense involving
154	154	other dangerous drugs;
155	155	(6) a violation of this code resulting in the
156	156	cancellation of a license or permit, or a fine of not less than
157	157	$500;
158	158	(7) more than three violations of this code relating
159	159	to minors;
160	160	(8) bootlegging; or
161	161	(9) an offense involving firearms or a deadly weapon.
162	162	SECTION 3.03. Section 125.0015(a), Civil Practice and
163	163	Remedies Code, is amended to read as follows:
164	164	(a) A person who maintains a place to which persons
165	165	habitually go for the following purposes and who knowingly
166	166	tolerates the activity and furthermore fails to make reasonable
167	167	attempts to abate the activity maintains a common nuisance:
168	168	(1) discharge of a firearm in a public place as
169	169	prohibited by the Penal Code;
170	170	(2) reckless discharge of a firearm as prohibited by
171	171	the Penal Code;
172	172	(3) engaging in organized criminal activity as a
173	173	member of a combination as prohibited by the Penal Code;
174	174	(4) delivery, possession, manufacture, or use of a
175	175	substance or other item in violation of Chapter 481, Health and
176	176	Safety Code;
177	177	(5) gambling, gambling promotion, or communicating
178	178	gambling information as prohibited by the Penal Code;
179	179	(6) prostitution as described by Section 43.02, Penal
180	180	Code, solicitation of prostitution as described by Section 43.021,
181	181	Penal Code, promotion of prostitution as described by Section
182	182	43.03, Penal Code, or aggravated promotion of prostitution as
183	183	described by Section 43.04, [prohibited by the] Penal Code;
184	184	(7) compelling prostitution as prohibited by the Penal
185	185	Code;
186	186	(8) commercial manufacture, commercial distribution,
187	187	or commercial exhibition of obscene material as prohibited by the
188	188	Penal Code;
189	189	(9) aggravated assault as described by Section 22.02,
190	190	Penal Code;
191	191	(10) sexual assault as described by Section 22.011,
192	192	Penal Code;
193	193	(11) aggravated sexual assault as described by Section
194	194	22.021, Penal Code;
195	195	(12) robbery as described by Section 29.02, Penal
196	196	Code;
197	197	(13) aggravated robbery as described by Section 29.03,
198	198	Penal Code;
199	199	(14) unlawfully carrying a weapon as described by
200	200	Section 46.02, Penal Code;
201	201	(15) murder as described by Section 19.02, Penal Code;
202	202	(16) capital murder as described by Section 19.03,
203	203	Penal Code;
204	204	(17) continuous sexual abuse of young child or
205	205	children as described by Section 21.02, Penal Code;
206	206	(18) massage therapy or other massage services in
207	207	violation of Chapter 455, Occupations Code;
208	208	(19) employing a minor at a sexually oriented business
209	209	as defined by Section 243.002, Local Government Code;
210	210	(20) trafficking of persons as described by Section
211	211	20A.02, Penal Code;
212	212	(21) sexual conduct or performance by a child as
213	213	described by Section 43.25, Penal Code;
214	214	(22) employment harmful to a child as described by
215	215	Section 43.251, Penal Code;
216	216	(23) criminal trespass as described by Section 30.05,
217	217	Penal Code;
218	218	(24) disorderly conduct as described by Section 42.01,
219	219	Penal Code;
220	220	(25) arson as described by Section 28.02, Penal Code;
221	221	(26) criminal mischief as described by Section 28.03,
222	222	Penal Code, that causes a pecuniary loss of $500 or more; or
223	223	(27) a graffiti offense in violation of Section 28.08,
224	224	Penal Code.
225	225	SECTION 3.04. Article 17.45, Code of Criminal Procedure, is
226	226	amended to read as follows:
227	227	Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
228	228	A magistrate may require as a condition of bond that a defendant
229	229	charged with an offense under Section 43.02 or 43.021, Penal Code,
230	230	receive counseling or education, or both, relating to acquired
231	231	immune deficiency syndrome or human immunodeficiency virus.
232	232	SECTION 3.05. Article 42A.751(a), Code of Criminal
233	233	Procedure, is amended to read as follows:
234	234	(a) At any time during the period of community supervision,
235	235	the judge may issue a warrant for a violation of any condition of
236	236	community supervision and cause a defendant convicted under Section
237	237	43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or
238	238	Sections 485.031 through 485.035, Health and Safety Code, or placed
239	239	on deferred adjudication community supervision after being charged
240	240	with one of those offenses, to be subject to:
241	241	(1) the control measures of Section 81.083, Health and
242	242	Safety Code; and
243	243	(2) the court-ordered-management provisions of
244	244	Subchapter G, Chapter 81, Health and Safety Code.
245	245	SECTION 3.06. Section 62.001(5), Code of Criminal
246	246	Procedure, is amended to read as follows:
247	247	(5) "Reportable conviction or adjudication" means a
248	248	conviction or adjudication, including an adjudication of
249	249	delinquent conduct or a deferred adjudication, that, regardless of
250	250	the pendency of an appeal, is a conviction for or an adjudication
251	251	for or based on:
252	252	(A) a violation of Section 21.02 (Continuous
253	253	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
254	254	(Indecency with a child), 22.011 (Sexual assault), 22.021
255	255	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
256	256	Penal Code;
257	257	(B) a violation of Section 43.04 (Aggravated
258	258	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
259	259	(Sexual performance by a child), or 43.26 (Possession or promotion
260	260	of child pornography), Penal Code;
261	261	(B-1) a violation of Section 43.021
262	262	(Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,
263	263	if the offense is punishable as a felony of the first degree [under
264	264	Subsection (c-1)(2) of that section];
265	265	(C) a violation of Section 20.04(a)(4)
266	266	(Aggravated kidnapping), Penal Code, if the actor committed the
267	267	offense or engaged in the conduct with intent to violate or abuse
268	268	the victim sexually;
269	269	(D) a violation of Section 30.02 (Burglary),
270	270	Penal Code, if the offense or conduct is punishable under
271	271	Subsection (d) of that section and the actor committed the offense
272	272	or engaged in the conduct with intent to commit a felony listed in
273	273	Paragraph (A) or (C);
274	274	(E) a violation of Section 20.02 (Unlawful
275	275	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
276	276	Penal Code, if, as applicable:
277	277	(i) the judgment in the case contains an
278	278	affirmative finding under Article 42.015; or
279	279	(ii) the order in the hearing or the papers
280	280	in the case contain an affirmative finding that the victim or
281	281	intended victim was younger than 17 years of age;
282	282	(F) the second violation of Section 21.08
283	283	(Indecent exposure), Penal Code, but not if the second violation
284	284	results in a deferred adjudication;
285	285	(G) an attempt, conspiracy, or solicitation, as
286	286	defined by Chapter 15, Penal Code, to commit an offense or engage in
287	287	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
288	288	(H) a violation of the laws of another state,
289	289	federal law, the laws of a foreign country, or the Uniform Code of
290	290	Military Justice for or based on the violation of an offense
291	291	containing elements that are substantially similar to the elements
292	292	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
293	293	(G), (J), (K), or (L), but not if the violation results in a
294	294	deferred adjudication;
295	295	(I) the second violation of the laws of another
296	296	state, federal law, the laws of a foreign country, or the Uniform
297	297	Code of Military Justice for or based on the violation of an offense
298	298	containing elements that are substantially similar to the elements
299	299	of the offense of indecent exposure, but not if the second violation
300	300	results in a deferred adjudication;
301	301	(J) a violation of Section 33.021 (Online
302	302	solicitation of a minor), Penal Code;
303	303	(K) a violation of Section 20A.02(a)(3), (4),
304	304	(7), or (8) (Trafficking of persons), Penal Code; or
305	305	(L) a violation of Section 20A.03 (Continuous
306	306	trafficking of persons), Penal Code, if the offense is based partly
307	307	or wholly on conduct that constitutes an offense under Section
308	308	20A.02(a)(3), (4), (7), or (8) of that code.
309	309	SECTION 3.07. Section 11.066, Education Code, is amended to
310	310	read as follows:
311	311	Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
312	312	OF CERTAIN OFFENSES. A person is ineligible to serve as a member of
313	313	the board of trustees of a school district if the person has been
314	314	convicted of a felony or an offense under Section 43.021
315	315	[43.02(b)], Penal Code.
316	316	SECTION 3.08. Section 51.03(b), Family Code, is amended to
317	317	read as follows:
318	318	(b) Conduct indicating a need for supervision is:
319	319	(1) subject to Subsection (f), conduct, other than a
320	320	traffic offense, that violates:
321	321	(A) the penal laws of this state of the grade of
322	322	misdemeanor that are punishable by fine only; or
323	323	(B) the penal ordinances of any political
324	324	subdivision of this state;
325	325	(2) the voluntary absence of a child from the child's
326	326	home without the consent of the child's parent or guardian for a
327	327	substantial length of time or without intent to return;
328	328	(3) conduct prohibited by city ordinance or by state
329	329	law involving the inhalation of the fumes or vapors of paint and
330	330	other protective coatings or glue and other adhesives and the
331	331	volatile chemicals itemized in Section 485.001, Health and Safety
332	332	Code;
333	333	(4) an act that violates a school district's
334	334	previously communicated written standards of student conduct for
335	335	which the child has been expelled under Section 37.007(c),
336	336	Education Code;
337	337	(5) notwithstanding Subsection (a)(1), conduct
338	338	described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code;
339	339	or
340	340	(6) notwithstanding Subsection (a)(1), conduct that
341	341	violates Section 43.261, Penal Code.
342	342	SECTION 3.09. Section 261.001(1), Family Code, is amended
343	343	to read as follows:
344	344	(1) "Abuse" includes the following acts or omissions
345	345	by a person:
346	346	(A) mental or emotional injury to a child that
347	347	results in an observable and material impairment in the child's
348	348	growth, development, or psychological functioning;
349	349	(B) causing or permitting the child to be in a
350	350	situation in which the child sustains a mental or emotional injury
351	351	that results in an observable and material impairment in the
352	352	child's growth, development, or psychological functioning;
353	353	(C) physical injury that results in substantial
354	354	harm to the child, or the genuine threat of substantial harm from
355	355	physical injury to the child, including an injury that is at
356	356	variance with the history or explanation given and excluding an
357	357	accident or reasonable discipline by a parent, guardian, or
358	358	managing or possessory conservator that does not expose the child
359	359	to a substantial risk of harm;
360	360	(D) failure to make a reasonable effort to
361	361	prevent an action by another person that results in physical injury
362	362	that results in substantial harm to the child;
363	363	(E) sexual conduct harmful to a child's mental,
364	364	emotional, or physical welfare, including conduct that constitutes
365	365	the offense of continuous sexual abuse of young child or children
366	366	under Section 21.02, Penal Code, indecency with a child under
367	367	Section 21.11, Penal Code, sexual assault under Section 22.011,
368	368	Penal Code, or aggravated sexual assault under Section 22.021,
369	369	Penal Code;
370	370	(F) failure to make a reasonable effort to
371	371	prevent sexual conduct harmful to a child;
372	372	(G) compelling or encouraging the child to engage
373	373	in sexual conduct as defined by Section 43.01, Penal Code,
374	374	including compelling or encouraging the child in a manner that
375	375	constitutes an offense of trafficking of persons under Section
376	376	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
377	377	Section 43.021 [43.02(b)], Penal Code, or compelling prostitution
378	378	under Section 43.05(a)(2), Penal Code;
379	379	(H) causing, permitting, encouraging, engaging
380	380	in, or allowing the photographing, filming, or depicting of the
381	381	child if the person knew or should have known that the resulting
382	382	photograph, film, or depiction of the child is obscene as defined by
383	383	Section 43.21, Penal Code, or pornographic;
384	384	(I) the current use by a person of a controlled
385	385	substance as defined by Chapter 481, Health and Safety Code, in a
386	386	manner or to the extent that the use results in physical, mental, or
387	387	emotional injury to a child;
388	388	(J) causing, expressly permitting, or
389	389	encouraging a child to use a controlled substance as defined by
390	390	Chapter 481, Health and Safety Code;
391	391	(K) causing, permitting, encouraging, engaging
392	392	in, or allowing a sexual performance by a child as defined by
393	393	Section 43.25, Penal Code;
394	394	(L) knowingly causing, permitting, encouraging,
395	395	engaging in, or allowing a child to be trafficked in a manner
396	396	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
397	397	(8), Penal Code, or the failure to make a reasonable effort to
398	398	prevent a child from being trafficked in a manner punishable as an
399	399	offense under any of those sections; or
400	400	(M) forcing or coercing a child to enter into a
401	401	marriage.
402	402	SECTION 3.10. Section 71.0353, Government Code, is amended
403	403	to read as follows:
404	404	Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a
405	405	component of the official monthly report submitted to the Office of
406	406	Court Administration of the Texas Judicial System, a district court
407	407	or county court at law shall report the number of cases filed for
408	408	the following offenses:
409	409	(1) trafficking of persons under Section 20A.02, Penal
410	410	Code;
411	411	(2) prostitution under Section 43.02, Penal Code;
412	412	(3) solicitation of prostitution under Section
413	413	43.021, Penal Code; and
414	414	(4) [(3)] compelling prostitution under Section
415	415	43.05, Penal Code.
416	416	SECTION 3.11. Section 402.035(d), Government Code, is
417	417	amended to read as follows:
418	418	(d) The task force shall:
419	419	(1) collaborate, as needed to fulfill the duties of
420	420	the task force, with:
421	421	(A) United States attorneys' offices for all of
422	422	the federal districts of Texas; and
423	423	(B) special agents or customs and border
424	424	protection officers and border patrol agents of:
425	425	(i) the Federal Bureau of Investigation;
426	426	(ii) the United States Drug Enforcement
427	427	Administration;
428	428	(iii) the Bureau of Alcohol, Tobacco,
429	429	Firearms and Explosives;
430	430	(iv) United States Immigration and Customs
431	431	Enforcement; or
432	432	(v) the United States Department of
433	433	Homeland Security;
434	434	(2) collect, organize, and periodically publish
435	435	statistical data on the nature and extent of human trafficking in
436	436	this state, including data described by Subdivisions (4)(A), (B),
437	437	(C), (D), and (E);
438	438	(3) solicit cooperation and assistance from state and
439	439	local governmental agencies, political subdivisions of the state,
440	440	nongovernmental organizations, and other persons, as appropriate,
441	441	for the purpose of collecting and organizing statistical data under
442	442	Subdivision (2);
443	443	(4) ensure that each state or local governmental
444	444	agency and political subdivision of the state and each state or
445	445	local law enforcement agency, district attorney, or county attorney
446	446	that assists in the prevention of human trafficking collects
447	447	statistical data related to human trafficking, including, as
448	448	appropriate:
449	449	(A) the number of investigations concerning,
450	450	arrests and prosecutions for, and convictions of:
451	451	(i) the offense of trafficking of persons;
452	452	(ii) the offense of forgery or an offense
453	453	under Chapter 43, Penal Code, if the offense was committed as part
454	454	of a criminal episode involving the trafficking of persons; and
455	455	(iii) an offense punishable as a felony of
456	456	the first degree under Section 43.021 [43.02(c-1)(2)], Penal Code,
457	457	regardless of whether the offense was committed as part of a
458	458	criminal episode involving the trafficking of persons;
459	459	(B) demographic information on persons who are
460	460	convicted of offenses described by Paragraph (A) and persons who
461	461	are the victims of those offenses;
462	462	(C) geographic routes by which human trafficking
463	463	victims are trafficked, including routes by which victims are
464	464	trafficked across this state's international border, and
465	465	geographic patterns in human trafficking, including the country or
466	466	state of origin and the country or state of destination;
467	467	(D) means of transportation and methods used by
468	468	persons who engage in trafficking to transport their victims; and
469	469	(E) social and economic factors that create a
470	470	demand for the labor or services that victims of human trafficking
471	471	are forced to provide;
472	472	(5) work with the Texas Commission on Law Enforcement
473	473	to develop and conduct training for law enforcement personnel,
474	474	victim service providers, and medical service providers to identify
475	475	victims of human trafficking;
476	476	(6) work with the Texas Education Agency, the
477	477	Department of Family and Protective Services, and the Health and
478	478	Human Services Commission to:
479	479	(A) develop a list of key indicators that a
480	480	person is a victim of human trafficking;
481	481	(B) develop a standardized curriculum for
482	482	training doctors, nurses, emergency medical services personnel,
483	483	teachers, school counselors, school administrators, and personnel
484	484	from the Department of Family and Protective Services and the
485	485	Health and Human Services Commission to identify and assist victims
486	486	of human trafficking;
487	487	(C) train doctors, nurses, emergency medical
488	488	services personnel, teachers, school counselors, school
489	489	administrators, and personnel from the Department of Family and
490	490	Protective Services and the Health and Human Services Commission to
491	491	identify and assist victims of human trafficking;
492	492	(D) develop and conduct training for personnel
493	493	from the Department of Family and Protective Services and the
494	494	Health and Human Services Commission on methods for identifying
495	495	children in foster care who may be at risk of becoming victims of
496	496	human trafficking; and
497	497	(E) develop a process for referring identified
498	498	human trafficking victims and individuals at risk of becoming
499	499	victims to appropriate entities for services;
500	500	(7) on the request of a judge of a county court, county
501	501	court at law, or district court or a county attorney, district
502	502	attorney, or criminal district attorney, assist and train the judge
503	503	or the judge's staff or the attorney or the attorney's staff in the
504	504	recognition and prevention of human trafficking;
505	505	(8) examine training protocols related to human
506	506	trafficking issues, as developed and implemented by federal, state,
507	507	and local law enforcement agencies;
508	508	(9) collaborate with state and local governmental
509	509	agencies, political subdivisions of the state, and nongovernmental
510	510	organizations to implement a media awareness campaign in
511	511	communities affected by human trafficking;
512	512	(10) develop recommendations on how to strengthen
513	513	state and local efforts to prevent human trafficking, protect and
514	514	assist human trafficking victims, curb markets and other economic
515	515	avenues that facilitate human trafficking and investigate and
516	516	prosecute human trafficking offenders;
517	517	(11) examine the extent to which human trafficking is
518	518	associated with the operation of sexually oriented businesses, as
519	519	defined by Section 243.002, Local Government Code, and the
520	520	workplace or public health concerns that are created by the
521	521	association of human trafficking and the operation of sexually
522	522	oriented businesses;
523	523	(12) develop recommendations for addressing the
524	524	demand for forced labor or services or sexual conduct involving
525	525	victims of human trafficking, including recommendations for
526	526	increased penalties for individuals who engage or attempt to engage
527	527	in solicitation of prostitution with victims younger than 18 years
528	528	of age; and
529	529	(13) identify and report to the governor and
530	530	legislature on laws, licensure requirements, or other regulations
531	531	that can be passed at the state and local level to curb trafficking
532	532	using the Internet and in sexually oriented businesses.
533	533	SECTION 3.12. Section 411.042(b), Government Code, is
534	534	amended to read as follows:
535	535	(b) The bureau of identification and records shall:
536	536	(1) procure and file for record photographs, pictures,
537	537	descriptions, fingerprints, measurements, and other pertinent
538	538	information of all persons arrested for or charged with a criminal
539	539	offense or convicted of a criminal offense, regardless of whether
540	540	the conviction is probated;
541	541	(2) collect information concerning the number and
542	542	nature of offenses reported or known to have been committed in the
543	543	state and the legal steps taken in connection with the offenses, and
544	544	other information useful in the study of crime and the
545	545	administration of justice, including information that enables the
546	546	bureau to create a statistical breakdown of:
547	547	(A) offenses in which family violence was
548	548	involved;
549	549	(B) offenses under Sections 22.011 and 22.021,
550	550	Penal Code; and
551	551	(C) offenses under Sections 20A.02, 43.02
552	552	[43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, and
553	553	43.05, Penal Code;
554	554	(3) make ballistic tests of bullets and firearms and
555	555	chemical analyses of bloodstains, cloth, materials, and other
556	556	substances for law enforcement officers of the state;
557	557	(4) cooperate with identification and crime records
558	558	bureaus in other states and the United States Department of
559	559	Justice;
560	560	(5) maintain a list of all previous background checks
561	561	for applicants for any position regulated under Chapter 1702,
562	562	Occupations Code, who have undergone a criminal history background
563	563	check as required by that chapter, if the check indicates a Class B
564	564	misdemeanor or equivalent offense or a greater offense;
565	565	(6) collect information concerning the number and
566	566	nature of protective orders and magistrate's orders of emergency
567	567	protection and all other pertinent information about all persons
568	568	subject to active orders, including pertinent information about
569	569	persons subject to conditions of bond imposed for the protection of
570	570	the victim in any family violence, sexual assault or abuse,
571	571	indecent assault, stalking, or trafficking case. Information in the
572	572	law enforcement information system relating to an active order
573	573	shall include:
574	574	(A) the name, sex, race, date of birth, personal
575	575	descriptors, address, and county of residence of the person to whom
576	576	the order is directed;
577	577	(B) any known identifying number of the person to
578	578	whom the order is directed, including the person's social security
579	579	number or driver's license number;
580	580	(C) the name and county of residence of the
581	581	person protected by the order;
582	582	(D) the residence address and place of employment
583	583	or business of the person protected by the order;
584	584	(E) the child-care facility or school where a
585	585	child protected by the order normally resides or which the child
586	586	normally attends;
587	587	(F) the relationship or former relationship
588	588	between the person who is protected by the order and the person to
589	589	whom the order is directed;
590	590	(G) the conditions of bond imposed on the person
591	591	to whom the order is directed, if any, for the protection of a
592	592	victim in any family violence, sexual assault or abuse, indecent
593	593	assault, stalking, or trafficking case;
594	594	(H) any minimum distance the person subject to
595	595	the order is required to maintain from the protected places or
596	596	persons; and
597	597	(I) the date the order expires;
598	598	(7) grant access to criminal history record
599	599	information in the manner authorized under Subchapter F;
600	600	(8) collect and disseminate information regarding
601	601	offenders with mental impairments in compliance with Chapter 614,
602	602	Health and Safety Code; and
603	603	(9) record data and maintain a state database for a
604	604	computerized criminal history record system and computerized
605	605	juvenile justice information system that serves:
606	606	(A) as the record creation point for criminal
607	607	history record information and juvenile justice information
608	608	maintained by the state; and
609	609	(B) as the control terminal for the entry of
610	610	records, in accordance with federal law and regulations, federal
611	611	executive orders, and federal policy, into the federal database
612	612	maintained by the Federal Bureau of Investigation.
613	613	SECTION 3.13. Section 411.1471(a), Government Code, is
614	614	amended to read as follows:
615	615	(a) This section applies to a defendant who is:
616	616	(1) arrested for a felony prohibited under any of the
617	617	following Penal Code sections:
618	618	(A) Section 19.02;
619	619	(B) Section 19.03;
620	620	(C) Section 20.03;
621	621	(D) Section 20.04;
622	622	(E) Section 20.05;
623	623	(F) Section 20.06;
624	624	(G) Section 20A.02;
625	625	(H) Section 20A.03;
626	626	(I) Section 21.02;
627	627	(J) Section 21.11;
628	628	(K) Section 22.01;
629	629	(L) Section 22.011;
630	630	(M) Section 22.02;
631	631	(N) Section 22.021;
632	632	(O) Section 25.02;
633	633	(P) Section 29.02;
634	634	(Q) Section 29.03;
635	635	(R) Section 30.02;
636	636	(S) Section 31.03;
637	637	(T) Section 43.03;
638	638	(U) Section 43.04;
639	639	(V) Section 43.05;
640	640	(W) Section 43.25; or
641	641	(X) Section 43.26; or
642	642	(2) convicted of an offense:
643	643	(A) under Title 5, Penal Code, other than an
644	644	offense described by Subdivision (1), that is punishable as a Class
645	645	A misdemeanor or any higher category of offense, except for an
646	646	offense punishable as a Class A misdemeanor under Section 22.05,
647	647	Penal Code; or
648	648	(B) under Section 21.08, 25.04, 43.021
649	649	[43.02(b)], or 43.24, Penal Code.
650	650	SECTION 3.14. Section 81.093(a), Health and Safety Code, is
651	651	amended to read as follows:
652	652	(a) A court may direct a person convicted of an offense
653	653	under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas
654	654	Controlled Substances Act), or under Sections 485.031 through
655	655	485.035 to be subject to the control measures of Section 81.083 and
656	656	to the court-ordered management provisions of Subchapter G.
657	657	SECTION 3.15. The heading to Chapter 169, Health and Safety
658	658	Code, is amended to read as follows:
659	659	CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
660	660	PREVENTION PROGRAM
661	661	SECTION 3.16. Section 169.001, Health and Safety Code, is
662	662	amended to read as follows:
663	663	Sec. 169.001. FIRST OFFENDER SOLICITATION OF PROSTITUTION
664	664	PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In
665	665	this chapter, "first offender solicitation of prostitution
666	666	prevention program" means a program that has the following
667	667	essential characteristics:
668	668	(1) the integration of services in the processing of
669	669	cases in the judicial system;
670	670	(2) the use of a nonadversarial approach involving
671	671	prosecutors and defense attorneys to promote public safety, to
672	672	reduce the demand for the commercial sex trade and trafficking of
673	673	persons by educating offenders, and to protect the due process
674	674	rights of program participants;
675	675	(3) early identification and prompt placement of
676	676	eligible participants in the program;
677	677	(4) access to information, counseling, and services
678	678	relating to sex addiction, sexually transmitted diseases, mental
679	679	health, and substance abuse;
680	680	(5) a coordinated strategy to govern program responses
681	681	to participant compliance;
682	682	(6) monitoring and evaluation of program goals and
683	683	effectiveness;
684	684	(7) continuing interdisciplinary education to promote
685	685	effective program planning, implementation, and operations; and
686	686	(8) development of partnerships with public agencies
687	687	and community organizations.
688	688	(b) If a defendant successfully completes a first offender
689	689	solicitation of prostitution prevention program, regardless of
690	690	whether the defendant was convicted of the offense for which the
691	691	defendant entered the program or whether the court deferred further
692	692	proceedings without entering an adjudication of guilt, after notice
693	693	to the state and a hearing on whether the defendant is otherwise
694	694	entitled to the petition, including whether the required time
695	695	period has elapsed, and whether issuance of the order is in the best
696	696	interest of justice, the court shall enter an order of
697	697	nondisclosure of criminal history record information under
698	698	Subchapter E-1, Chapter 411, Government Code, as if the defendant
699	699	had received a discharge and dismissal under Article 42A.111, Code
700	700	of Criminal Procedure, with respect to all records and files
701	701	related to the defendant's arrest for the offense for which the
702	702	defendant entered the program if the defendant:
703	703	(1) has not been previously convicted of a felony
704	704	offense; and
705	705	(2) is not convicted of any other felony offense
706	706	before the second anniversary of the defendant's successful
707	707	completion of the program.
708	708	SECTION 3.17. Sections 169.002(a), (b), (d), (e), and (f),
709	709	Health and Safety Code, are amended to read as follows:
710	710	(a) The commissioners court of a county or governing body of
711	711	a municipality may establish a first offender solicitation of
712	712	prostitution prevention program for defendants charged with an
713	713	offense under Section 43.021 [43.02(b)], Penal Code.
714	714	(b) A defendant is eligible to participate in a first
715	715	offender solicitation of prostitution prevention program
716	716	established under this chapter only if:
717	717	(1) the attorney representing the state consents to
718	718	the defendant's participation in the program; and
719	719	(2) the court in which the criminal case is pending
720	720	finds that the defendant has not been previously convicted of:
721	721	(A) an offense under Section 20A.02, 43.02(b), as
722	722	that law existed before September 1, 2021 [43.02], 43.021, 43.03,
723	723	43.031, 43.04, 43.041, or 43.05, Penal Code;
724	724	(B) an offense listed in Article 42A.054(a), Code
725	725	of Criminal Procedure; or
726	726	(C) an offense punishable as a felony under
727	727	Chapter 481.
728	728	(d) A defendant is not eligible to participate in the first
729	729	offender solicitation of prostitution prevention program if the
730	730	defendant offered or agreed to hire a person to engage in sexual
731	731	conduct and the person was younger than 18 years of age at the time
732	732	of the offense.
733	733	(e) The court in which the criminal case is pending shall
734	734	allow an eligible defendant to choose whether to participate in the
735	735	first offender solicitation of prostitution prevention program or
736	736	otherwise proceed through the criminal justice system.
737	737	(f) If a defendant who chooses to participate in the first
738	738	offender solicitation of prostitution prevention program fails to
739	739	attend any portion of the program, the court in which the
740	740	defendant's criminal case is pending shall issue a warrant for the
741	741	defendant's arrest and proceed on the criminal case as if the
742	742	defendant had chosen not to participate in the program.
743	743	SECTION 3.18. Section 169.003(a), Health and Safety Code,
744	744	is amended to read as follows:
745	745	(a) A first offender solicitation of prostitution
746	746	prevention program established under this chapter must:
747	747	(1) ensure that a person eligible for the program is
748	748	provided legal counsel before volunteering to proceed through the
749	749	program and while participating in the program;
750	750	(2) allow any participant to withdraw from the program
751	751	at any time before a trial on the merits has been initiated;
752	752	(3) provide each participant with information,
753	753	counseling, and services relating to sex addiction, sexually
754	754	transmitted diseases, mental health, and substance abuse; and
755	755	(4) provide each participant with classroom
756	756	instruction related to the prevention of the solicitation of
757	757	prostitution.
758	758	SECTION 3.19. Sections 169.004, 169.005, and 169.006,
759	759	Health and Safety Code, are amended to read as follows:
760	760	Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
761	761	the speaker of the house of representatives may assign to
762	762	appropriate legislative committees duties relating to the
763	763	oversight of first offender solicitation of prostitution
764	764	prevention programs established under this chapter.
765	765	(b) A legislative committee or the governor may request the
766	766	state auditor to perform a management, operations, or financial or
767	767	accounting audit of a first offender solicitation of prostitution
768	768	prevention program established under this chapter.
769	769	(c) A first offender solicitation of prostitution
770	770	prevention program established under this chapter shall:
771	771	(1) notify the criminal justice division of the
772	772	governor's office before or on implementation of the program; and
773	773	(2) provide information regarding the performance of
774	774	the program to the division on request.
775	775	Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
776	776	solicitation of prostitution prevention program established under
777	777	this chapter may collect from a participant in the program a
778	778	nonrefundable reimbursement fee for the program in a reasonable
779	779	amount not to exceed $1,000, from which the following must be paid:
780	780	(1) a counseling and services reimbursement fee in an
781	781	amount necessary to cover the costs of the counseling and services
782	782	provided by the program; and
783	783	(2) a law enforcement training reimbursement fee, in
784	784	an amount equal to five percent of the total amount paid under
785	785	Subdivision (1), to be deposited to the credit of the treasury of
786	786	the county or municipality that established the program to cover
787	787	costs associated with the provision of training to law enforcement
788	788	personnel on domestic violence, prostitution, and the trafficking
789	789	of persons.
790	790	(b) Reimbursement fees collected under this section may be
791	791	paid on a periodic basis or on a deferred payment schedule at the
792	792	discretion of the judge, magistrate, or program director
793	793	administering the first offender solicitation of prostitution
794	794	prevention program. The fees must be based on the participant's
795	795	ability to pay.
796	796	Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
797	797	REQUIREMENT. (a) To encourage participation in a first offender
798	798	solicitation of prostitution prevention program established under
799	799	this chapter, the judge or magistrate administering the program may
800	800	suspend any requirement that, as a condition of community
801	801	supervision, a participant in the program work a specified number
802	802	of hours at a community service project.
803	803	(b) On a participant's successful completion of a first
804	804	offender solicitation of prostitution prevention program, a judge
805	805	or magistrate may excuse the participant from any condition of
806	806	community supervision previously suspended under Subsection (a).
807	807	SECTION 3.20. Section 455.202(d)(2), Occupations Code, is
808	808	amended to read as follows:
809	809	(2) "Sexual contact" includes:
810	810	(A) any touching of any part of the genitalia or
811	811	anus;
812	812	(B) any touching of the breasts of a female
813	813	without the written consent of the female;
814	814	(C) any offer or agreement to engage in any
815	815	activity described in Paragraph (A) or (B);
816	816	(D) kissing without the consent of both persons;
817	817	(E) deviate sexual intercourse, sexual contact,
818	818	sexual intercourse, indecent exposure, sexual assault,
819	819	prostitution, solicitation of prostitution, and promotion
820	820	[promotions] of prostitution as described in Chapters 21, 22, and
821	821	43, Penal Code, or any offer or agreement to engage in such
822	822	activities;
823	823	(F) any behavior, gesture, or expression that may
824	824	reasonably be interpreted as inappropriately seductive or sexual;
825	825	or
826	826	(G) inappropriate sexual comments about or to a
827	827	client, including sexual comments about a person's body.
828	828	SECTION 3.21. Section 15.031(b), Penal Code, is amended to
829	829	read as follows:
830	830	(b) A person commits an offense if, with intent that an
831	831	offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
832	832	22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the
833	833	person by any means requests, commands, or attempts to induce a
834	834	minor or another whom the person believes to be a minor to engage in
835	835	specific conduct that, under the circumstances surrounding the
836	836	actor's conduct as the actor believes them to be, would constitute
837	837	an offense under one of those sections or would make the minor or
838	838	other believed by the person to be a minor a party to the commission
839	839	of an offense under one of those sections.
840	840	SECTION 3.22. Section 20A.02(a), Penal Code, is amended to
841	841	read as follows:
842	842	(a) A person commits an offense if the person knowingly:
843	843	(1) traffics another person with the intent that the
844	844	trafficked person engage in forced labor or services;
845	845	(2) receives a benefit from participating in a venture
846	846	that involves an activity described by Subdivision (1), including
847	847	by receiving labor or services the person knows are forced labor or
848	848	services;
849	849	(3) traffics another person and, through force, fraud,
850	850	or coercion, causes the trafficked person to engage in conduct
851	851	prohibited by:
852	852	(A) Section 43.02 (Prostitution);
853	853	(B) Section 43.03 (Promotion of Prostitution);
854	854	(B-1) Section 43.031 (Online Promotion of
855	855	Prostitution);
856	856	(C) Section 43.04 (Aggravated Promotion of
857	857	Prostitution);
858	858	(C-1) Section 43.041 (Aggravated Online
859	859	Promotion of Prostitution); or
860	860	(D) Section 43.05 (Compelling Prostitution);
861	861	(4) receives a benefit from participating in a venture
862	862	that involves an activity described by Subdivision (3) or engages
863	863	in sexual conduct with a person trafficked in the manner described
864	864	in Subdivision (3);
865	865	(5) traffics a child with the intent that the
866	866	trafficked child engage in forced labor or services;
867	867	(6) receives a benefit from participating in a venture
868	868	that involves an activity described by Subdivision (5), including
869	869	by receiving labor or services the person knows are forced labor or
870	870	services;
871	871	(7) traffics a child and by any means causes the
872	872	trafficked child to engage in, or become the victim of, conduct
873	873	prohibited by:
874	874	(A) Section 21.02 (Continuous Sexual Abuse of
875	875	Young Child or Children);
876	876	(B) Section 21.11 (Indecency with a Child);
877	877	(C) Section 22.011 (Sexual Assault);
878	878	(D) Section 22.021 (Aggravated Sexual Assault);
879	879	(E) Section 43.02 (Prostitution);
880	880	(E-1) Section 43.021 (Solicitation of
881	881	Prostitution);
882	882	(F) Section 43.03 (Promotion of Prostitution);
883	883	(F-1) Section 43.031 (Online Promotion of
884	884	Prostitution);
885	885	(G) Section 43.04 (Aggravated Promotion of
886	886	Prostitution);
887	887	(G-1) Section 43.041 (Aggravated Online
888	888	Promotion of Prostitution);
889	889	(H) Section 43.05 (Compelling Prostitution);
890	890	(I) Section 43.25 (Sexual Performance by a
891	891	Child);
892	892	(J) Section 43.251 (Employment Harmful to
893	893	Children); or
894	894	(K) Section 43.26 (Possession or Promotion of
895	895	Child Pornography); or
896	896	(8) receives a benefit from participating in a venture
897	897	that involves an activity described by Subdivision (7) or engages
898	898	in sexual conduct with a child trafficked in the manner described in
899	899	Subdivision (7).
900	900	SECTION 3.23. Section 25.08(c), Penal Code, is amended to
901	901	read as follows:
902	902	(c) An offense under this section is a felony of the third
903	903	degree, except that the offense is a felony of the second degree if
904	904	the actor commits the offense with intent to commit an offense under
905	905	Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
906	906	SECTION 3.24. Section 25.081(c), Penal Code, is amended to
907	907	read as follows:
908	908	(c) An offense under this section is a felony of the third
909	909	degree, except that the offense is a felony of the second degree if
910	910	the actor commits the offense with intent to commit an offense under
911	911	Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
912	912	SECTION 3.25. Section 43.01, Penal Code, is amended by
913	913	adding Subdivision (6) to read as follows:
914	914	(6) "Solicitation of prostitution" means the offense
915	915	defined in Section 43.021.
916	916	SECTION 3.26. Section 43.031(a), Penal Code, is amended to
917	917	read as follows:
918	918	(a) A person commits an offense if the person owns, manages,
919	919	or operates an interactive computer service or information content
920	920	provider, or operates as an information content provider, with the
921	921	intent to promote the prostitution of another person or facilitate
922	922	another person to engage in prostitution or solicitation of
923	923	prostitution.
924	924	SECTION 3.27. Section 43.041(a), Penal Code, is amended to
925	925	read as follows:
926	926	(a) A person commits an offense if the person owns, manages,
927	927	or operates an interactive computer service or information content
928	928	provider, or operates as an information content provider, with the
929	929	intent to promote the prostitution of five or more persons or
930	930	facilitate five or more persons to engage in prostitution or
931	931	solicitation of prostitution.
932	932	SECTION 3.28. Section 93.013(a), Property Code, is amended
933	933	to read as follows:
934	934	(a) Notwithstanding a provision in a lease to the contrary,
935	935	a tenant's right of possession terminates and the landlord has a
936	936	right to recover possession of the leased premises if the tenant is
937	937	using the premises or allowing the premises to be used for the
938	938	purposes of prostitution as described by Section 43.02, Penal Code,
939	939	solicitation of prostitution as described by Section 43.021, Penal
940	940	Code, promotion of prostitution as described by Section 43.03,
941	941	Penal Code, aggravated promotion of prostitution as described by
942	942	Section 43.04, Penal Code, [or] compelling prostitution[,] as
943	943	described [prohibited] by Section 43.05, [the] Penal Code, or
944	944	trafficking of persons as described by Section 20A.02, Penal Code.
945	945	ARTICLE 4. TRANSITION; EFFECTIVE DATE
946	946	SECTION 4.01. The changes in law made by Article 1 of this
947	947	Act apply only to a cause of action that accrues on or after the
948	948	effective date of this Act. A cause of action that accrues before
949	949	the effective date of this Act is governed by the law in effect
950	950	immediately before the effective date of this Act, and that law is
951	951	continued in effect for that purpose.
952	952	SECTION 4.02. The changes in law made by Articles 2 and 3 of
953	953	this Act apply only to an offense committed on or after the
954	954	effective date of this Act. An offense committed before the
955	955	effective date of this Act is governed by the law in effect on the
956	956	date the offense was committed, and the former law is continued in
957	957	effect for that purpose. For purposes of this section, an offense
958	958	was committed before the effective date of this Act if any element
959	959	of the offense occurred before that date.
960	960	SECTION 4.03. This Act takes effect September 1, 2021.