Texas 2021 - 87th Regular

Texas House Bill HB2795 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R4677 MEW-D
2		-	By: Thompson of Harris~~, Collier~~ H.B. No. 2795
	2	+	By: Thompson of Harris H.B. No. 2795
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 and certain
8	8		other consequences of that offense; increasing a criminal penalty;
9	9		making conforming changes.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Chapter 43, Penal Code, is amended by adding
12	12		Section 43.021, and a heading is added to that section to read as
13	13		follows:
14	14		Sec. 43.021. SOLICITATION OF PROSTITUTION.
15	15		SECTION 2. Sections 43.02(b) and (c-1), Penal Code, are
16	16		transferred to Section 43.021, Penal Code, as added by this Act,
17	17		redesignated as Sections 43.021(a) and (b), Penal Code,
18	18		respectively, and amended to read as follows:
19	19		(a) [(b)] A person commits an offense if the person
20	20		knowingly offers or agrees to pay a fee to another person for the
21	21		purpose of engaging in sexual conduct with that person or another.
22	22		(b) [(c-1)] An offense under Subsection (a) [(b)] is a state
23	23		jail felony [Class A misdemeanor], except that the offense is:
24	24		(1) a [state jail] felony of the third degree if the
25	25		actor has previously been convicted of an offense under Subsection
26	26		(a) or under Section 43.02(b), as that law existed before September
27	27		1, 2021 [(b)]; or
28	28		(2) a felony of the second degree if the person with
29	29		whom the actor agrees to engage in sexual conduct is:
30	30		(A) younger than 18 years of age, regardless of
31	31		whether the actor knows the age of the person at the time of the
32	32		offense;
33	33		(B) represented to the actor as being younger
34	34		than 18 years of age; or
35	35		(C) believed by the actor to be younger than 18
36	36		years of age.
37	37		SECTION 3. Section 43.021, Penal Code, as added by this Act,
38	38		is amended by adding Subsection (c) to read as follows:
39	39		(c) A conviction may be used for purposes of enhancement
40	40		under this section or enhancement under Subchapter D, Chapter 12,
41	41		but not under both this section and that subchapter. For purposes of
42	42		enhancement of penalties under this section or Subchapter D,
43	43		Chapter 12, a defendant is considered to have been previously
44	44		convicted of an offense under this section or under Section
45	45		43.02(b), as that law existed before September 1, 2021, if the
46	46		defendant was adjudged guilty of the offense or entered a plea of
47	47		guilty or nolo contendere in return for a grant of deferred
48	48		adjudication, regardless of whether the sentence for the offense
49	49		was ever imposed or whether the sentence was probated and the
50	50		defendant was subsequently discharged from community supervision.
51	51		SECTION 4. Section 25.06(a), Alcoholic Beverage Code, as
52	52		effective September 1, 2021, is amended to read as follows:
53	53		(a) The commission shall deny an original application for a
54	54		wine and malt beverage retailer's permit if the commission finds
55	55		that the applicant, or the applicant's spouse, during the five
56	56		years immediately preceding the application, was finally convicted
57	57		of a felony or one of the following offenses:
58	58		(1) prostitution or solicitation of prostitution;
59	59		(2) a vagrancy offense involving moral turpitude;
60	60		(3) bookmaking;
61	61		(4) gambling or gaming;
62	62		(5) an offense involving controlled substances as
63	63		defined in Chapter 481, Health and Safety Code, or other dangerous
64	64		drugs;
65	65		(6) a violation of this code resulting in the
66	66		cancellation of a license or permit, or a fine of not less than
67	67		$500;
68	68		(7) more than three violations of this code relating
69	69		to minors;
70	70		(8) bootlegging; or
71	71		(9) an offense involving firearms or a deadly weapon.
72	72		SECTION 5. Section 69.06(a), Alcoholic Beverage Code, is
73	73		amended to read as follows:
74	74		(a) The commission shall deny an original application for a
75	75		retail dealer's on-premise license if the commission finds that the
76	76		applicant or the applicant's spouse, during the five years
77	77		immediately preceding the application, was finally convicted of a
78	78		felony or one of the following offenses:
79	79		(1) prostitution or solicitation of prostitution;
80	80		(2) a vagrancy offense involving moral turpitude;
81	81		(3) bookmaking;
82	82		(4) gambling or gaming;
83	83		(5) an offense involving controlled substances as
84	84		defined in the Texas Controlled Substances Act, including an
85	85		offense involving a synthetic cannabinoid, or an offense involving
86	86		other dangerous drugs;
87	87		(6) a violation of this code resulting in the
88	88		cancellation of a license or permit, or a fine of not less than
89	89		$500;
90	90		(7) more than three violations of this code relating
91	91		to minors;
92	92		(8) bootlegging; or
93	93		(9) an offense involving firearms or a deadly weapon.
94	94		SECTION 6. Section 125.0015(a), Civil Practice and Remedies
95	95		Code, is amended to read as follows:
96	96		(a) A person who maintains a place to which persons
97	97		habitually go for the following purposes and who knowingly
98	98		tolerates the activity and furthermore fails to make reasonable
99	99		attempts to abate the activity maintains a common nuisance:
100	100		(1) discharge of a firearm in a public place as
101	101		prohibited by the Penal Code;
102	102		(2) reckless discharge of a firearm as prohibited by
103	103		the Penal Code;
104	104		(3) engaging in organized criminal activity as a
105	105		member of a combination as prohibited by the Penal Code;
106	106		(4) delivery, possession, manufacture, or use of a
107	107		substance or other item in violation of Chapter 481, Health and
108	108		Safety Code;
109	109		(5) gambling, gambling promotion, or communicating
110	110		gambling information as prohibited by the Penal Code;
111	111		(6) prostitution as described by Section 43.02, Penal
112	112		Code, solicitation of prostitution as described by Section 43.021,
113	113		Penal Code, promotion of prostitution as described by Section
114	114		43.03, Penal Code, or aggravated promotion of prostitution as
115	115		described by Section 43.04, [prohibited by the] Penal Code;
116	116		(7) compelling prostitution as prohibited by the Penal
117	117		Code;
118	118		(8) commercial manufacture, commercial distribution,
119	119		or commercial exhibition of obscene material as prohibited by the
120	120		Penal Code;
121	121		(9) aggravated assault as described by Section 22.02,
122	122		Penal Code;
123	123		(10) sexual assault as described by Section 22.011,
124	124		Penal Code;
125	125		(11) aggravated sexual assault as described by Section
126	126		22.021, Penal Code;
127	127		(12) robbery as described by Section 29.02, Penal
128	128		Code;
129	129		(13) aggravated robbery as described by Section 29.03,
130	130		Penal Code;
131	131		(14) unlawfully carrying a weapon as described by
132	132		Section 46.02, Penal Code;
133	133		(15) murder as described by Section 19.02, Penal Code;
134	134		(16) capital murder as described by Section 19.03,
135	135		Penal Code;
136	136		(17) continuous sexual abuse of young child or
137	137		children as described by Section 21.02, Penal Code;
138	138		(18) massage therapy or other massage services in
139	139		violation of Chapter 455, Occupations Code;
140	140		(19) employing a minor at a sexually oriented business
141	141		as defined by Section 243.002, Local Government Code;
142	142		(20) trafficking of persons as described by Section
143	143		20A.02, Penal Code;
144	144		(21) sexual conduct or performance by a child as
145	145		described by Section 43.25, Penal Code;
146	146		(22) employment harmful to a child as described by
147	147		Section 43.251, Penal Code;
148	148		(23) criminal trespass as described by Section 30.05,
149	149		Penal Code;
150	150		(24) disorderly conduct as described by Section 42.01,
151	151		Penal Code;
152	152		(25) arson as described by Section 28.02, Penal Code;
153	153		(26) criminal mischief as described by Section 28.03,
154	154		Penal Code, that causes a pecuniary loss of $500 or more; or
155	155		(27) a graffiti offense in violation of Section 28.08,
156	156		Penal Code.
157	157		SECTION 7. Article 17.45, Code of Criminal Procedure, is
158	158		amended to read as follows:
159	159		Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
160	160		A magistrate may require as a condition of bond that a defendant
161	161		charged with an offense under Section 43.02 or 43.021, Penal Code,
162	162		receive counseling or education, or both, relating to acquired
163	163		immune deficiency syndrome or human immunodeficiency virus.
164	164		SECTION 8. Article 42A.751(a), Code of Criminal Procedure,
165	165		is amended to read as follows:
166	166		(a) At any time during the period of community supervision,
167	167		the judge may issue a warrant for a violation of any condition of
168	168		community supervision and cause a defendant convicted under Section
169	169		43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or
170	170		Sections 485.031 through 485.035, Health and Safety Code, or placed
171	171		on deferred adjudication community supervision after being charged
172	172		with one of those offenses, to be subject to:
173	173		(1) the control measures of Section 81.083, Health and
174	174		Safety Code; and
175	175		(2) the court-ordered-management provisions of
176	176		Subchapter G, Chapter 81, Health and Safety Code.
177	177		SECTION 9. Section 62.001(5), Code of Criminal Procedure,
178	178		is amended to read as follows:
179	179		(5) "Reportable conviction or adjudication" means a
180	180		conviction or adjudication, including an adjudication of
181	181		delinquent conduct or a deferred adjudication, that, regardless of
182	182		the pendency of an appeal, is a conviction for or an adjudication
183	183		for or based on:
184	184		(A) a violation of Section 21.02 (Continuous
185	185		sexual abuse of young child or children), 21.09 (Bestiality), 21.11
186	186		(Indecency with a child), 22.011 (Sexual assault), 22.021
187	187		(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
188	188		Penal Code;
189	189		(B) a violation of Section 43.04 (Aggravated
190	190		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
191	191		(Sexual performance by a child), or 43.26 (Possession or promotion
192	192		of child pornography), Penal Code;
193	193		(B-1) a violation of Section 43.021
194	194		(Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,
195	195		if the offense is punishable as a felony of the second degree [under
196	196		Subsection (c-1)(2) of that section];
197	197		(C) a violation of Section 20.04(a)(4)
198	198		(Aggravated kidnapping), Penal Code, if the actor committed the
199	199		offense or engaged in the conduct with intent to violate or abuse
200	200		the victim sexually;
201	201		(D) a violation of Section 30.02 (Burglary),
202	202		Penal Code, if the offense or conduct is punishable under
203	203		Subsection (d) of that section and the actor committed the offense
204	204		or engaged in the conduct with intent to commit a felony listed in
205	205		Paragraph (A) or (C);
206	206		(E) a violation of Section 20.02 (Unlawful
207	207		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
208	208		Penal Code, if, as applicable:
209	209		(i) the judgment in the case contains an
210	210		affirmative finding under Article 42.015; or
211	211		(ii) the order in the hearing or the papers
212	212		in the case contain an affirmative finding that the victim or
213	213		intended victim was younger than 17 years of age;
214	214		(F) the second violation of Section 21.08
215	215		(Indecent exposure), Penal Code, but not if the second violation
216	216		results in a deferred adjudication;
217	217		(G) an attempt, conspiracy, or solicitation, as
218	218		defined by Chapter 15, Penal Code, to commit an offense or engage in
219	219		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
220	220		(H) a violation of the laws of another state,
221	221		federal law, the laws of a foreign country, or the Uniform Code of
222	222		Military Justice for or based on the violation of an offense
223	223		containing elements that are substantially similar to the elements
224	224		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
225	225		(G), (J), (K), or (L), but not if the violation results in a
226	226		deferred adjudication;
227	227		(I) the second violation of the laws of another
228	228		state, federal law, the laws of a foreign country, or the Uniform
229	229		Code of Military Justice for or based on the violation of an offense
230	230		containing elements that are substantially similar to the elements
231	231		of the offense of indecent exposure, but not if the second violation
232	232		results in a deferred adjudication;
233	233		(J) a violation of Section 33.021 (Online
234	234		solicitation of a minor), Penal Code;
235	235		(K) a violation of Section 20A.02(a)(3), (4),
236	236		(7), or (8) (Trafficking of persons), Penal Code; or
237	237		(L) a violation of Section 20A.03 (Continuous
238	238		trafficking of persons), Penal Code, if the offense is based partly
239	239		or wholly on conduct that constitutes an offense under Section
240	240		20A.02(a)(3), (4), (7), or (8) of that code.
241	241		SECTION 10. Section 11.066, Education Code, is amended to
242	242		read as follows:
243	243		Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
244	244		OF CERTAIN OFFENSES. A person is ineligible to serve as a member of
245	245		the board of trustees of a school district if the person has been
246	246		convicted of a felony or an offense under Section 43.021
247	247		[43.02(b)], Penal Code.
248	248		SECTION 11. Section 51.03(b), Family Code, is amended to
249	249		read as follows:
250	250		(b) Conduct indicating a need for supervision is:
251	251		(1) subject to Subsection (f), conduct, other than a
252	252		traffic offense, that violates:
253	253		(A) the penal laws of this state of the grade of
254	254		misdemeanor that are punishable by fine only; or
255	255		(B) the penal ordinances of any political
256	256		subdivision of this state;
257	257		(2) the voluntary absence of a child from the child's
258	258		home without the consent of the child's parent or guardian for a
259	259		substantial length of time or without intent to return;
260	260		(3) conduct prohibited by city ordinance or by state
261	261		law involving the inhalation of the fumes or vapors of paint and
262	262		other protective coatings or glue and other adhesives and the
263	263		volatile chemicals itemized in Section 485.001, Health and Safety
264	264		Code;
265	265		(4) an act that violates a school district's
266	266		previously communicated written standards of student conduct for
267	267		which the child has been expelled under Section 37.007(c),
268	268		Education Code;
269	269		(5) notwithstanding Subsection (a)(1), conduct
270	270		described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code;
271	271		or
272	272		(6) notwithstanding Subsection (a)(1), conduct that
273	273		violates Section 43.261, Penal Code.
274	274		SECTION 12. Section 261.001(1), Family Code, is amended to
275	275		read as follows:
276	276		(1) "Abuse" includes the following acts or omissions
277	277		by a person:
278	278		(A) mental or emotional injury to a child that
279	279		results in an observable and material impairment in the child's
280	280		growth, development, or psychological functioning;
281	281		(B) causing or permitting the child to be in a
282	282		situation in which the child sustains a mental or emotional injury
283	283		that results in an observable and material impairment in the
284	284		child's growth, development, or psychological functioning;
285	285		(C) physical injury that results in substantial
286	286		harm to the child, or the genuine threat of substantial harm from
287	287		physical injury to the child, including an injury that is at
288	288		variance with the history or explanation given and excluding an
289	289		accident or reasonable discipline by a parent, guardian, or
290	290		managing or possessory conservator that does not expose the child
291	291		to a substantial risk of harm;
292	292		(D) failure to make a reasonable effort to
293	293		prevent an action by another person that results in physical injury
294	294		that results in substantial harm to the child;
295	295		(E) sexual conduct harmful to a child's mental,
296	296		emotional, or physical welfare, including conduct that constitutes
297	297		the offense of continuous sexual abuse of young child or children
298	298		under Section 21.02, Penal Code, indecency with a child under
299	299		Section 21.11, Penal Code, sexual assault under Section 22.011,
300	300		Penal Code, or aggravated sexual assault under Section 22.021,
301	301		Penal Code;
302	302		(F) failure to make a reasonable effort to
303	303		prevent sexual conduct harmful to a child;
304	304		(G) compelling or encouraging the child to engage
305	305		in sexual conduct as defined by Section 43.01, Penal Code,
306	306		including compelling or encouraging the child in a manner that
307	307		constitutes an offense of trafficking of persons under Section
308	308		20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
309	309		Section 43.021 [43.02(b)], Penal Code, or compelling prostitution
310	310		under Section 43.05(a)(2), Penal Code;
311	311		(H) causing, permitting, encouraging, engaging
312	312		in, or allowing the photographing, filming, or depicting of the
313	313		child if the person knew or should have known that the resulting
314	314		photograph, film, or depiction of the child is obscene as defined by
315	315		Section 43.21, Penal Code, or pornographic;
316	316		(I) the current use by a person of a controlled
317	317		substance as defined by Chapter 481, Health and Safety Code, in a
318	318		manner or to the extent that the use results in physical, mental, or
319	319		emotional injury to a child;
320	320		(J) causing, expressly permitting, or
321	321		encouraging a child to use a controlled substance as defined by
322	322		Chapter 481, Health and Safety Code;
323	323		(K) causing, permitting, encouraging, engaging
324	324		in, or allowing a sexual performance by a child as defined by
325	325		Section 43.25, Penal Code;
326	326		(L) knowingly causing, permitting, encouraging,
327	327		engaging in, or allowing a child to be trafficked in a manner
328	328		punishable as an offense under Section 20A.02(a)(5), (6), (7), or
329	329		(8), Penal Code, or the failure to make a reasonable effort to
330	330		prevent a child from being trafficked in a manner punishable as an
331	331		offense under any of those sections; or
332	332		(M) forcing or coercing a child to enter into a
333	333		marriage.
334	334		SECTION 13. Section 71.0353, Government Code, is amended to
335	335		read as follows:
336	336		Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a
337	337		component of the official monthly report submitted to the Office of
338	338		Court Administration of the Texas Judicial System, a district court
339	339		or county court at law shall report the number of cases filed for
340	340		the following offenses:
341	341		(1) trafficking of persons under Section 20A.02, Penal
342	342		Code;
343	343		(2) prostitution under Section 43.02, Penal Code;
344	344		(3) solicitation of prostitution under Section
345	345		43.021, Penal Code; and
346	346		(4) [(3)] compelling prostitution under Section
347	347		43.05, Penal Code.
348	348		SECTION 14. Section 402.035(d), Government Code, is amended
349	349		to read as follows:
350	350		(d) The task force shall:
351	351		(1) collaborate, as needed to fulfill the duties of
352	352		the task force, with:
353	353		(A) United States attorneys' offices for all of
354	354		the federal districts of Texas; and
355	355		(B) special agents or customs and border
356	356		protection officers and border patrol agents of:
357	357		(i) the Federal Bureau of Investigation;
358	358		(ii) the United States Drug Enforcement
359	359		Administration;
360	360		(iii) the Bureau of Alcohol, Tobacco,
361	361		Firearms and Explosives;
362	362		(iv) United States Immigration and Customs
363	363		Enforcement; or
364	364		(v) the United States Department of
365	365		Homeland Security;
366	366		(2) collect, organize, and periodically publish
367	367		statistical data on the nature and extent of human trafficking in
368	368		this state, including data described by Subdivisions (4)(A), (B),
369	369		(C), (D), and (E);
370	370		(3) solicit cooperation and assistance from state and
371	371		local governmental agencies, political subdivisions of the state,
372	372		nongovernmental organizations, and other persons, as appropriate,
373	373		for the purpose of collecting and organizing statistical data under
374	374		Subdivision (2);
375	375		(4) ensure that each state or local governmental
376	376		agency and political subdivision of the state and each state or
377	377		local law enforcement agency, district attorney, or county attorney
378	378		that assists in the prevention of human trafficking collects
379	379		statistical data related to human trafficking, including, as
380	380		appropriate:
381	381		(A) the number of investigations concerning,
382	382		arrests and prosecutions for, and convictions of:
383	383		(i) the offense of trafficking of persons;
384	384		(ii) the offense of forgery or an offense
385	385		under Chapter 43, Penal Code, if the offense was committed as part
386	386		of a criminal episode involving the trafficking of persons; and
387	387		(iii) an offense punishable as a felony of
388	388		the second degree under Section 43.021 [43.02(c-1)(2)], Penal Code,
389	389		regardless of whether the offense was committed as part of a
390	390		criminal episode involving the trafficking of persons;
391	391		(B) demographic information on persons who are
392	392		convicted of offenses described by Paragraph (A) and persons who
393	393		are the victims of those offenses;
394	394		(C) geographic routes by which human trafficking
395	395		victims are trafficked, including routes by which victims are
396	396		trafficked across this state's international border, and
397	397		geographic patterns in human trafficking, including the country or
398	398		state of origin and the country or state of destination;
399	399		(D) means of transportation and methods used by
400	400		persons who engage in trafficking to transport their victims; and
401	401		(E) social and economic factors that create a
402	402		demand for the labor or services that victims of human trafficking
403	403		are forced to provide;
404	404		(5) work with the Texas Commission on Law Enforcement
405	405		to develop and conduct training for law enforcement personnel,
406	406		victim service providers, and medical service providers to identify
407	407		victims of human trafficking;
408	408		(6) work with the Texas Education Agency, the
409	409		Department of Family and Protective Services, and the Health and
410	410		Human Services Commission to:
411	411		(A) develop a list of key indicators that a
412	412		person is a victim of human trafficking;
413	413		(B) develop a standardized curriculum for
414	414		training doctors, nurses, emergency medical services personnel,
415	415		teachers, school counselors, school administrators, and personnel
416	416		from the Department of Family and Protective Services and the
417	417		Health and Human Services Commission to identify and assist victims
418	418		of human trafficking;
419	419		(C) train doctors, nurses, emergency medical
420	420		services personnel, teachers, school counselors, school
421	421		administrators, and personnel from the Department of Family and
422	422		Protective Services and the Health and Human Services Commission to
423	423		identify and assist victims of human trafficking;
424	424		(D) develop and conduct training for personnel
425	425		from the Department of Family and Protective Services and the
426	426		Health and Human Services Commission on methods for identifying
427	427		children in foster care who may be at risk of becoming victims of
428	428		human trafficking; and
429	429		(E) develop a process for referring identified
430	430		human trafficking victims and individuals at risk of becoming
431	431		victims to appropriate entities for services;
432	432		(7) on the request of a judge of a county court, county
433	433		court at law, or district court or a county attorney, district
434	434		attorney, or criminal district attorney, assist and train the judge
435	435		or the judge's staff or the attorney or the attorney's staff in the
436	436		recognition and prevention of human trafficking;
437	437		(8) examine training protocols related to human
438	438		trafficking issues, as developed and implemented by federal, state,
439	439		and local law enforcement agencies;
440	440		(9) collaborate with state and local governmental
441	441		agencies, political subdivisions of the state, and nongovernmental
442	442		organizations to implement a media awareness campaign in
443	443		communities affected by human trafficking;
444	444		(10) develop recommendations on how to strengthen
445	445		state and local efforts to prevent human trafficking, protect and
446	446		assist human trafficking victims, curb markets and other economic
447	447		avenues that facilitate human trafficking and investigate and
448	448		prosecute human trafficking offenders;
449	449		(11) examine the extent to which human trafficking is
450	450		associated with the operation of sexually oriented businesses, as
451	451		defined by Section 243.002, Local Government Code, and the
452	452		workplace or public health concerns that are created by the
453	453		association of human trafficking and the operation of sexually
454	454		oriented businesses;
455	455		(12) develop recommendations for addressing the
456	456		demand for forced labor or services or sexual conduct involving
457	457		victims of human trafficking, including recommendations for
458	458		increased penalties for individuals who engage or attempt to engage
459	459		in solicitation of prostitution with victims younger than 18 years
460	460		of age; and
461	461		(13) identify and report to the governor and
462	462		legislature on laws, licensure requirements, or other regulations
463	463		that can be passed at the state and local level to curb trafficking
464	464		using the Internet and in sexually oriented businesses.
465	465		SECTION 15. Section 411.042(b), Government Code, is amended
466	466		to read as follows:
467	467		(b) The bureau of identification and records shall:
468	468		(1) procure and file for record photographs, pictures,
469	469		descriptions, fingerprints, measurements, and other pertinent
470	470		information of all persons arrested for or charged with a criminal
471	471		offense or convicted of a criminal offense, regardless of whether
472	472		the conviction is probated;
473	473		(2) collect information concerning the number and
474	474		nature of offenses reported or known to have been committed in the
475	475		state and the legal steps taken in connection with the offenses, and
476	476		other information useful in the study of crime and the
477	477		administration of justice, including information that enables the
478	478		bureau to create a statistical breakdown of:
479	479		(A) offenses in which family violence was
480	480		involved;
481	481		(B) offenses under Sections 22.011 and 22.021,
482	482		Penal Code; and
483	483		(C) offenses under Sections 20A.02, 43.02
484	484		[43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, and
485	485		43.05, Penal Code;
486	486		(3) make ballistic tests of bullets and firearms and
487	487		chemical analyses of bloodstains, cloth, materials, and other
488	488		substances for law enforcement officers of the state;
489	489		(4) cooperate with identification and crime records
490	490		bureaus in other states and the United States Department of
491	491		Justice;
492	492		(5) maintain a list of all previous background checks
493	493		for applicants for any position regulated under Chapter 1702,
494	494		Occupations Code, who have undergone a criminal history background
495	495		check as required by that chapter, if the check indicates a Class B
496	496		misdemeanor or equivalent offense or a greater offense;
497	497		(6) collect information concerning the number and
498	498		nature of protective orders and magistrate's orders of emergency
499	499		protection and all other pertinent information about all persons
500	500		subject to active orders, including pertinent information about
501	501		persons subject to conditions of bond imposed for the protection of
502	502		the victim in any family violence, sexual assault or abuse,
503	503		indecent assault, stalking, or trafficking case. Information in the
504	504		law enforcement information system relating to an active order
505	505		shall include:
506	506		(A) the name, sex, race, date of birth, personal
507	507		descriptors, address, and county of residence of the person to whom
508	508		the order is directed;
509	509		(B) any known identifying number of the person to
510	510		whom the order is directed, including the person's social security
511	511		number or driver's license number;
512	512		(C) the name and county of residence of the
513	513		person protected by the order;
514	514		(D) the residence address and place of employment
515	515		or business of the person protected by the order;
516	516		(E) the child-care facility or school where a
517	517		child protected by the order normally resides or which the child
518	518		normally attends;
519	519		(F) the relationship or former relationship
520	520		between the person who is protected by the order and the person to
521	521		whom the order is directed;
522	522		(G) the conditions of bond imposed on the person
523	523		to whom the order is directed, if any, for the protection of a
524	524		victim in any family violence, sexual assault or abuse, indecent
525	525		assault, stalking, or trafficking case;
526	526		(H) any minimum distance the person subject to
527	527		the order is required to maintain from the protected places or
528	528		persons; and
529	529		(I) the date the order expires;
530	530		(7) grant access to criminal history record
531	531		information in the manner authorized under Subchapter F;
532	532		(8) collect and disseminate information regarding
533	533		offenders with mental impairments in compliance with Chapter 614,
534	534		Health and Safety Code; and
535	535		(9) record data and maintain a state database for a
536	536		computerized criminal history record system and computerized
537	537		juvenile justice information system that serves:
538	538		(A) as the record creation point for criminal
539	539		history record information and juvenile justice information
540	540		maintained by the state; and
541	541		(B) as the control terminal for the entry of
542	542		records, in accordance with federal law and regulations, federal
543	543		executive orders, and federal policy, into the federal database
544	544		maintained by the Federal Bureau of Investigation.
545	545		SECTION 16. Section 411.1471(a), Government Code, is
546	546		amended to read as follows:
547	547		(a) This section applies to a defendant who is:
548	548		(1) arrested for a felony prohibited under any of the
549	549		following Penal Code sections:
550	550		(A) Section 19.02;
551	551		(B) Section 19.03;
552	552		(C) Section 20.03;
553	553		(D) Section 20.04;
554	554		(E) Section 20.05;
555	555		(F) Section 20.06;
556	556		(G) Section 20A.02;
557	557		(H) Section 20A.03;
558	558		(I) Section 21.02;
559	559		(J) Section 21.11;
560	560		(K) Section 22.01;
561	561		(L) Section 22.011;
562	562		(M) Section 22.02;
563	563		(N) Section 22.021;
564	564		(O) Section 25.02;
565	565		(P) Section 29.02;
566	566		(Q) Section 29.03;
567	567		(R) Section 30.02;
568	568		(S) Section 31.03;
569	569		(T) Section 43.03;
570	570		(U) Section 43.04;
571	571		(V) Section 43.05;
572	572		(W) Section 43.25; or
573	573		(X) Section 43.26; or
574	574		(2) convicted of an offense:
575	575		(A) under Title 5, Penal Code, other than an
576	576		offense described by Subdivision (1), that is punishable as a Class
577	577		A misdemeanor or any higher category of offense, except for an
578	578		offense punishable as a Class A misdemeanor under Section 22.05,
579	579		Penal Code; or
580	580		(B) under Section 21.08, 25.04, 43.021
581	581		[43.02(b)], or 43.24, Penal Code.
582	582		SECTION 17. Section 81.093(a), Health and Safety Code, is
583	583		amended to read as follows:
584	584		(a) A court may direct a person convicted of an offense
585	585		under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas
586	586		Controlled Substances Act), or under Sections 485.031 through
587	587		485.035 to be subject to the control measures of Section 81.083 and
588	588		to the court-ordered management provisions of Subchapter G.
589	589		SECTION 18. The heading to Chapter 169, Health and Safety
590	590		Code, is amended to read as follows:
591	591		CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
592	592		PREVENTION PROGRAM
593	593		SECTION 19. Section 169.001, Health and Safety Code, is
594	594		amended to read as follows:
595	595		Sec. 169.001. FIRST OFFENDER SOLICITATION OF PROSTITUTION
596	596		PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In
597	597		this chapter, "first offender solicitation of prostitution
598	598		prevention program" means a program that has the following
599	599		essential characteristics:
600	600		(1) the integration of services in the processing of
601	601		cases in the judicial system;
602	602		(2) the use of a nonadversarial approach involving
603	603		prosecutors and defense attorneys to promote public safety, to
604	604		reduce the demand for the commercial sex trade and trafficking of
605	605		persons by educating offenders, and to protect the due process
606	606		rights of program participants;
607	607		(3) early identification and prompt placement of
608	608		eligible participants in the program;
609	609		(4) access to information, counseling, and services
610	610		relating to sex addiction, sexually transmitted diseases, mental
611	611		health, and substance abuse;
612	612		(5) a coordinated strategy to govern program responses
613	613		to participant compliance;
614	614		(6) monitoring and evaluation of program goals and
615	615		effectiveness;
616	616		(7) continuing interdisciplinary education to promote
617	617		effective program planning, implementation, and operations; and
618	618		(8) development of partnerships with public agencies
619	619		and community organizations.
620	620		(b) If a defendant successfully completes a first offender
621	621		solicitation of prostitution prevention program, regardless of
622	622		whether the defendant was convicted of the offense for which the
623	623		defendant entered the program or whether the court deferred further
624	624		proceedings without entering an adjudication of guilt, after notice
625	625		to the state and a hearing on whether the defendant is otherwise
626	626		entitled to the petition, including whether the required time
627	627		period has elapsed, and whether issuance of the order is in the best
628	628		interest of justice, the court shall enter an order of
629	629		nondisclosure of criminal history record information under
630	630		Subchapter E-1, Chapter 411, Government Code, as if the defendant
631	631		had received a discharge and dismissal under Article 42A.111, Code
632	632		of Criminal Procedure, with respect to all records and files
633	633		related to the defendant's arrest for the offense for which the
634	634		defendant entered the program if the defendant:
635	635		(1) has not been previously convicted of a felony
636	636		offense; and
637	637		(2) is not convicted of any other felony offense
638	638		before the second anniversary of the defendant's successful
639	639		completion of the program.
640	640		SECTION 20. Sections 169.002(a), (b), (d), (e), and (f),
641	641		Health and Safety Code, are amended to read as follows:
642	642		(a) The commissioners court of a county or governing body of
643	643		a municipality may establish a first offender solicitation of
644	644		prostitution prevention program for defendants charged with an
645	645		offense under Section 43.021 [43.02(b)], Penal Code.
646	646		(b) A defendant is eligible to participate in a first
647	647		offender solicitation of prostitution prevention program
648	648		established under this chapter only if:
649	649		(1) the attorney representing the state consents to
650	650		the defendant's participation in the program; and
651	651		(2) the court in which the criminal case is pending
652	652		finds that the defendant has not been previously convicted of:
653	653		(A) an offense under Section 20A.02, 43.02(b), as
654	654		that law existed before September 1, 2021 [43.02], 43.021, 43.03,
655	655		43.031, 43.04, 43.041, or 43.05, Penal Code;
656	656		(B) an offense listed in Article 42A.054(a), Code
657	657		of Criminal Procedure; or
658	658		(C) an offense punishable as a felony under
659	659		Chapter 481.
660	660		(d) A defendant is not eligible to participate in the first
661	661		offender solicitation of prostitution prevention program if the
662	662		defendant offered or agreed to hire a person to engage in sexual
663	663		conduct and the person was younger than 18 years of age at the time
664	664		of the offense.
665	665		(e) The court in which the criminal case is pending shall
666	666		allow an eligible defendant to choose whether to participate in the
667	667		first offender solicitation of prostitution prevention program or
668	668		otherwise proceed through the criminal justice system.
669	669		(f) If a defendant who chooses to participate in the first
670	670		offender solicitation of prostitution prevention program fails to
671	671		attend any portion of the program, the court in which the
672	672		defendant's criminal case is pending shall issue a warrant for the
673	673		defendant's arrest and proceed on the criminal case as if the
674	674		defendant had chosen not to participate in the program.
675	675		SECTION 21. Section 169.003(a), Health and Safety Code, is
676	676		amended to read as follows:
677	677		(a) A first offender solicitation of prostitution
678	678		prevention program established under this chapter must:
679	679		(1) ensure that a person eligible for the program is
680	680		provided legal counsel before volunteering to proceed through the
681	681		program and while participating in the program;
682	682		(2) allow any participant to withdraw from the program
683	683		at any time before a trial on the merits has been initiated;
684	684		(3) provide each participant with information,
685	685		counseling, and services relating to sex addiction, sexually
686	686		transmitted diseases, mental health, and substance abuse; and
687	687		(4) provide each participant with classroom
688	688		instruction related to the prevention of the solicitation of
689	689		prostitution.
690	690		SECTION 22. Sections 169.004, 169.005, and 169.006, Health
691	691		and Safety Code, are amended to read as follows:
692	692		Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
693	693		the speaker of the house of representatives may assign to
694	694		appropriate legislative committees duties relating to the
695	695		oversight of first offender solicitation of prostitution
696	696		prevention programs established under this chapter.
697	697		(b) A legislative committee or the governor may request the
698	698		state auditor to perform a management, operations, or financial or
699	699		accounting audit of a first offender solicitation of prostitution
700	700		prevention program established under this chapter.
701	701		(c) A first offender solicitation of prostitution
702	702		prevention program established under this chapter shall:
703	703		(1) notify the criminal justice division of the
704	704		governor's office before or on implementation of the program; and
705	705		(2) provide information regarding the performance of
706	706		the program to the division on request.
707	707		Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender
708	708		solicitation of prostitution prevention program established under
709	709		this chapter may collect from a participant in the program a
710	710		nonrefundable reimbursement fee for the program in a reasonable
711	711		amount not to exceed $1,000, from which the following must be paid:
712	712		(1) a counseling and services reimbursement fee in an
713	713		amount necessary to cover the costs of the counseling and services
714	714		provided by the program; and
715	715		(2) a law enforcement training reimbursement fee, in
716	716		an amount equal to five percent of the total amount paid under
717	717		Subdivision (1), to be deposited to the credit of the treasury of
718	718		the county or municipality that established the program to cover
719	719		costs associated with the provision of training to law enforcement
720	720		personnel on domestic violence, prostitution, and the trafficking
721	721		of persons.
722	722		(b) Reimbursement fees collected under this section may be
723	723		paid on a periodic basis or on a deferred payment schedule at the
724	724		discretion of the judge, magistrate, or program director
725	725		administering the first offender solicitation of prostitution
726	726		prevention program. The fees must be based on the participant's
727	727		ability to pay.
728	728		Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
729	729		REQUIREMENT. (a) To encourage participation in a first offender
730	730		solicitation of prostitution prevention program established under
731	731		this chapter, the judge or magistrate administering the program may
732	732		suspend any requirement that, as a condition of community
733	733		supervision, a participant in the program work a specified number
734	734		of hours at a community service project.
735	735		(b) On a participant's successful completion of a first
736	736		offender solicitation of prostitution prevention program, a judge
737	737		or magistrate may excuse the participant from any condition of
738	738		community supervision previously suspended under Subsection (a).
739	739		SECTION 23. Section 455.202(d)(2), Occupations Code, is
740	740		amended to read as follows:
741	741		(2) "Sexual contact" includes:
742	742		(A) any touching of any part of the genitalia or
743	743		anus;
744	744		(B) any touching of the breasts of a female
745	745		without the written consent of the female;
746	746		(C) any offer or agreement to engage in any
747	747		activity described in Paragraph (A) or (B);
748	748		(D) kissing without the consent of both persons;
749	749		(E) deviate sexual intercourse, sexual contact,
750	750		sexual intercourse, indecent exposure, sexual assault,
751	751		prostitution, solicitation of prostitution, and promotion
752	752		[promotions] of prostitution as described in Chapters 21, 22, and
753	753		43, Penal Code, or any offer or agreement to engage in such
754	754		activities;
755	755		(F) any behavior, gesture, or expression that may
756	756		reasonably be interpreted as inappropriately seductive or sexual;
757	757		or
758	758		(G) inappropriate sexual comments about or to a
759	759		client, including sexual comments about a person's body.
760	760		SECTION 24. Section 15.031(b), Penal Code, is amended to
761	761		read as follows:
762	762		(b) A person commits an offense if, with intent that an
763	763		offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
764	764		22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the
765	765		person by any means requests, commands, or attempts to induce a
766	766		minor or another whom the person believes to be a minor to engage in
767	767		specific conduct that, under the circumstances surrounding the
768	768		actor's conduct as the actor believes them to be, would constitute
769	769		an offense under one of those sections or would make the minor or
770	770		other believed by the person to be a minor a party to the commission
771	771		of an offense under one of those sections.
772	772		SECTION 25. Section 20A.02(a), Penal Code, is amended to
773	773		read as follows:
774	774		(a) A person commits an offense if the person knowingly:
775	775		(1) traffics another person with the intent that the
776	776		trafficked person engage in forced labor or services;
777	777		(2) receives a benefit from participating in a venture
778	778		that involves an activity described by Subdivision (1), including
779	779		by receiving labor or services the person knows are forced labor or
780	780		services;
781	781		(3) traffics another person and, through force, fraud,
782	782		or coercion, causes the trafficked person to engage in conduct
783	783		prohibited by:
784	784		(A) Section 43.02 (Prostitution);
785	785		(B) Section 43.03 (Promotion of Prostitution);
786	786		(B-1) Section 43.031 (Online Promotion of
787	787		Prostitution);
788	788		(C) Section 43.04 (Aggravated Promotion of
789	789		Prostitution);
790	790		(C-1) Section 43.041 (Aggravated Online
791	791		Promotion of Prostitution); or
792	792		(D) Section 43.05 (Compelling Prostitution);
793	793		(4) receives a benefit from participating in a venture
794	794		that involves an activity described by Subdivision (3) or engages
795	795		in sexual conduct with a person trafficked in the manner described
796	796		in Subdivision (3);
797	797		(5) traffics a child with the intent that the
798	798		trafficked child engage in forced labor or services;
799	799		(6) receives a benefit from participating in a venture
800	800		that involves an activity described by Subdivision (5), including
801	801		by receiving labor or services the person knows are forced labor or
802	802		services;
803	803		(7) traffics a child and by any means causes the
804	804		trafficked child to engage in, or become the victim of, conduct
805	805		prohibited by:
806	806		(A) Section 21.02 (Continuous Sexual Abuse of
807	807		Young Child or Children);
808	808		(B) Section 21.11 (Indecency with a Child);
809	809		(C) Section 22.011 (Sexual Assault);
810	810		(D) Section 22.021 (Aggravated Sexual Assault);
811	811		(E) Section 43.02 (Prostitution);
812	812		(E-1) Section 43.021 (Solicitation of
813	813		Prostitution);
814	814		(F) Section 43.03 (Promotion of Prostitution);
815	815		(F-1) Section 43.031 (Online Promotion of
816	816		Prostitution);
817	817		(G) Section 43.04 (Aggravated Promotion of
818	818		Prostitution);
819	819		(G-1) Section 43.041 (Aggravated Online
820	820		Promotion of Prostitution);
821	821		(H) Section 43.05 (Compelling Prostitution);
822	822		(I) Section 43.25 (Sexual Performance by a
823	823		Child);
824	824		(J) Section 43.251 (Employment Harmful to
825	825		Children); or
826	826		(K) Section 43.26 (Possession or Promotion of
827	827		Child Pornography); or
828	828		(8) receives a benefit from participating in a venture
829	829		that involves an activity described by Subdivision (7) or engages
830	830		in sexual conduct with a child trafficked in the manner described in
831	831		Subdivision (7).
832	832		SECTION 26. Section 25.08(c), Penal Code, is amended to
833	833		read as follows:
834	834		(c) An offense under this section is a felony of the third
835	835		degree, except that the offense is a felony of the second degree if
836	836		the actor commits the offense with intent to commit an offense under
837	837		Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
838	838		SECTION 27. Section 25.081(c), Penal Code, is amended to
839	839		read as follows:
840	840		(c) An offense under this section is a felony of the third
841	841		degree, except that the offense is a felony of the second degree if
842	842		the actor commits the offense with intent to commit an offense under
843	843		Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
844	844		SECTION 28. Section 43.01, Penal Code, is amended by adding
845	845		Subdivision (6) to read as follows:
846	846		(6) "Solicitation of prostitution" means the offense
847	847		defined in Section 43.021.
848	848		SECTION 29. Section 43.031(a), Penal Code, is amended to
849	849		read as follows:
850	850		(a) A person commits an offense if the person owns, manages,
851	851		or operates an interactive computer service or information content
852	852		provider, or operates as an information content provider, with the
853	853		intent to promote the prostitution of another person or facilitate
854	854		another person to engage in prostitution or solicitation of
855	855		prostitution.
856	856		SECTION 30. Section 43.041(a), Penal Code, is amended to
857	857		read as follows:
858	858		(a) A person commits an offense if the person owns, manages,
859	859		or operates an interactive computer service or information content
860	860		provider, or operates as an information content provider, with the
861	861		intent to promote the prostitution of five or more persons or
862	862		facilitate five or more persons to engage in prostitution or
863	863		solicitation of prostitution.
864	864		SECTION 31. Section 93.013(a), Property Code, is amended to
865	865		read as follows:
866	866		(a) Notwithstanding a provision in a lease to the contrary,
867	867		a tenant's right of possession terminates and the landlord has a
868	868		right to recover possession of the leased premises if the tenant is
869	869		using the premises or allowing the premises to be used for the
870	870		purposes of prostitution as described by Section 43.02, Penal Code,
871	871		solicitation of prostitution as described by Section 43.021, Penal
872	872		Code, promotion of prostitution as described by Section 43.03,
873	873		Penal Code, aggravated promotion of prostitution as described by
874	874		Section 43.04, Penal Code, [or] compelling prostitution[,] as
875	875		described [prohibited] by Section 43.05, [the] Penal Code, or
876	876		trafficking of persons as described by Section 20A.02, Penal Code.
877	877		SECTION 32. The change in law made by this Act applies only
878	878		to an offense committed on or after the effective date of this Act.
879	879		An offense committed before the effective date of this Act is
880	880		governed by the law in effect on the date the offense was committed,
881	881		and the former law is continued in effect for that purpose. For
882	882		purposes of this section, an offense was committed before the
883	883		effective date of this Act if any element of the offense occurred
884	884		before that date.
885	885		SECTION 33. This Act takes effect September 1, 2021.