Texas 2023 - 88th Regular

Texas House Bill HB2187 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2187
2	2
3	3
4	4	AN ACT
5	5	relating to the criminal offense of abandoning or endangering a
6	6	child, elderly individual, or disabled individual.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 22.041, Penal Code, is amended to read as
9	9	follows:
10	10	Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY
11	11	INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
12	12	(1) "Abandon"[, "abandon"] means to leave [a child] in
13	13	any place without providing reasonable and necessary care a [for
14	14	the] child, elderly individual, or disabled individual under
15	15	circumstances under which no reasonable, similarly situated person
16	16	[adult] would leave a child or individual of that age and ability.
17	17	(2) "Child," "elderly individual," and "disabled
18	18	individual" have the meanings assigned by Section 22.04.
19	19	(b) A person commits an offense if the person, having
20	20	custody, care, or control of a child, elderly individual, or
21	21	disabled individual [younger than 15 years], [he] intentionally
22	22	abandons the child or individual in any place under circumstances
23	23	that expose the child or individual to an unreasonable risk of harm.
24	24	(c) A person commits an offense if the person [he]
25	25	intentionally, knowingly, recklessly, or with criminal negligence,
26	26	by act or omission, engages in conduct that places a child, elderly
27	27	individual, or disabled individual [younger than 15 years] in
28	28	imminent danger of death, bodily injury, or physical or mental
29	29	impairment.
30	30	(c-1) For purposes of Subsection (c), it is presumed that a
31	31	person engaged in conduct that places a child, elderly individual,
32	32	or disabled individual in imminent danger of death, bodily injury,
33	33	or physical or mental impairment if:
34	34	(1) the person manufactured, possessed, or in any way
35	35	introduced into the body of any person the controlled substance
36	36	methamphetamine in the presence of the child, elderly individual,
37	37	or disabled individual;
38	38	(2) the person's conduct related to the proximity or
39	39	accessibility of the controlled substance methamphetamine to the
40	40	child, elderly individual, or disabled individual and an analysis
41	41	of a specimen of the child's or individual's blood, urine, or other
42	42	bodily substance indicates the presence of methamphetamine in the
43	43	body of the child or individual [child's body]; or
44	44	(3) the person injected, ingested, inhaled, or
45	45	otherwise introduced a controlled substance listed in Penalty Group
46	46	1, Section 481.102, Health and Safety Code, or Penalty Group 1-B,
47	47	Section 481.1022, Health and Safety Code, into the human body when
48	48	the person was not in lawful possession of the substance as defined
49	49	by Section 481.002(24) of that code.
50	50	(d) Except as provided by Subsection (e), an offense under
51	51	Subsection (b) is:
52	52	(1) a state jail felony if the actor abandoned the
53	53	child, elderly individual, or disabled individual with intent to
54	54	return for the child or individual; or
55	55	(2) a felony of the third degree if the actor abandoned
56	56	the child, elderly individual, or disabled individual without
57	57	intent to return for the child or individual.
58	58	(e) An offense under Subsection (b) is a felony of the
59	59	second degree if the actor abandons the child, elderly individual,
60	60	or disabled individual under circumstances that a reasonable person
61	61	would believe would place the child or individual in imminent
62	62	danger of death, bodily injury, or physical or mental impairment.
63	63	(f) An offense under Subsection (c) is a state jail felony.
64	64	(g) It is a defense to prosecution under Subsection (c) that
65	65	the act or omission enables the child, elderly individual, or
66	66	disabled individual to practice for or participate in an organized
67	67	athletic event and that appropriate safety equipment and procedures
68	68	are employed in the event.
69	69	(h) It is an exception to the application of this section
70	70	for abandoning or endangering a child that the actor voluntarily
71	71	delivered the child to a designated emergency infant care provider
72	72	under Section 262.302, Family Code.
73	73	SECTION 2. Article 12.01, Code of Criminal Procedure, is
74	74	amended to read as follows:
75	75	Art. 12.01. FELONIES. Except as provided in Article 12.03,
76	76	felony indictments may be presented within these limits, and not
77	77	afterward:
78	78	(1) no limitation:
79	79	(A) murder and manslaughter;
80	80	(B) sexual assault under Section 22.011(a)(2),
81	81	Penal Code, or aggravated sexual assault under Section
82	82	22.021(a)(1)(B), Penal Code;
83	83	(C) sexual assault, if:
84	84	(i) during the investigation of the offense
85	85	biological matter is collected and the matter:
86	86	(a) has not yet been subjected to
87	87	forensic DNA testing; or
88	88	(b) has been subjected to forensic DNA
89	89	testing and the testing results show that the matter does not match
90	90	the victim or any other person whose identity is readily
91	91	ascertained; or
92	92	(ii) probable cause exists to believe that
93	93	the defendant has committed the same or a similar sex offense
94	94	against five or more victims;
95	95	(D) continuous sexual abuse of young child or
96	96	disabled individual under Section 21.02, Penal Code;
97	97	(E) indecency with a child under Section 21.11,
98	98	Penal Code;
99	99	(F) an offense involving leaving the scene of an
100	100	accident under Section 550.021, Transportation Code, if the
101	101	accident resulted in the death of a person;
102	102	(G) trafficking of persons under Section
103	103	20A.02(a)(7) or (8), Penal Code;
104	104	(H) continuous trafficking of persons under
105	105	Section 20A.03, Penal Code; or
106	106	(I) compelling prostitution under Section
107	107	43.05(a)(2), Penal Code;
108	108	(2) ten years from the date of the commission of the
109	109	offense:
110	110	(A) theft of any estate, real, personal or mixed,
111	111	by an executor, administrator, guardian or trustee, with intent to
112	112	defraud any creditor, heir, legatee, ward, distributee,
113	113	beneficiary or settlor of a trust interested in such estate;
114	114	(B) theft by a public servant of government
115	115	property over which the public servant exercises control in the
116	116	public servant's official capacity;
117	117	(C) forgery or the uttering, using, or passing of
118	118	forged instruments;
119	119	(D) injury to an elderly or disabled individual
120	120	punishable as a felony of the first degree under Section 22.04,
121	121	Penal Code;
122	122	(E) sexual assault, except as provided by
123	123	Subdivision (1) or (7);
124	124	(F) arson;
125	125	(G) trafficking of persons under Section
126	126	20A.02(a)(1), (2), (3), or (4), Penal Code; or
127	127	(H) compelling prostitution under Section
128	128	43.05(a)(1), Penal Code;
129	129	(3) seven years from the date of the commission of the
130	130	offense:
131	131	(A) misapplication of fiduciary property or
132	132	property of a financial institution;
133	133	(B) fraudulent securing of document execution;
134	134	(C) a felony violation under Chapter 162, Tax
135	135	Code;
136	136	(D) false statement to obtain property or credit
137	137	under Section 32.32, Penal Code;
138	138	(E) money laundering;
139	139	(F) credit card or debit card abuse under Section
140	140	32.31, Penal Code;
141	141	(G) fraudulent use or possession of identifying
142	142	information under Section 32.51, Penal Code;
143	143	(H) exploitation of a child, elderly individual,
144	144	or disabled individual under Section 32.53, Penal Code;
145	145	(I) health care fraud under Section 35A.02, Penal
146	146	Code; or
147	147	(J) bigamy under Section 25.01, Penal Code,
148	148	except as provided by Subdivision (6);
149	149	(4) five years from the date of the commission of the
150	150	offense:
151	151	(A) theft or robbery;
152	152	(B) except as provided by Subdivision (5),
153	153	kidnapping or burglary;
154	154	(C) injury to an elderly or disabled individual
155	155	that is not punishable as a felony of the first degree under Section
156	156	22.04, Penal Code;
157	157	(D) abandoning or endangering a child, elderly
158	158	individual, or disabled individual; or
159	159	(E) insurance fraud;
160	160	(5) if the investigation of the offense shows that the
161	161	victim is younger than 17 years of age at the time the offense is
162	162	committed, 20 years from the 18th birthday of the victim of one of
163	163	the following offenses:
164	164	(A) sexual performance by a child under Section
165	165	43.25, Penal Code;
166	166	(B) aggravated kidnapping under Section
167	167	20.04(a)(4), Penal Code, if the defendant committed the offense
168	168	with the intent to violate or abuse the victim sexually; or
169	169	(C) burglary under Section 30.02, Penal Code, if
170	170	the offense is punishable under Subsection (d) of that section and
171	171	the defendant committed the offense with the intent to commit an
172	172	offense described by Subdivision (1)(B) or (D) of this article or
173	173	Paragraph (B) of this subdivision;
174	174	(6) ten years from the 18th birthday of the victim of
175	175	the offense:
176	176	(A) trafficking of persons under Section
177	177	20A.02(a)(5) or (6), Penal Code;
178	178	(B) injury to a child under Section 22.04, Penal
179	179	Code; or
180	180	(C) bigamy under Section 25.01, Penal Code, if
181	181	the investigation of the offense shows that the person, other than
182	182	the legal spouse of the defendant, whom the defendant marries or
183	183	purports to marry or with whom the defendant lives under the
184	184	appearance of being married is younger than 18 years of age at the
185	185	time the offense is committed;
186	186	(7) two years from the date the offense was
187	187	discovered: sexual assault punishable as a state jail felony under
188	188	Section 22.011(f)(2), Penal Code; or
189	189	(8) three years from the date of the commission of the
190	190	offense: all other felonies.
191	191	SECTION 3. Section 201.062(a), Estates Code, is amended to
192	192	read as follows:
193	193	(a) A probate court may enter an order declaring that the
194	194	parent of a child under 18 years of age may not inherit from or
195	195	through the child under the laws of descent and distribution if the
196	196	court finds by clear and convincing evidence that the parent has:
197	197	(1) voluntarily abandoned and failed to support the
198	198	child in accordance with the parent's obligation or ability for at
199	199	least three years before the date of the child's death, and did not
200	200	resume support for the child before that date;
201	201	(2) voluntarily and with knowledge of the pregnancy:
202	202	(A) abandoned the child's mother beginning at a
203	203	time during her pregnancy with the child and continuing through the
204	204	birth;
205	205	(B) failed to provide adequate support or medical
206	206	care for the mother during the period of abandonment before the
207	207	child's birth; and
208	208	(C) remained apart from and failed to support the
209	209	child since birth; or
210	210	(3) been convicted or has been placed on community
211	211	supervision, including deferred adjudication community
212	212	supervision, for being criminally responsible for the death or
213	213	serious injury of a child under the following sections of the Penal
214	214	Code or adjudicated under Title 3, Family Code, for conduct that
215	215	caused the death or serious injury of a child and that would
216	216	constitute a violation of one of the following sections of the Penal
217	217	Code:
218	218	(A) Section 19.02 (murder);
219	219	(B) Section 19.03 (capital murder);
220	220	(C) Section 19.04 (manslaughter);
221	221	(D) Section 21.11 (indecency with a child);
222	222	(E) Section 22.01 (assault);
223	223	(F) Section 22.011 (sexual assault);
224	224	(G) Section 22.02 (aggravated assault);
225	225	(H) Section 22.021 (aggravated sexual assault);
226	226	(I) Section 22.04 (injury to a child, elderly
227	227	individual, or disabled individual);
228	228	(J) Section 22.041 (abandoning or endangering a
229	229	child, elderly individual, or disabled individual);
230	230	(K) Section 25.02 (prohibited sexual conduct);
231	231	(L) Section 43.25 (sexual performance by a
232	232	child); or
233	233	(M) Section 43.26 (possession or promotion of
234	234	child pornography).
235	235	SECTION 4. Section 1104.353(b), Estates Code, is amended to
236	236	read as follows:
237	237	(b) It is presumed to be not in the best interests of a ward
238	238	or incapacitated person to appoint as guardian of the ward or
239	239	incapacitated person a person who has been finally convicted of:
240	240	(1) any sexual offense, including sexual assault,
241	241	aggravated sexual assault, and prohibited sexual conduct;
242	242	(2) aggravated assault;
243	243	(3) injury to a child, elderly individual, or disabled
244	244	individual;
245	245	(4) abandoning or endangering a child, elderly
246	246	individual, or disabled individual;
247	247	(5) terroristic threat; or
248	248	(6) continuous violence against the family of the ward
249	249	or incapacitated person.
250	250	SECTION 5. Section 161.001(b), Family Code, is amended to
251	251	read as follows:
252	252	(b) The court may order termination of the parent-child
253	253	relationship if the court finds by clear and convincing evidence:
254	254	(1) that the parent has:
255	255	(A) voluntarily left the child alone or in the
256	256	possession of another not the parent and expressed an intent not to
257	257	return;
258	258	(B) voluntarily left the child alone or in the
259	259	possession of another not the parent without expressing an intent
260	260	to return, without providing for the adequate support of the child,
261	261	and remained away for a period of at least three months;
262	262	(C) voluntarily left the child alone or in the
263	263	possession of another without providing adequate support of the
264	264	child and remained away for a period of at least six months;
265	265	(D) knowingly placed or knowingly allowed the
266	266	child to remain in conditions or surroundings which endanger the
267	267	physical or emotional well-being of the child;
268	268	(E) engaged in conduct or knowingly placed the
269	269	child with persons who engaged in conduct which endangers the
270	270	physical or emotional well-being of the child;
271	271	(F) failed to support the child in accordance
272	272	with the parent's ability during a period of one year ending within
273	273	six months of the date of the filing of the petition;
274	274	(G) abandoned the child without identifying the
275	275	child or furnishing means of identification, and the child's
276	276	identity cannot be ascertained by the exercise of reasonable
277	277	diligence;
278	278	(H) voluntarily, and with knowledge of the
279	279	pregnancy, abandoned the mother of the child beginning at a time
280	280	during her pregnancy with the child and continuing through the
281	281	birth, failed to provide adequate support or medical care for the
282	282	mother during the period of abandonment before the birth of the
283	283	child, and remained apart from the child or failed to support the
284	284	child since the birth;
285	285	(I) contumaciously refused to submit to a
286	286	reasonable and lawful order of a court under Subchapter D, Chapter
287	287	261;
288	288	(J) been the major cause of:
289	289	(i) the failure of the child to be enrolled
290	290	in school as required by the Education Code; or
291	291	(ii) the child's absence from the child's
292	292	home without the consent of the parents or guardian for a
293	293	substantial length of time or without the intent to return;
294	294	(K) executed before or after the suit is filed an
295	295	unrevoked or irrevocable affidavit of relinquishment of parental
296	296	rights as provided by this chapter;
297	297	(L) been convicted or has been placed on
298	298	community supervision, including deferred adjudication community
299	299	supervision, for being criminally responsible for the death or
300	300	serious injury of a child under the following sections of the Penal
301	301	Code, or under a law of another jurisdiction that contains elements
302	302	that are substantially similar to the elements of an offense under
303	303	one of the following Penal Code sections, or adjudicated under
304	304	Title 3 for conduct that caused the death or serious injury of a
305	305	child and that would constitute a violation of one of the following
306	306	Penal Code sections:
307	307	(i) Section 19.02 (murder);
308	308	(ii) Section 19.03 (capital murder);
309	309	(iii) Section 19.04 (manslaughter);
310	310	(iv) Section 21.11 (indecency with a
311	311	child);
312	312	(v) Section 22.01 (assault);
313	313	(vi) Section 22.011 (sexual assault);
314	314	(vii) Section 22.02 (aggravated assault);
315	315	(viii) Section 22.021 (aggravated sexual
316	316	assault);
317	317	(ix) Section 22.04 (injury to a child,
318	318	elderly individual, or disabled individual);
319	319	(x) Section 22.041 (abandoning or
320	320	endangering a child, elderly individual, or disabled individual);
321	321	(xi) Section 25.02 (prohibited sexual
322	322	conduct);
323	323	(xii) Section 43.25 (sexual performance by
324	324	a child);
325	325	(xiii) Section 43.26 (possession or
326	326	promotion of child pornography);
327	327	(xiv) Section 21.02 (continuous sexual
328	328	abuse of young child or disabled individual);
329	329	(xv) Section 20A.02(a)(7) or (8)
330	330	(trafficking of persons); and
331	331	(xvi) Section 43.05(a)(2) (compelling
332	332	prostitution);
333	333	(M) had his or her parent-child relationship
334	334	terminated with respect to another child based on a finding that the
335	335	parent's conduct was in violation of Paragraph (D) or (E) or
336	336	substantially equivalent provisions of the law of another state;
337	337	(N) constructively abandoned the child who has
338	338	been in the permanent or temporary managing conservatorship of the
339	339	Department of Family and Protective Services for not less than six
340	340	months, and:
341	341	(i) the department has made reasonable
342	342	efforts to return the child to the parent;
343	343	(ii) the parent has not regularly visited
344	344	or maintained significant contact with the child; and
345	345	(iii) the parent has demonstrated an
346	346	inability to provide the child with a safe environment;
347	347	(O) failed to comply with the provisions of a
348	348	court order that specifically established the actions necessary for
349	349	the parent to obtain the return of the child who has been in the
350	350	permanent or temporary managing conservatorship of the Department
351	351	of Family and Protective Services for not less than nine months as a
352	352	result of the child's removal from the parent under Chapter 262 for
353	353	the abuse or neglect of the child;
354	354	(P) used a controlled substance, as defined by
355	355	Chapter 481, Health and Safety Code, in a manner that endangered the
356	356	health or safety of the child, and:
357	357	(i) failed to complete a court-ordered
358	358	substance abuse treatment program; or
359	359	(ii) after completion of a court-ordered
360	360	substance abuse treatment program, continued to abuse a controlled
361	361	substance;
362	362	(Q) knowingly engaged in criminal conduct that
363	363	has resulted in the parent's:
364	364	(i) conviction of an offense; and
365	365	(ii) confinement or imprisonment and
366	366	inability to care for the child for not less than two years from the
367	367	date of filing the petition;
368	368	(R) been the cause of the child being born
369	369	addicted to alcohol or a controlled substance, other than a
370	370	controlled substance legally obtained by prescription;
371	371	(S) voluntarily delivered the child to a
372	372	designated emergency infant care provider under Section 262.302
373	373	without expressing an intent to return for the child;
374	374	(T) been convicted of:
375	375	(i) the murder of the other parent of the
376	376	child under Section 19.02 or 19.03, Penal Code, or under a law of
377	377	another state, federal law, the law of a foreign country, or the
378	378	Uniform Code of Military Justice that contains elements that are
379	379	substantially similar to the elements of an offense under Section
380	380	19.02 or 19.03, Penal Code;
381	381	(ii) criminal attempt under Section 15.01,
382	382	Penal Code, or under a law of another state, federal law, the law of
383	383	a foreign country, or the Uniform Code of Military Justice that
384	384	contains elements that are substantially similar to the elements of
385	385	an offense under Section 15.01, Penal Code, to commit the offense
386	386	described by Subparagraph (i);
387	387	(iii) criminal solicitation under Section
388	388	15.03, Penal Code, or under a law of another state, federal law, the
389	389	law of a foreign country, or the Uniform Code of Military Justice
390	390	that contains elements that are substantially similar to the
391	391	elements of an offense under Section 15.03, Penal Code, of the
392	392	offense described by Subparagraph (i); or
393	393	(iv) the sexual assault of the other parent
394	394	of the child under Section 22.011 or 22.021, Penal Code, or under a
395	395	law of another state, federal law, or the Uniform Code of Military
396	396	Justice that contains elements that are substantially similar to
397	397	the elements of an offense under Section 22.011 or 22.021, Penal
398	398	Code; or
399	399	(U) been placed on community supervision,
400	400	including deferred adjudication community supervision, or another
401	401	functionally equivalent form of community supervision or
402	402	probation, for being criminally responsible for the sexual assault
403	403	of the other parent of the child under Section 22.011 or 22.021,
404	404	Penal Code, or under a law of another state, federal law, or the
405	405	Uniform Code of Military Justice that contains elements that are
406	406	substantially similar to the elements of an offense under Section
407	407	22.011 or 22.021, Penal Code; and
408	408	(2) that termination is in the best interest of the
409	409	child.
410	410	SECTION 6. Section 262.2015(b), Family Code, is amended to
411	411	read as follows:
412	412	(b) The court may find under Subsection (a) that a parent
413	413	has subjected the child to aggravated circumstances if:
414	414	(1) the parent abandoned the child without
415	415	identification or a means for identifying the child;
416	416	(2) the child or another child of the parent is a
417	417	victim of serious bodily injury or sexual abuse inflicted by the
418	418	parent or by another person with the parent's consent;
419	419	(3) the parent has engaged in conduct against the
420	420	child or another child of the parent that would constitute an
421	421	offense under the following provisions of the Penal Code:
422	422	(A) Section 19.02 (murder);
423	423	(B) Section 19.03 (capital murder);
424	424	(C) Section 19.04 (manslaughter);
425	425	(D) Section 21.11 (indecency with a child);
426	426	(E) Section 22.011 (sexual assault);
427	427	(F) Section 22.02 (aggravated assault);
428	428	(G) Section 22.021 (aggravated sexual assault);
429	429	(H) Section 22.04 (injury to a child, elderly
430	430	individual, or disabled individual);
431	431	(I) Section 22.041 (abandoning or endangering a
432	432	child, elderly individual, or disabled individual);
433	433	(J) Section 25.02 (prohibited sexual conduct);
434	434	(K) Section 43.25 (sexual performance by a
435	435	child);
436	436	(L) Section 43.26 (possession or promotion of
437	437	child pornography);
438	438	(M) Section 21.02 (continuous sexual abuse of
439	439	young child or disabled individual);
440	440	(N) Section 43.05(a)(2) (compelling
441	441	prostitution); or
442	442	(O) Section 20A.02(a)(7) or (8) (trafficking of
443	443	persons);
444	444	(4) the parent voluntarily left the child alone or in
445	445	the possession of another person not the parent of the child for at
446	446	least six months without expressing an intent to return and without
447	447	providing adequate support for the child;
448	448	(5) the parent has been convicted for:
449	449	(A) the murder of another child of the parent and
450	450	the offense would have been an offense under 18 U.S.C. Section
451	451	1111(a) if the offense had occurred in the special maritime or
452	452	territorial jurisdiction of the United States;
453	453	(B) the voluntary manslaughter of another child
454	454	of the parent and the offense would have been an offense under 18
455	455	U.S.C. Section 1112(a) if the offense had occurred in the special
456	456	maritime or territorial jurisdiction of the United States;
457	457	(C) aiding or abetting, attempting, conspiring,
458	458	or soliciting an offense under Paragraph (A) or (B); or
459	459	(D) the felony assault of the child or another
460	460	child of the parent that resulted in serious bodily injury to the
461	461	child or another child of the parent; or
462	462	(6) the parent is required under any state or federal
463	463	law to register with a sex offender registry.
464	464	SECTION 7. Section 250.006(a), Health and Safety Code, is
465	465	amended to read as follows:
466	466	(a) A person for whom the facility or the individual
467	467	employer is entitled to obtain criminal history record information
468	468	may not be employed in a facility or by an individual employer if
469	469	the person has been convicted of an offense listed in this
470	470	subsection:
471	471	(1) an offense under Chapter 19, Penal Code (criminal
472	472	homicide);
473	473	(2) an offense under Chapter 20, Penal Code
474	474	(kidnapping, unlawful restraint, and smuggling of persons);
475	475	(3) an offense under Section 21.02, Penal Code
476	476	(continuous sexual abuse of young child or disabled individual), or
477	477	Section 21.11, Penal Code (indecency with a child);
478	478	(4) an offense under Section 22.011, Penal Code
479	479	(sexual assault);
480	480	(5) an offense under Section 22.02, Penal Code
481	481	(aggravated assault);
482	482	(6) an offense under Section 22.04, Penal Code (injury
483	483	to a child, elderly individual, or disabled individual);
484	484	(7) an offense under Section 22.041, Penal Code
485	485	(abandoning or endangering a child, elderly individual, or disabled
486	486	individual);
487	487	(8) an offense under Section 22.08, Penal Code (aiding
488	488	suicide);
489	489	(9) an offense under Section 25.031, Penal Code
490	490	(agreement to abduct from custody);
491	491	(10) an offense under Section 25.08, Penal Code (sale
492	492	or purchase of child);
493	493	(11) an offense under Section 28.02, Penal Code
494	494	(arson);
495	495	(12) an offense under Section 29.02, Penal Code
496	496	(robbery);
497	497	(13) an offense under Section 29.03, Penal Code
498	498	(aggravated robbery);
499	499	(14) an offense under Section 21.08, Penal Code
500	500	(indecent exposure);
501	501	(15) an offense under Section 21.12, Penal Code
502	502	(improper relationship between educator and student);
503	503	(16) an offense under Section 21.15, Penal Code
504	504	(invasive visual recording);
505	505	(17) an offense under Section 22.05, Penal Code
506	506	(deadly conduct);
507	507	(18) an offense under Section 22.021, Penal Code
508	508	(aggravated sexual assault);
509	509	(19) an offense under Section 22.07, Penal Code
510	510	(terroristic threat);
511	511	(20) an offense under Section 32.53, Penal Code
512	512	(exploitation of child, elderly individual, or disabled
513	513	individual);
514	514	(21) an offense under Section 33.021, Penal Code
515	515	(online solicitation of a minor);
516	516	(22) an offense under Section 34.02, Penal Code (money
517	517	laundering);
518	518	(23) an offense under Section 35A.02, Penal Code
519	519	(health care fraud);
520	520	(24) an offense under Section 36.06, Penal Code
521	521	(obstruction or retaliation);
522	522	(25) an offense under Section 42.09, Penal Code
523	523	(cruelty to livestock animals), or under Section 42.092, Penal Code
524	524	(cruelty to nonlivestock animals); or
525	525	(26) a conviction under the laws of another state,
526	526	federal law, or the Uniform Code of Military Justice for an offense
527	527	containing elements that are substantially similar to the elements
528	528	of an offense listed by this subsection.
529	529	SECTION 8. Section 301.4535(a), Occupations Code, is
530	530	amended to read as follows:
531	531	(a) The board shall suspend a nurse's license or refuse to
532	532	issue a license to an applicant on proof that the nurse or applicant
533	533	has been initially convicted of:
534	534	(1) murder under Section 19.02, Penal Code, capital
535	535	murder under Section 19.03, Penal Code, or manslaughter under
536	536	Section 19.04, Penal Code;
537	537	(2) kidnapping or unlawful restraint under Chapter 20,
538	538	Penal Code, and the offense was punished as a felony or state jail
539	539	felony;
540	540	(3) sexual assault under Section 22.011, Penal Code;
541	541	(4) aggravated sexual assault under Section 22.021,
542	542	Penal Code;
543	543	(5) continuous sexual abuse of young child or disabled
544	544	individual under Section 21.02, Penal Code, or indecency with a
545	545	child under Section 21.11, Penal Code;
546	546	(6) aggravated assault under Section 22.02, Penal
547	547	Code;
548	548	(7) intentionally, knowingly, or recklessly injuring
549	549	a child, elderly individual, or disabled individual under Section
550	550	22.04, Penal Code;
551	551	(8) intentionally, knowingly, or recklessly
552	552	abandoning or endangering a child, elderly individual, or disabled
553	553	individual under Section 22.041, Penal Code;
554	554	(9) aiding suicide under Section 22.08, Penal Code,
555	555	and the offense was punished as a state jail felony;
556	556	(10) an offense involving a violation of certain court
557	557	orders or conditions of bond under Section 25.07, 25.071, or
558	558	25.072, Penal Code, punished as a felony;
559	559	(11) an agreement to abduct a child from custody under
560	560	Section 25.031, Penal Code;
561	561	(12) the sale or purchase of a child under Section
562	562	25.08, Penal Code;
563	563	(13) robbery under Section 29.02, Penal Code;
564	564	(14) aggravated robbery under Section 29.03, Penal
565	565	Code;
566	566	(15) an offense for which a defendant is required to
567	567	register as a sex offender under Chapter 62, Code of Criminal
568	568	Procedure; or
569	569	(16) an offense under the law of another state,
570	570	federal law, or the Uniform Code of Military Justice that contains
571	571	elements that are substantially similar to the elements of an
572	572	offense listed in this subsection.
573	573	SECTION 9. The changes in law made by this Act apply only to
574	574	an offense committed on or after the effective date of this Act. An
575	575	offense committed before the effective date of this Act is governed
576	576	by the law in effect on the date the offense was committed, and the
577	577	former law is continued in effect for that purpose. For purposes of
578	578	this section, an offense was committed before the effective date of
579	579	this Act if any element of the offense was committed before that
580	580	date.
581	581	SECTION 10. This Act takes effect September 1, 2023.
582	582	______________________________ ______________________________
583	583	President of the Senate Speaker of the House
584	584	I certify that H.B. No. 2187 was passed by the House on May 9,
585	585	2023, by the following vote: Yeas 140, Nays 2, 2 present, not
586	586	voting.
587	587	______________________________
588	588	Chief Clerk of the House
589	589	I certify that H.B. No. 2187 was passed by the Senate on May
590	590	24, 2023, by the following vote: Yeas 31, Nays 0.
591	591	______________________________
592	592	Secretary of the Senate
593	593	APPROVED: _____________________
594	594	Date
595	595	_____________________
596	596	Governor