Texas 2023 - 88th Regular

Texas House Bill HB4642 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20779 LHC-F
2	2	By: Guillen H.B. No. 4642
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to offenses involving the manufacture or delivery of
8	8	certain controlled substances and the enforcement and prevention of
9	9	those offenses; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.32(b), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(b) Unless good cause exists that makes electronic
14	14	recording infeasible, a law enforcement agency shall make a
15	15	complete and contemporaneous electronic recording of any custodial
16	16	interrogation that occurs in a place of detention and is of a person
17	17	suspected of committing or charged with the commission of an
18	18	offense under:
19	19	(1) Section 19.02, Penal Code (murder);
20	20	(2) Section 19.03, Penal Code (capital murder);
21	21	(3) Section 19.07, Penal Code (lethal opioid
22	22	poisoning);
23	23	(4) Section 20.03, Penal Code (kidnapping);
24	24	(5) [(4)] Section 20.04, Penal Code (aggravated
25	25	kidnapping);
26	26	(6) [(5)] Section 20A.02, Penal Code (trafficking of
27	27	persons);
28	28	(7) [(6)] Section 20A.03, Penal Code (continuous
29	29	trafficking of persons);
30	30	(8) [(7)] Section 21.02, Penal Code (continuous
31	31	sexual abuse of young child or disabled individual);
32	32	(9) [(8)] Section 21.11, Penal Code (indecency with a
33	33	child);
34	34	(10) [(9)] Section 21.12, Penal Code (improper
35	35	relationship between educator and student);
36	36	(11) [(10)] Section 22.011, Penal Code (sexual
37	37	assault);
38	38	(12) [(11)] Section 22.021, Penal Code (aggravated
39	39	sexual assault); or
40	40	(13) [(12)] Section 43.25, Penal Code (sexual
41	41	performance by a child).
42	42	SECTION 2. Article 12.01, Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	Art. 12.01. FELONIES. Except as provided in Article 12.03,
45	45	felony indictments may be presented within these limits, and not
46	46	afterward:
47	47	(1) no limitation:
48	48	(A) murder and manslaughter;
49	49	(B) sexual assault under Section 22.011(a)(2),
50	50	Penal Code, or aggravated sexual assault under Section
51	51	22.021(a)(1)(B), Penal Code;
52	52	(C) sexual assault, if:
53	53	(i) during the investigation of the offense
54	54	biological matter is collected and the matter:
55	55	(a) has not yet been subjected to
56	56	forensic DNA testing; or
57	57	(b) has been subjected to forensic DNA
58	58	testing and the testing results show that the matter does not match
59	59	the victim or any other person whose identity is readily
60	60	ascertained; or
61	61	(ii) probable cause exists to believe that
62	62	the defendant has committed the same or a similar sex offense
63	63	against five or more victims;
64	64	(D) continuous sexual abuse of young child or
65	65	disabled individual under Section 21.02, Penal Code;
66	66	(E) indecency with a child under Section 21.11,
67	67	Penal Code;
68	68	(F) an offense involving leaving the scene of an
69	69	accident under Section 550.021, Transportation Code, if the
70	70	accident resulted in the death of a person;
71	71	(G) trafficking of persons under Section
72	72	20A.02(a)(7) or (8), Penal Code;
73	73	(H) continuous trafficking of persons under
74	74	Section 20A.03, Penal Code; [or]
75	75	(I) compelling prostitution under Section
76	76	43.05(a)(2), Penal Code; or
77	77	(J) lethal opioid poisoning under Section 19.07,
78	78	Penal Code;
79	79	(2) ten years from the date of the commission of the
80	80	offense:
81	81	(A) theft of any estate, real, personal or mixed,
82	82	by an executor, administrator, guardian or trustee, with intent to
83	83	defraud any creditor, heir, legatee, ward, distributee,
84	84	beneficiary or settlor of a trust interested in such estate;
85	85	(B) theft by a public servant of government
86	86	property over which the public servant exercises control in the
87	87	public servant's official capacity;
88	88	(C) forgery or the uttering, using, or passing of
89	89	forged instruments;
90	90	(D) injury to an elderly or disabled individual
91	91	punishable as a felony of the first degree under Section 22.04,
92	92	Penal Code;
93	93	(E) sexual assault, except as provided by
94	94	Subdivision (1) or (7);
95	95	(F) arson;
96	96	(G) trafficking of persons under Section
97	97	20A.02(a)(1), (2), (3), or (4), Penal Code; or
98	98	(H) compelling prostitution under Section
99	99	43.05(a)(1), Penal Code;
100	100	(3) seven years from the date of the commission of the
101	101	offense:
102	102	(A) misapplication of fiduciary property or
103	103	property of a financial institution;
104	104	(B) fraudulent securing of document execution;
105	105	(C) a felony violation under Chapter 162, Tax
106	106	Code;
107	107	(D) false statement to obtain property or credit
108	108	under Section 32.32, Penal Code;
109	109	(E) money laundering;
110	110	(F) credit card or debit card abuse under Section
111	111	32.31, Penal Code;
112	112	(G) fraudulent use or possession of identifying
113	113	information under Section 32.51, Penal Code;
114	114	(H) exploitation of a child, elderly individual,
115	115	or disabled individual under Section 32.53, Penal Code;
116	116	(I) health care fraud under Section 35A.02, Penal
117	117	Code; or
118	118	(J) bigamy under Section 25.01, Penal Code,
119	119	except as provided by Subdivision (6);
120	120	(4) five years from the date of the commission of the
121	121	offense:
122	122	(A) theft or robbery;
123	123	(B) except as provided by Subdivision (5),
124	124	kidnapping or burglary;
125	125	(C) injury to an elderly or disabled individual
126	126	that is not punishable as a felony of the first degree under Section
127	127	22.04, Penal Code;
128	128	(D) abandoning or endangering a child; or
129	129	(E) insurance fraud;
130	130	(5) if the investigation of the offense shows that the
131	131	victim is younger than 17 years of age at the time the offense is
132	132	committed, 20 years from the 18th birthday of the victim of one of
133	133	the following offenses:
134	134	(A) sexual performance by a child under Section
135	135	43.25, Penal Code;
136	136	(B) aggravated kidnapping under Section
137	137	20.04(a)(4), Penal Code, if the defendant committed the offense
138	138	with the intent to violate or abuse the victim sexually; or
139	139	(C) burglary under Section 30.02, Penal Code, if
140	140	the offense is punishable under Subsection (d) of that section and
141	141	the defendant committed the offense with the intent to commit an
142	142	offense described by Subdivision (1)(B) or (D) of this article or
143	143	Paragraph (B) of this subdivision;
144	144	(6) ten years from the 18th birthday of the victim of
145	145	the offense:
146	146	(A) trafficking of persons under Section
147	147	20A.02(a)(5) or (6), Penal Code;
148	148	(B) injury to a child under Section 22.04, Penal
149	149	Code; or
150	150	(C) bigamy under Section 25.01, Penal Code, if
151	151	the investigation of the offense shows that the person, other than
152	152	the legal spouse of the defendant, whom the defendant marries or
153	153	purports to marry or with whom the defendant lives under the
154	154	appearance of being married is younger than 18 years of age at the
155	155	time the offense is committed;
156	156	(7) two years from the date the offense was
157	157	discovered: sexual assault punishable as a state jail felony under
158	158	Section 22.011(f)(2), Penal Code; or
159	159	(8) three years from the date of the commission of the
160	160	offense: all other felonies.
161	161	SECTION 3. Article 17.03(b-2), Code of Criminal Procedure,
162	162	is amended to read as follows:
163	163	(b-2) Except as provided by Articles 15.21, 17.033, and
164	164	17.151, a defendant may not be released on personal bond if the
165	165	defendant:
166	166	(1) is charged with:
167	167	(A) an offense involving violence; or
168	168	(B) an offense under Section 19.07, Penal Code
169	169	(lethal opioid poisoning); or
170	170	(2) while released on bail or community supervision
171	171	for an offense described by Subdivision (1) [involving violence],
172	172	is charged with committing:
173	173	(A) any offense punishable as a felony; or
174	174	(B) an offense under the following provisions of
175	175	the Penal Code:
176	176	(i) Section 22.01(a)(1) (assault);
177	177	(ii) Section 22.05 (deadly conduct);
178	178	(iii) Section 22.07 (terroristic threat);
179	179	or
180	180	(iv) Section 42.01(a)(7) or (8) (disorderly
181	181	conduct involving firearm).
182	182	SECTION 4. Article 17.032(b), Code of Criminal Procedure,
183	183	is amended to read as follows:
184	184	(b) Notwithstanding Article 17.03(b), or a bond schedule
185	185	adopted or a standing order entered by a judge, a magistrate shall
186	186	release a defendant on personal bond unless good cause is shown
187	187	otherwise if:
188	188	(1) the defendant is not charged with and has not been
189	189	previously convicted of a violent offense or an offense under
190	190	Section 19.07, Penal Code;
191	191	(2) the defendant is examined by the service provider
192	192	that contracts with the jail to provide mental health or
193	193	intellectual and developmental disability services, the local
194	194	mental health authority, the local intellectual and developmental
195	195	disability authority, or another qualified mental health or
196	196	intellectual and developmental disability expert under Article
197	197	16.22;
198	198	(3) the applicable expert, in a written report
199	199	submitted to the magistrate under Article 16.22:
200	200	(A) concludes that the defendant has a mental
201	201	illness or is a person with an intellectual disability and is
202	202	nonetheless competent to stand trial; and
203	203	(B) recommends mental health treatment or
204	204	intellectual and developmental disability services for the
205	205	defendant, as applicable;
206	206	(4) the magistrate determines, in consultation with
207	207	the local mental health authority or local intellectual and
208	208	developmental disability authority, that appropriate
209	209	community-based mental health or intellectual and developmental
210	210	disability services for the defendant are available in accordance
211	211	with Section 534.053 or 534.103, Health and Safety Code, or through
212	212	another mental health or intellectual and developmental disability
213	213	services provider; and
214	214	(5) the magistrate finds, after considering all the
215	215	circumstances, a pretrial risk assessment, if applicable, and any
216	216	other credible information provided by the attorney representing
217	217	the state or the defendant, that release on personal bond would
218	218	reasonably ensure the defendant's appearance in court as required
219	219	and the safety of the community and the victim of the alleged
220	220	offense.
221	221	SECTION 5. Article 17.50(b), Code of Criminal Procedure, is
222	222	amended to read as follows:
223	223	(b) As soon as practicable but not later than the next day
224	224	after the date a magistrate issues an order imposing a condition of
225	225	bond on a defendant under this chapter for a violent offense or an
226	226	offense under Section 19.07, Penal Code, the magistrate shall
227	227	notify the sheriff of the condition and provide to the sheriff the
228	228	following information:
229	229	(1) the information listed in Section 411.042(b)(6),
230	230	Government Code, as that information relates to an order described
231	231	by this subsection;
232	232	(2) the name and address of any named person the
233	233	condition of bond is intended to protect, and if different and
234	234	applicable, the name and address of the victim of the alleged
235	235	offense;
236	236	(3) the date the order releasing the defendant on bond
237	237	was issued; and
238	238	(4) the court that issued the order releasing the
239	239	defendant on bond.
240	240	SECTION 6. Article 18A.101, Code of Criminal Procedure, is
241	241	amended to read as follows:
242	242	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
243	243	ISSUED. A judge of competent jurisdiction may issue an
244	244	interception order only if the prosecutor applying for the order
245	245	shows probable cause to believe that the interception will provide
246	246	evidence of the commission of:
247	247	(1) a felony under any of the following provisions of
248	248	the Health and Safety Code:
249	249	(A) Chapter 481, other than felony possession of
250	250	marihuana;
251	251	(B) Chapter 483; or
252	252	(C) Section 485.032;
253	253	(2) an offense under any of the following provisions
254	254	of the Penal Code:
255	255	(A) Section 19.02;
256	256	(B) Section 19.03;
257	257	(C) Section 19.07;
258	258	(D) Section 20.03;
259	259	(E) [(D)] Section 20.04;
260	260	(F) [(E)] Chapter 20A;
261	261	(G) [(F)] Chapter 34, if the criminal activity
262	262	giving rise to the proceeds involves the commission of an offense
263	263	under Title 5, Penal Code, or an offense under federal law or the
264	264	laws of another state containing elements that are substantially
265	265	similar to the elements of an offense under Title 5;
266	266	(H) [(G)] Section 38.11;
267	267	(I) [(H)] Section 43.04;
268	268	(J) [(I)] Section 43.041;
269	269	(K) [(J)] Section 43.05; or
270	270	(L) [(K)] Section 43.26; or
271	271	(3) an attempt, conspiracy, or solicitation to commit
272	272	an offense listed in Subdivision (1) or (2).
273	273	SECTION 7. Section 1, Article 38.071, Code of Criminal
274	274	Procedure, is amended to read as follows:
275	275	Sec. 1. This article applies only to a hearing or proceeding
276	276	in which the court determines that a child younger than 13 years of
277	277	age would be unavailable to testify in the presence of the defendant
278	278	about an offense defined by any of the following sections of the
279	279	Penal Code:
280	280	(1) Section 19.02 (Murder);
281	281	(2) Section 19.03 (Capital Murder);
282	282	(3) Section 19.04 (Manslaughter);
283	283	(4) Section 19.07 (Lethal Opioid Poisoning);
284	284	(5) Section 20.04 (Aggravated Kidnapping);
285	285	(6) [(5)] Section 21.11 (Indecency with a Child);
286	286	(7) [(6)] Section 22.011 (Sexual Assault);
287	287	(8) [(7)] Section 22.02 (Aggravated Assault);
288	288	(9) [(8)] Section 22.021 (Aggravated Sexual Assault);
289	289	(10) [(9)] Section 22.04(e) (Injury to a Child,
290	290	Elderly Individual, or Disabled Individual);
291	291	(11) [(10)] Section 22.04(f) (Injury to a Child,
292	292	Elderly Individual, or Disabled Individual), if the conduct is
293	293	committed intentionally or knowingly;
294	294	(12) [(11)] Section 25.02 (Prohibited Sexual
295	295	Conduct);
296	296	(13) [(12)] Section 29.03 (Aggravated Robbery);
297	297	(14) [(13)] Section 43.25 (Sexual Performance by a
298	298	Child);
299	299	(15) [(14)] Section 21.02 (Continuous Sexual Abuse of
300	300	Young Child or Disabled Individual);
301	301	(16) [(15)] Section 43.05(a)(2) (Compelling
302	302	Prostitution); or
303	303	(17) [(16)] Section 20A.02(a)(7) or (8) (Trafficking
304	304	of Persons).
305	305	SECTION 8. Article 42A.054(a), Code of Criminal Procedure,
306	306	is amended to read as follows:
307	307	(a) Article 42A.053 does not apply to a defendant adjudged
308	308	guilty of an offense under:
309	309	(1) Section 15.03, Penal Code, if the offense is
310	310	punishable as a felony of the first degree;
311	311	(2) Section 19.02, Penal Code (Murder);
312	312	(3) Section 19.03, Penal Code (Capital Murder);
313	313	(4) Section 20.04, Penal Code (Aggravated
314	314	Kidnapping);
315	315	(5) Section 20A.02, Penal Code (Trafficking of
316	316	Persons);
317	317	(6) Section 20A.03, Penal Code (Continuous
318	318	Trafficking of Persons);
319	319	(7) Section 21.11, Penal Code (Indecency with a
320	320	Child);
321	321	(8) Section 22.011, Penal Code (Sexual Assault);
322	322	(9) Section 22.021, Penal Code (Aggravated Sexual
323	323	Assault);
324	324	(10) Section 22.04(a)(1), Penal Code (Injury to a
325	325	Child, Elderly Individual, or Disabled Individual), if:
326	326	(A) the offense is punishable as a felony of the
327	327	first degree; and
328	328	(B) the victim of the offense is a child;
329	329	(11) Section 29.03, Penal Code (Aggravated Robbery);
330	330	(12) Section 30.02, Penal Code (Burglary), if:
331	331	(A) the offense is punishable under Subsection
332	332	(d) of that section; and
333	333	(B) the actor committed the offense with the
334	334	intent to commit a felony under Section 21.02, 21.11, 22.011,
335	335	22.021, or 25.02, Penal Code;
336	336	(13) Section 43.04, Penal Code (Aggravated Promotion
337	337	of Prostitution);
338	338	(14) Section 43.05, Penal Code (Compelling
339	339	Prostitution);
340	340	(15) Section 43.25, Penal Code (Sexual Performance by
341	341	a Child);
342	342	(16) Chapter 481, Health and Safety Code, for which
343	343	punishment is increased under:
344	344	(A) Section 481.140 of that code (Use of Child in
345	345	Commission of Offense); or
346	346	(B) Section 481.134(c), (d), (e), or (f) of that
347	347	code (Drug-free Zones) if it is shown that the defendant has been
348	348	previously convicted of an offense for which punishment was
349	349	increased under any of those subsections; [or]
350	350	(17) Section 481.1123, Health and Safety Code
351	351	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
352	352	offense is punishable under Subsection (d), (e), or (f) of that
353	353	section; or
354	354	(18) Section 19.07, Penal Code (Lethal Opioid
355	355	Poisoning).
356	356	SECTION 9. Article 42A.056, Code of Criminal Procedure, is
357	357	amended to read as follows:
358	358	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
359	359	SUPERVISION. A defendant is not eligible for community supervision
360	360	under Article 42A.055 if the defendant:
361	361	(1) is sentenced to a term of imprisonment that
362	362	exceeds 10 years;
363	363	(2) is convicted of a state jail felony for which
364	364	suspension of the imposition of the sentence occurs automatically
365	365	under Article 42A.551;
366	366	(3) is adjudged guilty of an offense under Section
367	367	19.02 or 19.07, Penal Code;
368	368	(4) is convicted of an offense under Section 21.11,
369	369	22.011, or 22.021, Penal Code, if the victim of the offense was
370	370	younger than 14 years of age at the time the offense was committed;
371	371	(5) is convicted of an offense under Section 20.04,
372	372	Penal Code, if:
373	373	(A) the victim of the offense was younger than 14
374	374	years of age at the time the offense was committed; and
375	375	(B) the actor committed the offense with the
376	376	intent to violate or abuse the victim sexually;
377	377	(6) is convicted of an offense under Section 20A.02,
378	378	20A.03, 43.04, 43.05, or 43.25, Penal Code;
379	379	(7) is convicted of an offense for which punishment is
380	380	increased under Section 481.134(c), (d), (e), or (f), Health and
381	381	Safety Code, if it is shown that the defendant has been previously
382	382	convicted of an offense for which punishment was increased under
383	383	any of those subsections; or
384	384	(8) is convicted of an offense under Section 481.1123,
385	385	Health and Safety Code, if the offense is punishable under
386	386	Subsection (d), (e), or (f) of that section.
387	387	SECTION 10. Article 42A.102(b), Code of Criminal Procedure,
388	388	is amended to read as follows:
389	389	(b) In all other cases, the judge may grant deferred
390	390	adjudication community supervision unless:
391	391	(1) the defendant is charged with an offense:
392	392	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
393	393	49.065, 49.07, or 49.08, Penal Code;
394	394	(B) under Section 49.04 or 49.06, Penal Code,
395	395	and, at the time of the offense:
396	396	(i) the defendant held a commercial
397	397	driver's license or a commercial learner's permit; or
398	398	(ii) the defendant's alcohol concentration,
399	399	as defined by Section 49.01, Penal Code, was 0.15 or more;
400	400	(C) for which punishment may be increased under
401	401	Section 49.09, Penal Code;
402	402	(D) for which punishment may be increased under
403	403	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
404	404	is shown that the defendant has been previously convicted of an
405	405	offense for which punishment was increased under any one of those
406	406	subsections; or
407	407	(E) under Section 481.1123, Health and Safety
408	408	Code, that is punishable under Subsection (d), (e), or (f) of that
409	409	section;
410	410	(2) the defendant:
411	411	(A) is charged with an offense under Section
412	412	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
413	413	the age of the victim, or a felony described by Article 42A.453(b),
414	414	other than a felony described by Subdivision (1)(A) or (3)(B) of
415	415	this subsection; and
416	416	(B) has previously been placed on community
417	417	supervision for an offense under Paragraph (A);
418	418	(3) the defendant is charged with an offense under:
419	419	(A) Section 21.02, Penal Code; [or]
420	420	(B) Section 22.021, Penal Code, that is
421	421	punishable under Subsection (f) of that section or under Section
422	422	12.42(c)(3) or (4), Penal Code; or
423	423	(C) Section 19.07, Penal Code; or
424	424	(4) the defendant is charged with an offense under
425	425	Section 19.02, Penal Code, except that the judge may grant deferred
426	426	adjudication community supervision on determining that the
427	427	defendant did not cause the death of the deceased, did not intend to
428	428	kill the deceased or another, and did not anticipate that a human
429	429	life would be taken.
430	430	SECTION 11. Section 37.007(a), Education Code, is amended
431	431	to read as follows:
432	432	(a) Except as provided by Subsection (k), a student shall be
433	433	expelled from a school if the student, on school property or while
434	434	attending a school-sponsored or school-related activity on or off
435	435	of school property:
436	436	(1) engages in conduct that contains the elements of
437	437	the offense of unlawfully carrying weapons under Section 46.02,
438	438	Penal Code, or elements of an offense relating to prohibited
439	439	weapons under Section 46.05, Penal Code;
440	440	(2) engages in conduct that contains the elements of
441	441	the offense of:
442	442	(A) aggravated assault under Section 22.02,
443	443	Penal Code, sexual assault under Section 22.011, Penal Code, or
444	444	aggravated sexual assault under Section 22.021, Penal Code;
445	445	(B) arson under Section 28.02, Penal Code;
446	446	(C) murder under Section 19.02, Penal Code,
447	447	capital murder under Section 19.03, Penal Code, or criminal
448	448	attempt, under Section 15.01, Penal Code, to commit murder or
449	449	capital murder;
450	450	(D) indecency with a child under Section 21.11,
451	451	Penal Code;
452	452	(E) aggravated kidnapping under Section 20.04,
453	453	Penal Code;
454	454	(F) aggravated robbery under Section 29.03,
455	455	Penal Code;
456	456	(G) manslaughter under Section 19.04, Penal
457	457	Code;
458	458	(H) criminally negligent homicide under Section
459	459	19.05, Penal Code; [or]
460	460	(I) continuous sexual abuse of young child or
461	461	disabled individual under Section 21.02, Penal Code; or
462	462	(J) lethal opioid poisoning under Section 19.07,
463	463	Penal Code; or
464	464	(3) engages in conduct specified by Section
465	465	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
466	466	SECTION 12. Section 201.062(a), Estates Code, is amended to
467	467	read as follows:
468	468	(a) A probate court may enter an order declaring that the
469	469	parent of a child under 18 years of age may not inherit from or
470	470	through the child under the laws of descent and distribution if the
471	471	court finds by clear and convincing evidence that the parent has:
472	472	(1) voluntarily abandoned and failed to support the
473	473	child in accordance with the parent's obligation or ability for at
474	474	least three years before the date of the child's death, and did not
475	475	resume support for the child before that date;
476	476	(2) voluntarily and with knowledge of the pregnancy:
477	477	(A) abandoned the child's mother beginning at a
478	478	time during her pregnancy with the child and continuing through the
479	479	birth;
480	480	(B) failed to provide adequate support or medical
481	481	care for the mother during the period of abandonment before the
482	482	child's birth; and
483	483	(C) remained apart from and failed to support the
484	484	child since birth; or
485	485	(3) been convicted or has been placed on community
486	486	supervision, including deferred adjudication community
487	487	supervision, for being criminally responsible for the death or
488	488	serious injury of a child under the following sections of the Penal
489	489	Code or adjudicated under Title 3, Family Code, for conduct that
490	490	caused the death or serious injury of a child and that would
491	491	constitute a violation of one of the following sections of the Penal
492	492	Code:
493	493	(A) Section 19.02 (murder);
494	494	(B) Section 19.03 (capital murder);
495	495	(C) Section 19.04 (manslaughter);
496	496	(D) Section 19.07 (lethal opioid poisoning);
497	497	(E) Section 21.11 (indecency with a child);
498	498	(F) [(E)] Section 22.01 (assault);
499	499	(G) [(F)] Section 22.011 (sexual assault);
500	500	(H) [(G)] Section 22.02 (aggravated assault);
501	501	(I) [(H)] Section 22.021 (aggravated sexual
502	502	assault);
503	503	(J) [(I)] Section 22.04 (injury to a child,
504	504	elderly individual, or disabled individual);
505	505	(K) [(J)] Section 22.041 (abandoning or
506	506	endangering child);
507	507	(L) [(K)] Section 25.02 (prohibited sexual
508	508	conduct);
509	509	(M) [(L)] Section 43.25 (sexual performance by a
510	510	child); or
511	511	(N) [(M)] Section 43.26 (possession or promotion
512	512	of child pornography).
513	513	SECTION 13. Section 53.045(a), Family Code, is amended to
514	514	read as follows:
515	515	(a) Except as provided by Subsection (e), the prosecuting
516	516	attorney may refer the petition to the grand jury of the county in
517	517	which the court in which the petition is filed presides if the
518	518	petition alleges that the child engaged in delinquent conduct that
519	519	constitutes habitual felony conduct as described by Section 51.031
520	520	or that included the violation of any of the following provisions:
521	521	(1) Section 19.02, Penal Code (murder);
522	522	(2) Section 19.03, Penal Code (capital murder);
523	523	(3) Section 19.04, Penal Code (manslaughter);
524	524	(4) Section 20.04, Penal Code (aggravated
525	525	kidnapping);
526	526	(5) Section 22.011, Penal Code (sexual assault) or
527	527	Section 22.021, Penal Code (aggravated sexual assault);
528	528	(6) Section 22.02, Penal Code (aggravated assault);
529	529	(7) Section 29.03, Penal Code (aggravated robbery);
530	530	(8) Section 22.04, Penal Code (injury to a child,
531	531	elderly individual, or disabled individual), if the offense is
532	532	punishable as a felony, other than a state jail felony;
533	533	(9) Section 22.05(b), Penal Code (felony deadly
534	534	conduct involving discharging a firearm);
535	535	(10) Subchapter D, Chapter 481, Health and Safety
536	536	Code, if the conduct constitutes a felony of the first degree or an
537	537	aggravated controlled substance felony (certain offenses involving
538	538	controlled substances);
539	539	(11) Section 15.03, Penal Code (criminal
540	540	solicitation);
541	541	(12) Section 21.11(a)(1), Penal Code (indecency with a
542	542	child);
543	543	(13) Section 15.031, Penal Code (criminal
544	544	solicitation of a minor);
545	545	(14) Section 15.01, Penal Code (criminal attempt), if
546	546	the offense attempted was an offense under Section 19.02, Penal
547	547	Code (murder), or Section 19.03, Penal Code (capital murder), or an
548	548	offense listed by Article 42A.054(a), Code of Criminal Procedure;
549	549	(15) Section 28.02, Penal Code (arson), if bodily
550	550	injury or death is suffered by any person by reason of the
551	551	commission of the conduct;
552	552	(16) Section 49.08, Penal Code (intoxication
553	553	manslaughter); [or]
554	554	(17) Section 19.07, Penal Code (lethal opioid
555	555	poisoning); or
556	556	(18) Section 15.02, Penal Code (criminal conspiracy),
557	557	if the offense made the subject of the criminal conspiracy includes
558	558	a violation of any of the provisions referenced in Subdivisions (1)
559	559	through (17) [(16)].
560	560	SECTION 14. Section 161.001(b), Family Code, is amended to
561	561	read as follows:
562	562	(b) The court may order termination of the parent-child
563	563	relationship if the court finds by clear and convincing evidence:
564	564	(1) that the parent has:
565	565	(A) voluntarily left the child alone or in the
566	566	possession of another not the parent and expressed an intent not to
567	567	return;
568	568	(B) voluntarily left the child alone or in the
569	569	possession of another not the parent without expressing an intent
570	570	to return, without providing for the adequate support of the child,
571	571	and remained away for a period of at least three months;
572	572	(C) voluntarily left the child alone or in the
573	573	possession of another without providing adequate support of the
574	574	child and remained away for a period of at least six months;
575	575	(D) knowingly placed or knowingly allowed the
576	576	child to remain in conditions or surroundings which endanger the
577	577	physical or emotional well-being of the child;
578	578	(E) engaged in conduct or knowingly placed the
579	579	child with persons who engaged in conduct which endangers the
580	580	physical or emotional well-being of the child;
581	581	(F) failed to support the child in accordance
582	582	with the parent's ability during a period of one year ending within
583	583	six months of the date of the filing of the petition;
584	584	(G) abandoned the child without identifying the
585	585	child or furnishing means of identification, and the child's
586	586	identity cannot be ascertained by the exercise of reasonable
587	587	diligence;
588	588	(H) voluntarily, and with knowledge of the
589	589	pregnancy, abandoned the mother of the child beginning at a time
590	590	during her pregnancy with the child and continuing through the
591	591	birth, failed to provide adequate support or medical care for the
592	592	mother during the period of abandonment before the birth of the
593	593	child, and remained apart from the child or failed to support the
594	594	child since the birth;
595	595	(I) contumaciously refused to submit to a
596	596	reasonable and lawful order of a court under Subchapter D, Chapter
597	597	261;
598	598	(J) been the major cause of:
599	599	(i) the failure of the child to be enrolled
600	600	in school as required by the Education Code; or
601	601	(ii) the child's absence from the child's
602	602	home without the consent of the parents or guardian for a
603	603	substantial length of time or without the intent to return;
604	604	(K) executed before or after the suit is filed an
605	605	unrevoked or irrevocable affidavit of relinquishment of parental
606	606	rights as provided by this chapter;
607	607	(L) been convicted or has been placed on
608	608	community supervision, including deferred adjudication community
609	609	supervision, for being criminally responsible for the death or
610	610	serious injury of a child under the following sections of the Penal
611	611	Code, or under a law of another jurisdiction that contains elements
612	612	that are substantially similar to the elements of an offense under
613	613	one of the following Penal Code sections, or adjudicated under
614	614	Title 3 for conduct that caused the death or serious injury of a
615	615	child and that would constitute a violation of one of the following
616	616	Penal Code sections:
617	617	(i) Section 19.02 (murder);
618	618	(ii) Section 19.03 (capital murder);
619	619	(iii) Section 19.04 (manslaughter);
620	620	(iv) Section 19.07 (lethal opioid
621	621	poisoning);
622	622	(v) Section 21.11 (indecency with a child);
623	623	(vi) [(v)] Section 22.01 (assault);
624	624	(vii) [(vi)] Section 22.011 (sexual
625	625	assault);
626	626	(viii) [(vii)] Section 22.02 (aggravated
627	627	assault);
628	628	(ix) [(viii)] Section 22.021 (aggravated
629	629	sexual assault);
630	630	(x) [(ix)] Section 22.04 (injury to a
631	631	child, elderly individual, or disabled individual);
632	632	(xi) [(x)] Section 22.041 (abandoning or
633	633	endangering child);
634	634	(xii) [(xi)] Section 25.02 (prohibited
635	635	sexual conduct);
636	636	(xiii) [(xii)] Section 43.25 (sexual
637	637	performance by a child);
638	638	(xiv) [(xiii)] Section 43.26 (possession or
639	639	promotion of child pornography);
640	640	(xv) [(xiv)] Section 21.02 (continuous
641	641	sexual abuse of young child or disabled individual);
642	642	(xvi) [(xv)] Section 20A.02(a)(7) or (8)
643	643	(trafficking of persons); and
644	644	(xvii) [(xvi)] Section 43.05(a)(2)
645	645	(compelling prostitution);
646	646	(M) had his or her parent-child relationship
647	647	terminated with respect to another child based on a finding that the
648	648	parent's conduct was in violation of Paragraph (D) or (E) or
649	649	substantially equivalent provisions of the law of another state;
650	650	(N) constructively abandoned the child who has
651	651	been in the permanent or temporary managing conservatorship of the
652	652	Department of Family and Protective Services for not less than six
653	653	months, and:
654	654	(i) the department has made reasonable
655	655	efforts to return the child to the parent;
656	656	(ii) the parent has not regularly visited
657	657	or maintained significant contact with the child; and
658	658	(iii) the parent has demonstrated an
659	659	inability to provide the child with a safe environment;
660	660	(O) failed to comply with the provisions of a
661	661	court order that specifically established the actions necessary for
662	662	the parent to obtain the return of the child who has been in the
663	663	permanent or temporary managing conservatorship of the Department
664	664	of Family and Protective Services for not less than nine months as a
665	665	result of the child's removal from the parent under Chapter 262 for
666	666	the abuse or neglect of the child;
667	667	(P) used a controlled substance, as defined by
668	668	Chapter 481, Health and Safety Code, in a manner that endangered the
669	669	health or safety of the child, and:
670	670	(i) failed to complete a court-ordered
671	671	substance abuse treatment program; or
672	672	(ii) after completion of a court-ordered
673	673	substance abuse treatment program, continued to abuse a controlled
674	674	substance;
675	675	(Q) knowingly engaged in criminal conduct that
676	676	has resulted in the parent's:
677	677	(i) conviction of an offense; and
678	678	(ii) confinement or imprisonment and
679	679	inability to care for the child for not less than two years from the
680	680	date of filing the petition;
681	681	(R) been the cause of the child being born
682	682	addicted to alcohol or a controlled substance, other than a
683	683	controlled substance legally obtained by prescription;
684	684	(S) voluntarily delivered the child to a
685	685	designated emergency infant care provider under Section 262.302
686	686	without expressing an intent to return for the child;
687	687	(T) been convicted of:
688	688	(i) the murder of the other parent of the
689	689	child under Section 19.02 or 19.03, Penal Code, or under a law of
690	690	another state, federal law, the law of a foreign country, or the
691	691	Uniform Code of Military Justice that contains elements that are
692	692	substantially similar to the elements of an offense under Section
693	693	19.02 or 19.03, Penal Code;
694	694	(ii) criminal attempt under Section 15.01,
695	695	Penal Code, or under a law of another state, federal law, the law of
696	696	a foreign country, or the Uniform Code of Military Justice that
697	697	contains elements that are substantially similar to the elements of
698	698	an offense under Section 15.01, Penal Code, to commit the offense
699	699	described by Subparagraph (i);
700	700	(iii) criminal solicitation under Section
701	701	15.03, Penal Code, or under a law of another state, federal law, the
702	702	law of a foreign country, or the Uniform Code of Military Justice
703	703	that contains elements that are substantially similar to the
704	704	elements of an offense under Section 15.03, Penal Code, of the
705	705	offense described by Subparagraph (i); or
706	706	(iv) the sexual assault of the other parent
707	707	of the child under Section 22.011 or 22.021, Penal Code, or under a
708	708	law of another state, federal law, or the Uniform Code of Military
709	709	Justice that contains elements that are substantially similar to
710	710	the elements of an offense under Section 22.011 or 22.021, Penal
711	711	Code; or
712	712	(U) been placed on community supervision,
713	713	including deferred adjudication community supervision, or another
714	714	functionally equivalent form of community supervision or
715	715	probation, for being criminally responsible for the sexual assault
716	716	of the other parent of the child under Section 22.011 or 22.021,
717	717	Penal Code, or under a law of another state, federal law, or the
718	718	Uniform Code of Military Justice that contains elements that are
719	719	substantially similar to the elements of an offense under Section
720	720	22.011 or 22.021, Penal Code; and
721	721	(2) that termination is in the best interest of the
722	722	child.
723	723	SECTION 15. Section 262.2015(b), Family Code, is amended to
724	724	read as follows:
725	725	(b) The court may find under Subsection (a) that a parent
726	726	has subjected the child to aggravated circumstances if:
727	727	(1) the parent abandoned the child without
728	728	identification or a means for identifying the child;
729	729	(2) the child or another child of the parent is a
730	730	victim of serious bodily injury or sexual abuse inflicted by the
731	731	parent or by another person with the parent's consent;
732	732	(3) the parent has engaged in conduct against the
733	733	child or another child of the parent that would constitute an
734	734	offense under the following provisions of the Penal Code:
735	735	(A) Section 19.02 (murder);
736	736	(B) Section 19.03 (capital murder);
737	737	(C) Section 19.04 (manslaughter);
738	738	(D) Section 21.11 (indecency with a child);
739	739	(E) Section 22.011 (sexual assault);
740	740	(F) Section 22.02 (aggravated assault);
741	741	(G) Section 22.021 (aggravated sexual assault);
742	742	(H) Section 22.04 (injury to a child, elderly
743	743	individual, or disabled individual);
744	744	(I) Section 22.041 (abandoning or endangering
745	745	child);
746	746	(J) Section 25.02 (prohibited sexual conduct);
747	747	(K) Section 43.25 (sexual performance by a
748	748	child);
749	749	(L) Section 43.26 (possession or promotion of
750	750	child pornography);
751	751	(M) Section 21.02 (continuous sexual abuse of
752	752	young child or disabled individual);
753	753	(N) Section 43.05(a)(2) (compelling
754	754	prostitution); [or]
755	755	(O) Section 20A.02(a)(7) or (8) (trafficking of
756	756	persons); or
757	757	(P) Section 19.07 (lethal opioid poisoning);
758	758	(4) the parent voluntarily left the child alone or in
759	759	the possession of another person not the parent of the child for at
760	760	least six months without expressing an intent to return and without
761	761	providing adequate support for the child;
762	762	(5) the parent has been convicted for:
763	763	(A) the murder of another child of the parent and
764	764	the offense would have been an offense under 18 U.S.C. Section
765	765	1111(a) if the offense had occurred in the special maritime or
766	766	territorial jurisdiction of the United States;
767	767	(B) the voluntary manslaughter of another child
768	768	of the parent and the offense would have been an offense under 18
769	769	U.S.C. Section 1112(a) if the offense had occurred in the special
770	770	maritime or territorial jurisdiction of the United States;
771	771	(C) aiding or abetting, attempting, conspiring,
772	772	or soliciting an offense under Paragraph (A) or (B); or
773	773	(D) the felony assault of the child or another
774	774	child of the parent that resulted in serious bodily injury to the
775	775	child or another child of the parent; or
776	776	(6) the parent is required under any state or federal
777	777	law to register with a sex offender registry.
778	778	SECTION 16. Subchapter A, Chapter 411, Government Code, is
779	779	amended by adding Section 411.02094 to read as follows:
780	780	Sec. 411.02094. FENTANYL OFFENSES ENFORCEMENT TRAINING
781	781	PROGRAM. (a) The department, in coordination with local law
782	782	enforcement agencies, shall establish and administer a fentanyl
783	783	offenses enforcement training program for peace officers employed
784	784	by local law enforcement agencies that will prepare the officers
785	785	to:
786	786	(1) collaborate and cooperate with and assist any law
787	787	enforcement agency in the interdiction, investigation, and
788	788	prosecution of offenses under Section 481.1123, Health and Safety
789	789	Code; and
790	790	(2) collaborate and cooperate with and assist district
791	791	attorneys, county attorneys, the border prosecution unit, and other
792	792	prosecutors in the investigation and prosecution of allegations of
793	793	offenses under Section 481.1123, Health and Safety Code.
794	794	(b) The training program under Subsection (a) must include:
795	795	(1) information on:
796	796	(A) criminal activity related to a controlled
797	797	substance listed in Penalty Group 1-B under Section 481.1022,
798	798	Health and Safety Code, occurring along the Texas-Mexico border,
799	799	including manufacture and delivery of those controlled substances
800	800	carried out by cartels, transnational gangs, and other groups
801	801	engaged in organized criminal activity; and
802	802	(B) methods for identifying intrastate criminal
803	803	activity associated with the manufacture or delivery of a
804	804	controlled substance listed in Penalty Group 1-B under Section
805	805	481.1022, Health and Safety Code, and other organized criminal
806	806	activity related to those controlled substances; and
807	807	(2) best practices for:
808	808	(A) investigating and prosecuting the criminal
809	809	activity described by Subdivision (1); and
810	810	(B) the safest method, as determined by the
811	811	Health and Human Services Commission, for handling a controlled
812	812	substance listed in Penalty Group 1-B under Section 481.1022,
813	813	Health and Safety Code.
814	814	SECTION 17. Section 411.074(b), Government Code, is amended
815	815	to read as follows:
816	816	(b) A person may not be granted an order of nondisclosure of
817	817	criminal history record information under this subchapter and is
818	818	not entitled to petition the court for an order of nondisclosure
819	819	under this subchapter if:
820	820	(1) the person requests the order of nondisclosure
821	821	for, or the person has been previously convicted of or placed on
822	822	deferred adjudication community supervision for:
823	823	(A) an offense requiring registration as a sex
824	824	offender under Chapter 62, Code of Criminal Procedure;
825	825	(B) an offense under Section 20.04, Penal Code,
826	826	regardless of whether the offense is a reportable conviction or
827	827	adjudication for purposes of Chapter 62, Code of Criminal
828	828	Procedure;
829	829	(C) an offense under Section 19.02, 19.03, 19.07,
830	830	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
831	831	Code; or
832	832	(D) any other offense involving family violence,
833	833	as defined by Section 71.004, Family Code; or
834	834	(2) the court makes an affirmative finding that the
835	835	offense for which the order of nondisclosure is requested involved
836	836	family violence, as defined by Section 71.004, Family Code.
837	837	SECTION 18. Section 411.1471(a), Government Code, is
838	838	amended to read as follows:
839	839	(a) This section applies to a defendant who is:
840	840	(1) arrested for a felony prohibited under any of the
841	841	following Penal Code sections:
842	842	(A) Section 19.02;
843	843	(B) Section 19.03;
844	844	(C) Section 19.07;
845	845	(D) Section 20.03;
846	846	(E) [(D)] Section 20.04;
847	847	(F) [(E)] Section 20.05;
848	848	(G) [(F)] Section 20.06;
849	849	(H) [(G)] Section 20A.02;
850	850	(I) [(H)] Section 20A.03;
851	851	(J) [(I)] Section 21.02;
852	852	(K) [(J)] Section 21.11;
853	853	(L) [(K)] Section 22.01;
854	854	(M) [(L)] Section 22.011;
855	855	(N) [(M)] Section 22.02;
856	856	(O) [(N)] Section 22.021;
857	857	(P) [(O)] Section 25.02;
858	858	(Q) [(P)] Section 29.02;
859	859	(R) [(Q)] Section 29.03;
860	860	(S) [(R)] Section 30.02;
861	861	(T) [(S)] Section 31.03;
862	862	(U) [(T)] Section 43.03;
863	863	(V) [(U)] Section 43.04;
864	864	(W) [(V)] Section 43.05;
865	865	(X) [(W)] Section 43.25; or
866	866	(Y) [(X)] Section 43.26; or
867	867	(2) convicted of an offense:
868	868	(A) under Title 5, Penal Code, other than an
869	869	offense described by Subdivision (1), that is punishable as a Class
870	870	A misdemeanor or any higher category of offense, except for an
871	871	offense punishable as a Class A misdemeanor under Section 22.05,
872	872	Penal Code; or
873	873	(B) under Section 21.08, 25.04, 43.021, or 43.24,
874	874	Penal Code.
875	875	SECTION 19. Section 499.027(b), Government Code, is amended
876	876	to read as follows:
877	877	(b) An inmate is not eligible under this subchapter to be
878	878	considered for release to intensive supervision parole if:
879	879	(1) the inmate is awaiting transfer to the
880	880	institutional division, or serving a sentence, for an offense for
881	881	which the judgment contains an affirmative finding under Article
882	882	42A.054(c) or (d), Code of Criminal Procedure;
883	883	(2) the inmate is awaiting transfer to the
884	884	institutional division, or serving a sentence, for an offense
885	885	listed in one of the following sections of the Penal Code:
886	886	(A) Section 19.02 (murder);
887	887	(B) Section 19.03 (capital murder);
888	888	(C) Section 19.04 (manslaughter);
889	889	(D) Section 20.03 (kidnapping);
890	890	(E) Section 20.04 (aggravated kidnapping);
891	891	(F) Section 21.11 (indecency with a child);
892	892	(G) Section 22.011 (sexual assault);
893	893	(H) Section 22.02 (aggravated assault);
894	894	(I) Section 22.021 (aggravated sexual assault);
895	895	(J) Section 22.04 (injury to a child, elderly
896	896	individual, or disabled individual);
897	897	(K) Section 25.02 (prohibited sexual conduct);
898	898	(L) Section 25.08 (sale or purchase of a child);
899	899	(M) Section 28.02 (arson);
900	900	(N) Section 29.02 (robbery);
901	901	(O) Section 29.03 (aggravated robbery);
902	902	(P) Section 30.02 (burglary), if the offense is
903	903	punished as a first-degree felony under that section;
904	904	(Q) Section 43.04 (aggravated promotion of
905	905	prostitution);
906	906	(R) Section 43.05 (compelling prostitution);
907	907	(S) Section 43.24 (sale, distribution, or
908	908	display of harmful material to minor);
909	909	(T) Section 43.25 (sexual performance by a
910	910	child);
911	911	(U) Section 46.10 (deadly weapon in penal
912	912	institution);
913	913	(V) Section 15.01 (criminal attempt), if the
914	914	offense attempted is listed in this subsection;
915	915	(W) Section 15.02 (criminal conspiracy), if the
916	916	offense that is the subject of the conspiracy is listed in this
917	917	subsection;
918	918	(X) Section 15.03 (criminal solicitation), if
919	919	the offense solicited is listed in this subsection;
920	920	(Y) Section 21.02 (continuous sexual abuse of
921	921	young child or disabled individual);
922	922	(Z) Section 20A.02 (trafficking of persons);
923	923	(AA) Section 20A.03 (continuous trafficking of
924	924	persons); [or]
925	925	(BB) Section 43.041 (aggravated online promotion
926	926	of prostitution); or
927	927	(CC) Section 19.07 (lethal opioid poisoning); or
928	928	(3) the inmate is awaiting transfer to the
929	929	institutional division, or serving a sentence, for an offense under
930	930	Chapter 481, Health and Safety Code, punishable by a minimum term of
931	931	imprisonment or a maximum fine that is greater than the minimum term
932	932	of imprisonment or the maximum fine for a first degree felony.
933	933	SECTION 20. Section 508.149(a), Government Code, is amended
934	934	to read as follows:
935	935	(a) An inmate may not be released to mandatory supervision
936	936	if the inmate is serving a sentence for or has been previously
937	937	convicted of:
938	938	(1) an offense for which the judgment contains an
939	939	affirmative finding under Article 42A.054(c) or (d), Code of
940	940	Criminal Procedure;
941	941	(2) a first degree felony or a second degree felony
942	942	under Section 19.02, Penal Code;
943	943	(3) a capital felony under Section 19.03, Penal Code;
944	944	(4) a first degree felony or a second degree felony
945	945	under Section 20.04, Penal Code;
946	946	(5) an offense under Section 21.11, Penal Code;
947	947	(6) a felony under Section 22.011, Penal Code;
948	948	(7) a first degree felony or a second degree felony
949	949	under Section 22.02, Penal Code;
950	950	(8) a first degree felony under Section 22.021, Penal
951	951	Code;
952	952	(9) a first degree felony under Section 22.04, Penal
953	953	Code;
954	954	(10) a first degree felony under Section 28.02, Penal
955	955	Code;
956	956	(11) a second degree felony under Section 29.02, Penal
957	957	Code;
958	958	(12) a first degree felony under Section 29.03, Penal
959	959	Code;
960	960	(13) a first degree felony under Section 30.02, Penal
961	961	Code;
962	962	(14) a felony for which the punishment is increased
963	963	under Section 481.134 or Section 481.140, Health and Safety Code;
964	964	(15) an offense under Section 43.25, Penal Code;
965	965	(16) an offense under Section 21.02, Penal Code;
966	966	(17) a first degree felony under Section 15.03, Penal
967	967	Code;
968	968	(18) an offense under Section 43.05, Penal Code;
969	969	(19) an offense under Section 20A.02, Penal Code;
970	970	(20) an offense under Section 20A.03, Penal Code;
971	971	(21) a first degree felony under Section 71.02 or
972	972	71.023, Penal Code; [or]
973	973	(22) an offense under Section 19.07, Penal Code; or
974	974	(23) an offense under Section 481.1123, Health and
975	975	Safety Code, punished under Subsection (d), (e), or (f) of that
976	976	section.
977	977	SECTION 21. Section 481.141, Health and Safety Code, is
978	978	amended by adding Subsection (d) to read as follows:
979	979	(d) Punishment may not be increased under this section if
980	980	the defendant is also prosecuted under Section 19.07, Penal Code,
981	981	for conduct occurring during the same criminal episode.
982	982	SECTION 22. Section 301.4535(a), Occupations Code, is
983	983	amended to read as follows:
984	984	(a) The board shall suspend a nurse's license or refuse to
985	985	issue a license to an applicant on proof that the nurse or applicant
986	986	has been initially convicted of:
987	987	(1) murder under Section 19.02, Penal Code, capital
988	988	murder under Section 19.03, Penal Code, [or] manslaughter under
989	989	Section 19.04, Penal Code, or lethal opioid poisoning under Section
990	990	19.07, Penal Code;
991	991	(2) kidnapping or unlawful restraint under Chapter 20,
992	992	Penal Code, and the offense was punished as a felony or state jail
993	993	felony;
994	994	(3) sexual assault under Section 22.011, Penal Code;
995	995	(4) aggravated sexual assault under Section 22.021,
996	996	Penal Code;
997	997	(5) continuous sexual abuse of young child or disabled
998	998	individual under Section 21.02, Penal Code, or indecency with a
999	999	child under Section 21.11, Penal Code;
1000	1000	(6) aggravated assault under Section 22.02, Penal
1001	1001	Code;
1002	1002	(7) intentionally, knowingly, or recklessly injuring
1003	1003	a child, elderly individual, or disabled individual under Section
1004	1004	22.04, Penal Code;
1005	1005	(8) intentionally, knowingly, or recklessly
1006	1006	abandoning or endangering a child under Section 22.041, Penal Code;
1007	1007	(9) aiding suicide under Section 22.08, Penal Code,
1008	1008	and the offense was punished as a state jail felony;
1009	1009	(10) an offense involving a violation of certain court
1010	1010	orders or conditions of bond under Section 25.07, 25.071, or
1011	1011	25.072, Penal Code, punished as a felony;
1012	1012	(11) an agreement to abduct a child from custody under
1013	1013	Section 25.031, Penal Code;
1014	1014	(12) the sale or purchase of a child under Section
1015	1015	25.08, Penal Code;
1016	1016	(13) robbery under Section 29.02, Penal Code;
1017	1017	(14) aggravated robbery under Section 29.03, Penal
1018	1018	Code;
1019	1019	(15) an offense for which a defendant is required to
1020	1020	register as a sex offender under Chapter 62, Code of Criminal
1021	1021	Procedure; or
1022	1022	(16) an offense under the law of another state,
1023	1023	federal law, or the Uniform Code of Military Justice that contains
1024	1024	elements that are substantially similar to the elements of an
1025	1025	offense listed in this subsection.
1026	1026	SECTION 23. Subchapter H, Chapter 1701, Occupations Code,
1027	1027	is amended by adding Section 1701.359 to read as follows:
1028	1028	Sec. 1701.359. FENTANYL OFFENSES ENFORCEMENT TRAINING
1029	1029	PROGRAM. The commission may:
1030	1030	(1) recognize, or with the consent of the Department
1031	1031	of Public Safety administer or assist in administering, the
1032	1032	fentanyl offenses enforcement training program established under
1033	1033	Section 411.02094, Government Code, as a continuing education
1034	1034	program for officers; and
1035	1035	(2) credit an officer who successfully completes the
1036	1036	program described by Subdivision (1) with the appropriate number of
1037	1037	continuing education hours.
1038	1038	SECTION 24. Section 19.01(b), Penal Code, is amended to
1039	1039	read as follows:
1040	1040	(b) Criminal homicide is murder, capital murder,
1041	1041	manslaughter, [or] criminally negligent homicide, or lethal opioid
1042	1042	poisoning.
1043	1043	SECTION 25. Chapter 19, Penal Code, is amended by adding
1044	1044	Section 19.07 to read as follows:
1045	1045	Sec. 19.07. LETHAL OPIOID POISONING. (a) A person commits
1046	1046	an offense if the person knowingly manufactures or delivers a
1047	1047	controlled substance listed in Penalty Group 1-B under Section
1048	1048	481.1022, Health and Safety Code, in violation of Section 481.1123,
1049	1049	Health and Safety Code, and an individual dies as a result of
1050	1050	injecting, ingesting, inhaling, or introducing into the
1051	1051	individual's body any amount of the controlled substance
1052	1052	manufactured or delivered by the actor, regardless of whether the
1053	1053	controlled substance was used by itself or with another substance,
1054	1054	including a drug, adulterant, or dilutant.
1055	1055	(b) It is a defense to prosecution under this section that
1056	1056	the actor's conduct in manufacturing or delivering the controlled
1057	1057	substance was authorized under Chapter 481, Health and Safety Code,
1058	1058	or other state or federal law.
1059	1059	(c) If conduct that constitutes an offense under this
1060	1060	section also constitutes an offense under another section of this
1061	1061	chapter, the actor may be prosecuted under this section or the other
1062	1062	law, but not both.
1063	1063	(d) An offense under this section is a felony of the first
1064	1064	degree.
1065	1065	SECTION 26. Section 71.02(a), Penal Code, is amended to
1066	1066	read as follows:
1067	1067	(a) A person commits an offense if, with the intent to
1068	1068	establish, maintain, or participate in a combination or in the
1069	1069	profits of a combination or as a member of a criminal street gang,
1070	1070	the person commits or conspires to commit one or more of the
1071	1071	following:
1072	1072	(1) murder, capital murder, lethal opioid poisoning,
1073	1073	arson, aggravated robbery, robbery, burglary, theft, aggravated
1074	1074	kidnapping, kidnapping, aggravated assault, aggravated sexual
1075	1075	assault, sexual assault, continuous sexual abuse of young child or
1076	1076	disabled individual, solicitation of a minor, forgery, deadly
1077	1077	conduct, assault punishable as a Class A misdemeanor, burglary of a
1078	1078	motor vehicle, or unauthorized use of a motor vehicle;
1079	1079	(2) any gambling offense punishable as a Class A
1080	1080	misdemeanor;
1081	1081	(3) promotion of prostitution, aggravated promotion
1082	1082	of prostitution, or compelling prostitution;
1083	1083	(4) unlawful manufacture, transportation, repair, or
1084	1084	sale of firearms or prohibited weapons;
1085	1085	(5) unlawful manufacture, delivery, dispensation, or
1086	1086	distribution of a controlled substance or dangerous drug, or
1087	1087	unlawful possession of a controlled substance or dangerous drug
1088	1088	through forgery, fraud, misrepresentation, or deception;
1089	1089	(5-a) causing the unlawful delivery, dispensation, or
1090	1090	distribution of a controlled substance or dangerous drug in
1091	1091	violation of Subtitle B, Title 3, Occupations Code;
1092	1092	(6) any unlawful wholesale promotion or possession of
1093	1093	any obscene material or obscene device with the intent to wholesale
1094	1094	promote the same;
1095	1095	(7) any offense under Subchapter B, Chapter 43,
1096	1096	depicting or involving conduct by or directed toward a child
1097	1097	younger than 18 years of age;
1098	1098	(8) any felony offense under Chapter 32;
1099	1099	(9) any offense under Chapter 36;
1100	1100	(10) any offense under Chapter 34, 35, or 35A;
1101	1101	(11) any offense under Section 37.11(a);
1102	1102	(12) any offense under Chapter 20A;
1103	1103	(13) any offense under Section 37.10;
1104	1104	(14) any offense under Section 38.06, 38.07, 38.09, or
1105	1105	38.11;
1106	1106	(15) any offense under Section 42.10;
1107	1107	(16) any offense under Section 46.06(a)(1) or 46.14;
1108	1108	(17) any offense under Section 20.05 or 20.06;
1109	1109	(18) any offense under Section 16.02; or
1110	1110	(19) any offense classified as a felony under the Tax
1111	1111	Code.
1112	1112	SECTION 27. (a) The fentanyl offenses enforcement task
1113	1113	force is established under this section to:
1114	1114	(1) compile data on criminal activity in the
1115	1115	Texas-Mexico border region related to the manufacture or delivery
1116	1116	of a controlled substance listed in Penalty Group 1-B under Section
1117	1117	481.1022, Health and Safety Code; and
1118	1118	(2) develop best practices for:
1119	1119	(A) investigating, interdicting, and prosecuting
1120	1120	criminal activity that constitutes an offense under Section
1121	1121	481.1123, Health and Safety Code; and
1122	1122	(B) safely handling a controlled substance
1123	1123	listed in Penalty Group 1-B under Section 481.1022, Health and
1124	1124	Safety Code.
1125	1125	(b) The governor shall appoint to the task force:
1126	1126	(1) two members representing the Department of Public
1127	1127	Safety;
1128	1128	(2) two members representing the Health and Human
1129	1129	Services Commission; and
1130	1130	(3) two members representing the Texas Commission on
1131	1131	Law Enforcement.
1132	1132	(c) Not later than six months after the date the governor
1133	1133	appoints members to the task force, the task force shall submit to
1134	1134	the governor and the director of the Department of Public Safety a
1135	1135	report containing the data and best practices described by
1136	1136	Subsection (a) of this section.
1137	1137	(d) The task force established under this section is
1138	1138	abolished and this section expires December 1, 2024.
1139	1139	SECTION 28. To the extent of any conflict, this Act prevails
1140	1140	over another Act of the 88th Legislature, Regular Session, 2023,
1141	1141	relating to nonsubstantive additions to and corrections in enacted
1142	1142	codes.
1143	1143	SECTION 29. This Act takes effect September 1, 2023.