By: Taylor, et al. S.B. No. 1831
(Thompson of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for trafficking of persons, online
solicitation of a minor, and prostitution and warning signs
regarding certain penalties for trafficking of persons; increasing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the No Trafficking Zone
Act.
SECTION 2. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.086 to read as follows:
Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED
TRAFFICKING PENALTIES. (a) In this section:
(1) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2) "School" means a public or private primary or
secondary school.
(b) Each school shall post warning signs of the increased
penalties for trafficking of persons under Section 20A.02(b-1)(2),
Penal Code, at the following locations:
(1) parallel to and along the exterior boundaries of
the school's premises;
(2) at each roadway or other way of access to the
premises;
(3) for premises not fenced, at least every five
hundred feet along the exterior boundaries of the premises;
(4) at each entrance to the premises; and
(5) at conspicuous places reasonably likely to be
viewed by all persons entering the premises.
(c) The agency, in consultation with the human trafficking
prevention task force created under Section 402.035, Government
Code, shall adopt rules regarding the placement, installation,
design, size, wording, and maintenance procedures for the warning
signs required under this section. The rules must require that each
warning sign:
(1) include a description of the provisions of Section
20A.02(b-1), Penal Code, including the penalties for violating that
section;
(2) be written in English and Spanish; and
(3) be at least 8-1/2 by 11 inches in size.
(d) The agency shall provide each school without charge the
number of warning signs required to comply with this section and
rules adopted under this section. If the agency is unable to
provide each school with the number of signs necessary to comply
with Subsection (b), the agency may:
(1) provide to a school fewer signs than the number
necessary to comply with that section; and
(2) prioritize distribution of signs to schools based
on reports of criminal activity in the areas near that school.
SECTION 3. Section 20A.01, Penal Code, is amended by adding
Subdivisions (2-a) and (2-b) to read as follows:
(2-a) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-b) "School" means a public or private primary or
secondary school.
SECTION 4. Section 20A.02, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as otherwise provided by this subsection and
Subsection (b-1), an offense under this section is a felony of the
second degree. An offense under this section is a felony of the
first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked.
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years if it is shown on the trial of the offense that
the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 5. Section 33.021, Penal Code, is amended by adding
Subsection (f-1) to read as follows:
(f-1) The punishment for an offense under this section is
increased to the punishment prescribed for the next higher category
of offense if it is shown on the trial of the offense that:
(1) the actor committed the offense during regular
public or private primary or secondary school hours; and
(2) the actor knew or reasonably should have known
that the minor was enrolled in a public or private primary or
secondary school at the time of the offense.
SECTION 6. Section 43.01, Penal Code, is amended by adding
Subdivisions (1-f) and (2-a) to read as follows.
(1-f) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-a) "School" means a public or private primary or
secondary school.
SECTION 7. Section 43.02, Penal Code, is amended by adding
Subsection (c-2) to read as follows:
(c-2) The punishment prescribed for an offense under
Subsection (b) is increased to the punishment prescribed for the
next highest category of offense if it is shown on the trial of the
offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 8. The Texas Education Agency is required to
implement the change in law made by Section 37.086(d), Education
Code, as added by this Act, only if the legislature appropriates
money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the agency may,
but is not required to, implement the change in law made by Section
37.086(d), Education Code, as added by this Act, using other
appropriations available for that purpose.
SECTION 9. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 10. This Act takes effect September 1, 2021.