Texas 2023 - 88th Regular

Texas House Bill HB4886 Compare Versions

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1	1	88R3692 EAS-F
2	2	By: Herrero H.B. No. 4886
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sexually violent predators and the prosecution of
8	8	certain offenses involving prohibited items at correctional or
9	9	civil commitment facilities; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 20.02(c), Penal Code, is amended to read
12	12	as follows:
13	13	(c) An offense under this section is a Class A misdemeanor,
14	14	except that the offense is:
15	15	(1) a state jail felony if the person restrained was a
16	16	child younger than 17 years of age;
17	17	(2) a felony of the third degree if:
18	18	(A) the actor recklessly exposes the victim to a
19	19	substantial risk of serious bodily injury;
20	20	(B) the actor restrains an individual the actor
21	21	knows is a public servant while the public servant is lawfully
22	22	discharging an official duty or in retaliation or on account of an
23	23	exercise of official power or performance of an official duty as a
24	24	public servant; or
25	25	(C) the actor, while in custody or committed to a
26	26	civil commitment facility, restrains any other person; or
27	27	(3) notwithstanding Subdivision (2)(B), a felony of
28	28	the second degree if the actor restrains an individual the actor
29	29	knows is a peace officer or judge while the officer or judge is
30	30	lawfully discharging an official duty or in retaliation or on
31	31	account of an exercise of official power or performance of an
32	32	official duty as a peace officer or judge.
33	33	SECTION 2. Section 21.07(b), Penal Code, is amended to read
34	34	as follows:
35	35	(b) An offense under this section is a Class A misdemeanor,
36	36	except that the offense is a felony of the third degree if the actor
37	37	is civilly committed as a sexually violent predator under Chapter
38	38	841, Health and Safety Code.
39	39	SECTION 3. Section 21.08(b), Penal Code, is amended to read
40	40	as follows:
41	41	(b) An offense under this section is a Class B misdemeanor,
42	42	except that the offense is a felony of the third degree if the actor
43	43	is civilly committed as a sexually violent predator under Chapter
44	44	841, Health and Safety Code.
45	45	SECTION 4. Section 22.01(b-1), Penal Code, is amended to
46	46	read as follows:
47	47	(b-1) Notwithstanding Subsections [Subsection] (b) and (c),
48	48	an offense under Subsection (a) [(a)(1)] is a felony of the third
49	49	degree if the offense is committed:
50	50	(1) by an [while the] actor who is committed to a civil
51	51	commitment facility; and
52	52	(2) against:
53	53	(A) a person the actor knows is an officer or
54	54	employee of the Texas Civil Commitment Office:
55	55	(i) while the officer or employee is
56	56	lawfully discharging an official duty [at a civil commitment
57	57	facility]; or
58	58	(ii) in retaliation for or on account of an
59	59	exercise of official power or performance of an official duty by the
60	60	officer or employee; or
61	61	(B) a person the actor knows is contracting [who
62	62	contracts] with the state to perform a service in a civil commitment
63	63	facility or an employee of that person:
64	64	(i) while the person or employee is engaged
65	65	in performing a service within the scope of the contract[, if the
66	66	actor knows the person or employee is authorized by the state to
67	67	provide the service]; or
68	68	(ii) in retaliation for or on account of the
69	69	person's or employee's performance of a service within the scope of
70	70	the contract.
71	71	SECTION 5. Section 38.11, Penal Code, is amended by
72	72	amending Subsections (a), (d), and (k) and adding Subsection (j-1)
73	73	to read as follows:
74	74	(a) A person commits an offense if the person provides, or
75	75	possesses with the intent to provide:
76	76	(1) an alcoholic beverage, controlled substance, or
77	77	dangerous drug to a person in the custody of a correctional facility
78	78	or residing in a civil commitment facility, except on the
79	79	prescription of a practitioner;
80	80	(2) a deadly weapon to a person in the custody of a
81	81	correctional facility or residing in a civil commitment facility;
82	82	(3) a cellular telephone or other wireless
83	83	communications device or a component of one of those devices to a
84	84	person in the custody of a correctional facility;
85	85	(4) money to a person confined in a correctional
86	86	facility; or
87	87	(5) a cigarette or tobacco product to a person
88	88	confined in a correctional facility, except that if the facility is
89	89	a local jail regulated by the Commission on Jail Standards, the
90	90	person commits an offense only if providing the cigarette or
91	91	tobacco product violates a rule or regulation adopted by the
92	92	sheriff or jail administrator that:
93	93	(A) prohibits the possession of a cigarette or
94	94	tobacco product by a person confined in the jail; or
95	95	(B) places restrictions on:
96	96	(i) the possession of a cigarette or
97	97	tobacco product by a person confined in the jail; or
98	98	(ii) the manner in which a cigarette or
99	99	tobacco product may be provided to a person confined in the jail.
100	100	(d) A person commits an offense if the person:
101	101	(1) possesses an alcoholic beverage, [a] controlled
102	102	substance, or dangerous drug while in a correctional facility or
103	103	civil commitment facility or on property owned, used, or controlled
104	104	by a correctional facility or civil commitment facility; or
105	105	(2) possesses a deadly weapon while in a correctional
106	106	facility or civil commitment facility.
107	107	(j-1) A person commits an offense if the person, while
108	108	residing in a civil commitment facility, possesses a cellular
109	109	telephone or other wireless communications device or a component of
110	110	one of those devices unless the device or component is authorized by
111	111	the Texas Civil Commitment Office.
112	112	(k) A person commits an offense if, with the intent to
113	113	provide to or make a cellular telephone or other wireless
114	114	communications device or a component of one of those devices
115	115	available for use by a person in the custody of a correctional
116	116	facility or residing in a civil commitment facility, the person:
117	117	(1) acquires a cellular telephone or other wireless
118	118	communications device or a component of one of those devices to be
119	119	delivered to the person in custody or residing in the facility;
120	120	(2) provides a cellular telephone or other wireless
121	121	communications device or a component of one of those devices to
122	122	another person for delivery to the person in custody or residing in
123	123	the facility; or
124	124	(3) makes a payment to a communication common carrier,
125	125	as defined by Article 18A.001, Code of Criminal Procedure, or to any
126	126	communication service that provides to its users the ability to
127	127	send or receive wire or electronic communications.
128	128	SECTION 6. Chapter 39, Penal Code, is amended by adding
129	129	Section 39.041 to read as follows:
130	130	Sec. 39.041. IMPROPER SEXUAL ACTIVITY WITH COMMITTED
131	131	PERSON. (a) In this section, "deviate sexual intercourse,"
132	132	"sexual contact," and "sexual intercourse" have the meanings
133	133	assigned by Section 21.01.
134	134	(b) An officer or employee of the Texas Civil Commitment
135	135	Office, a person who contracts with this state to perform a service
136	136	in a civil commitment facility or an employee of that person, or a
137	137	volunteer at a civil commitment facility commits an offense if the
138	138	person intentionally engages in deviate sexual intercourse, sexual
139	139	contact, or sexual intercourse with a person committed to a civil
140	140	commitment facility.
141	141	(c) An offense under this section is a felony of the third
142	142	degree.
143	143	(d) It is an affirmative defense to prosecution under this
144	144	section that, at the time of the offense, the actor was the spouse
145	145	of the person committed to the civil commitment facility.
146	146	(e) If conduct that constitutes an offense under this
147	147	section also constitutes an offense under any other law, the actor
148	148	may be prosecuted under this section, the other law, or both.
149	149	SECTION 7. Article 62.005(j), Code of Criminal Procedure,
150	150	is amended to read as follows:
151	151	(j) The department, for law enforcement purposes or for
152	152	supervision and treatment purposes, shall release all relevant
153	153	information described by Subsection (a), including information
154	154	that is not public information under Subsection (b), to a peace
155	155	officer, an employee of a local law enforcement authority, the
156	156	Texas Civil Commitment Office, or the attorney general on the
157	157	request of the applicable person or entity.
158	158	SECTION 8. Article 62.051, Code of Criminal Procedure, is
159	159	amended by amending Subsections (b), (e), and (f) and adding
160	160	Subsection (e-1) to read as follows:
161	161	(b) The department shall provide the Texas Department of
162	162	Criminal Justice, the Texas Juvenile Justice Department, the Texas
163	163	Civil Commitment Office, and each local law enforcement authority,
164	164	authority for campus security, county jail, and court with a form
165	165	for registering persons required by this chapter to register.
166	166	(e) Not later than the third day after the registration of a
167	167	person [a person's registering], the local law enforcement
168	168	authority with whom the person is registered shall send a copy of
169	169	the registration form to the department and, if the person resides
170	170	on the campus of a public or private institution of higher
171	171	education, to any authority for campus security for that
172	172	institution.
173	173	(e-1) The Texas Civil Commitment Office shall register with
174	174	the applicable local law enforcement authority on behalf of a
175	175	person who is civilly committed as a sexually violent predator
176	176	under Chapter 841, Health and Safety Code, and required to reside in
177	177	a civil commitment center. A person for whom registration is
178	178	completed under this subsection is not required to verify the
179	179	registration until the person is authorized to reside outside of
180	180	the civil commitment center.
181	181	(f) Not later than the seventh day after the date on which
182	182	the person is released or, for a person who is civilly committed as
183	183	a sexually violent predator under Chapter 841, Health and Safety
184	184	Code, authorized to reside outside of the civil commitment center,
185	185	a person for whom registration is completed under this chapter
186	186	shall report to the applicable local law enforcement authority to
187	187	verify the information in the registration form received by the
188	188	authority under this chapter. The authority shall require the
189	189	person to produce proof of the person's identity and residence
190	190	before the authority gives the registration form to the person for
191	191	verification. If the information in the registration form is
192	192	complete and accurate, the person shall verify registration by
193	193	signing the form. If the information is not complete or not
194	194	accurate, the person shall make any necessary additions or
195	195	corrections before signing the form.
196	196	SECTION 9. Subtitle A, Title 2, Civil Practice and Remedies
197	197	Code, is amended by adding Chapter 14A to read as follows:
198	198	CHAPTER 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
199	199	SUBCHAPTER A. GENERAL PROVISIONS
200	200	Sec. 14A.001. DEFINITIONS. In this chapter:
201	201	(1) "Civilly committed individual" means a sexually
202	202	violent predator as described by Section 841.003, Health and Safety
203	203	Code, who has been committed to a facility operated by or under
204	204	contract with the office.
205	205	(2) "Claim" means a cause of action governed by this
206	206	chapter.
207	207	(3) "Office" means the Texas Civil Commitment Office.
208	208	(4) "Trust account" means a civilly committed
209	209	individual's trust account administered by the office or by a
210	210	facility under contract with the office.
211	211	(5) "Unsworn declaration" means a document executed in
212	212	accordance with Chapter 132.
213	213	Sec. 14A.002. SCOPE OF CHAPTER. (a) This chapter applies
214	214	only to an action, including an appeal or original proceeding,
215	215	brought by a civilly committed individual in a district, county, or
216	216	justice court or an appellate court, including the supreme court or
217	217	the court of criminal appeals, in which an affidavit or unsworn
218	218	declaration of inability to pay costs is filed by the civilly
219	219	committed individual.
220	220	(b) This chapter does not apply to an action brought under
221	221	the Family Code.
222	222	SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
223	223	Sec. 14A.051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
224	224	CLAIM. (a) A court may dismiss a claim, either before or after
225	225	service of process, if the court finds that:
226	226	(1) the allegation of poverty in the affidavit or
227	227	unsworn declaration is false;
228	228	(2) the claim is frivolous or malicious; or
229	229	(3) the civilly committed individual filed an
230	230	affidavit or unsworn declaration required by this chapter that the
231	231	individual knew was false.
232	232	(b) In determining whether a claim is frivolous or
233	233	malicious, the court may consider whether:
234	234	(1) the claim's realistic chance of ultimate success
235	235	is slight;
236	236	(2) the claim has no arguable basis in law or in fact;
237	237	(3) it is clear that the civilly committed individual
238	238	cannot prove the facts in support of the claim; or
239	239	(4) the claim is substantially similar to a previous
240	240	claim filed by the civilly committed individual because the claim
241	241	arises from the same operative facts.
242	242	(c) In determining whether Subsection (a) applies, the
243	243	court may hold a hearing. The hearing may be held before or after
244	244	service of process, and it may be held on motion of the court, a
245	245	party, or the court clerk.
246	246	(d) On the filing of a motion under Subsection (c), the
247	247	court shall suspend discovery relating to the claim pending the
248	248	hearing.
249	249	(e) A court that dismisses a claim brought by a civilly
250	250	committed individual housed in a facility operated by or under
251	251	contract with the office may notify the office of the dismissal and,
252	252	on the court's own motion or the motion of any party or the court
253	253	clerk, may advise the office that a mental health evaluation of the
254	254	individual may be appropriate.
255	255	Sec. 14A.052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
256	256	A civilly committed individual who files an affidavit or unsworn
257	257	declaration of inability to pay costs shall file a separate
258	258	affidavit or declaration:
259	259	(1) identifying the court that ordered the
260	260	individual's civil commitment under Chapter 841, Health and Safety
261	261	Code;
262	262	(2) indicating whether any cause of action or
263	263	allegation contained in the petition has previously been filed in
264	264	any other court, and if so, stating the cause of action or
265	265	allegation previously filed and complying with Subdivision (6) and
266	266	Subsection (b);
267	267	(3) identifying each action, other than an action
268	268	under the Family Code, previously brought by the individual in
269	269	which the individual was not represented by an attorney, without
270	270	regard to whether the individual was civilly committed at the time
271	271	the action was brought;
272	272	(4) certifying that all grievance processes
273	273	applicable to the matter that is the basis of the claim, if any,
274	274	have been exhausted;
275	275	(5) certifying that no court has found the individual
276	276	to be a vexatious litigant under Chapter 11; and
277	277	(6) describing each action that was previously brought
278	278	by:
279	279	(A) stating the operative facts for which relief
280	280	was sought;
281	281	(B) listing the case name, the cause number, and
282	282	the court in which the action was brought;
283	283	(C) identifying each party named in the action;
284	284	and
285	285	(D) stating the result of the action, including
286	286	whether the action or a claim that was a basis for the action was
287	287	dismissed as frivolous or malicious under Section 13.001, 14.003,
288	288	or 14A.051 or otherwise.
289	289	(b) If the affidavit or unsworn declaration filed under this
290	290	section states that a previous action or claim was dismissed as
291	291	frivolous or malicious, the affidavit or unsworn declaration must
292	292	state the date of the final order affirming the dismissal.
293	293	(c) The affidavit or unsworn declaration must be
294	294	accompanied by the certified copy of the trust account statement
295	295	required by Section 14A.054(f).
296	296	Sec. 14A.053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
297	297	ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
298	298	files a claim that is subject to a grievance system established by
299	299	the office or a facility under contract with the office shall file
300	300	with the court:
301	301	(1) an affidavit or unsworn declaration stating the
302	302	date that the grievance was filed and the date the written decision
303	303	was received by the individual; and
304	304	(2) a copy of the written decision from the grievance
305	305	system.
306	306	(b) A court shall dismiss a claim if the civilly committed
307	307	individual fails to file the claim before the 31st day after the
308	308	date the individual receives the written decision from the
309	309	grievance system.
310	310	(c) If a claim is filed before the grievance system
311	311	procedure is complete, the court shall stay the proceeding with
312	312	respect to the claim for a period not to exceed 180 days to permit
313	313	completion of the grievance system procedure.
314	314	Sec. 14A.054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
315	315	court may order a civilly committed individual who has filed a claim
316	316	to pay court fees, court costs, and other costs in accordance with
317	317	this section and Section 14A.055. The court clerk shall mail a copy
318	318	of the court's order and a certified bill of costs to the office or
319	319	facility under contract with the office, as appropriate.
320	320	(b) On the court's order, the civilly committed individual
321	321	shall pay an amount equal to the lesser of:
322	322	(1) 20 percent of the preceding six months' deposits to
323	323	the individual's trust account; or
324	324	(2) the total amount of court fees, court costs, and
325	325	other costs.
326	326	(c) In each month following the month in which payment is
327	327	made under Subsection (b), the civilly committed individual shall
328	328	pay an amount equal to the lesser of:
329	329	(1) 10 percent of that month's deposits to the trust
330	330	account; or
331	331	(2) the total amount of court fees, court costs, and
332	332	other costs that remains unpaid.
333	333	(d) Payments under Subsection (c) shall continue until the
334	334	total amount of court fees, court costs, and other costs are paid or
335	335	until the civilly committed individual is released from
336	336	confinement.
337	337	(e) On receipt of a copy of an order issued under Subsection
338	338	(a), the office or facility under contract with the office shall
339	339	withdraw money from the trust account in accordance with
340	340	Subsections (b), (c), and (d). The office or facility shall hold the
341	341	money in a separate account and shall forward the money to the court
342	342	clerk on the earlier of the following dates:
343	343	(1) the date the total amount to be forwarded equals
344	344	the total amount of court fees, court costs, and other costs that
345	345	remains unpaid; or
346	346	(2) the date the civilly committed individual is
347	347	released.
348	348	(f) The civilly committed individual shall file a certified
349	349	copy of the individual's trust account statement with the court.
350	350	The statement must reflect the balance of the account at the time
351	351	the claim is filed and activity in the account during the six months
352	352	preceding the date on which the claim is filed. The court may
353	353	request the office to provide the information required under this
354	354	subsection.
355	355	(g) A civilly committed individual may authorize payment in
356	356	addition to that required by this section.
357	357	(h) The court may dismiss a claim if the civilly committed
358	358	individual fails to pay fees and costs assessed under this section.
359	359	(i) A civilly committed individual may not avoid the fees
360	360	and costs assessed under this section by nonsuiting a party or by
361	361	voluntarily dismissing the action.
362	362	Sec. 14A.055. OTHER COSTS. (a) An order under Section
363	363	14A.054(a) must include the costs described by Subsection (b) if
364	364	the court finds that:
365	365	(1) the civilly committed individual has previously
366	366	filed an action to which this chapter or Chapter 14 applies; and
367	367	(2) a final order has been issued that affirms that the
368	368	action was dismissed as frivolous or malicious under Section
369	369	13.001, 14.003, or 14A.051 or otherwise.
370	370	(b) If Subsection (a) applies, costs of court must include
371	371	expenses incurred by the court or by the office or facility under
372	372	contract with the office, in connection with the claim and not
373	373	otherwise charged to the civilly committed individual under Section
374	374	14A.054, including:
375	375	(1) expenses of service of process;
376	376	(2) postage; and
377	377	(3) transportation, housing, or medical care incurred
378	378	in connection with the appearance of the individual in the court for
379	379	any proceeding.
380	380	Sec. 14A.056. HEARING. (a) The court may hold a hearing
381	381	under this chapter at a facility operated by or under contract with
382	382	the office or may conduct the hearing with video communications
383	383	technology that permits the court to see and hear the civilly
384	384	committed individual and that permits the individual to see and
385	385	hear the court and any other witness.
386	386	(b) A hearing conducted under this section by video
387	387	communications technology shall be recorded on videotape or by
388	388	other electronic means. The recording is sufficient to serve as a
389	389	permanent record of the hearing.
390	390	Sec. 14A.057. SUBMISSION OF EVIDENCE. (a) The court may
391	391	request a person with an admissible document or admissible
392	392	testimony relevant to the subject matter of the hearing to submit a
393	393	copy of the document or written statement stating the substance of
394	394	the testimony.
395	395	(b) A written statement submitted under this section must be
396	396	made under oath or made as an unsworn declaration under Section
397	397	132.001.
398	398	(c) A copy of a document submitted under this section must
399	399	be accompanied by a certification executed under oath by an
400	400	appropriate custodian of the record stating that the copy is
401	401	correct and any other matter relating to the admissibility of the
402	402	document that the court requires.
403	403	(d) A person submitting a written statement or document
404	404	under this section is not required to appear at the hearing.
405	405	(e) The court shall require that the civilly committed
406	406	individual be provided with a copy of each written statement or
407	407	document not later than the 14th day before the date on which the
408	408	hearing is to begin.
409	409	Sec. 14A.058. DISMISSAL OF CLAIM. (a) The court may enter
410	410	an order dismissing the entire claim or a portion of the claim under
411	411	this chapter.
412	412	(b) If a portion of the claim is dismissed, the court shall
413	413	designate the issues and defendants on which the claim may proceed,
414	414	subject to Sections 14A.054 and 14A.055.
415	415	(c) An order under this section is not subject to
416	416	interlocutory appeal by the civilly committed individual.
417	417	Sec. 14A.059. EFFECT ON OTHER CLAIMS. (a) Except as
418	418	provided by Subsection (b), on receipt of an order assessing fees
419	419	and costs under Section 14A.054 that indicates that the court made
420	420	the finding described by Section 14A.055(a), a court clerk may not
421	421	accept for filing another claim by the civilly committed individual
422	422	until the fees and costs assessed under Section 14A.054 are paid.
423	423	(b) A court may allow a civilly committed individual who has
424	424	not paid the fees and costs assessed against the individual to file
425	425	a claim for injunctive relief seeking to enjoin an act or failure to
426	426	act that creates a substantial threat of irreparable injury or
427	427	serious physical harm to the individual.
428	428	Sec. 14A.060. QUESTIONNAIRE. To implement this chapter, a
429	429	court may develop, for use in that court, a questionnaire to be
430	430	filed by the civilly committed individual.
431	431	Sec. 14A.061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
432	432	(a) The supreme court shall, by rule, adopt a system under which a
433	433	court may refer a suit governed by this chapter to a magistrate for
434	434	review and recommendation.
435	435	(b) The system adopted under Subsection (a) may be funded
436	436	from money appropriated to the supreme court or from money received
437	437	by the supreme court through interagency contract or contracts.
438	438	(c) For the purposes of Section 14A.062, the adoption of a
439	439	system by rule under Subsection (a) does not constitute a
440	440	modification or repeal of a provision of this chapter.
441	441	Sec. 14A.062. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
442	442	Notwithstanding Section 22.004, Government Code, this chapter may
443	443	not be modified or repealed by a rule adopted by the supreme court.
444	444	SECTION 10. Subchapter C, Chapter 552, Government Code, is
445	445	amended by adding Section 552.1345 to read as follows:
446	446	Sec. 552.1345. EXCEPTION: CONFIDENTIALITY OF CERTAIN
447	447	INFORMATION RELATING TO CIVILLY COMMITTED SEXUALLY VIOLENT
448	448	PREDATORS. (a) Except as provided by Subsection (b), information
449	449	obtained or maintained by the Texas Civil Commitment Office is
450	450	excepted from the requirements of Section 552.021 if it is
451	451	information about a person who is civilly committed as a sexually
452	452	violent predator under Chapter 841, Health and Safety Code.
453	453	(b) Subsection (a) does not apply to statistical or other
454	454	aggregated information relating to persons civilly committed to one
455	455	or more facilities operated by or under a contract with the office.
456	456	SECTION 11. Subchapter I, Chapter 2001, Government Code, is
457	457	amended by adding Section 2001.227 to read as follows:
458	458	Sec. 2001.227. TEXAS CIVIL COMMITMENT OFFICE. This chapter
459	459	does not apply to a rule or internal procedure of the Texas Civil
460	460	Commitment Office that applies to a person who is civilly committed
461	461	as a sexually violent predator under Chapter 841, Health and Safety
462	462	Code, or to an action taken under that rule or procedure.
463	463	SECTION 12. Section 2155.144(a), Government Code, is
464	464	amended to read as follows:
465	465	(a) This section applies only to the Health and Human
466	466	Services Commission, each health and human services agency, [and]
467	467	the Department of Family and Protective Services, and agencies
468	468	administratively attached to the Health and Human Services
469	469	Commission. For the purposes of this section, the Department of
470	470	Family and Protective Services or an agency administratively
471	471	attached to the Health and Human Services Commission is considered
472	472	a health and human services agency.
473	473	SECTION 13. Section 109.051(b), Occupations Code, is
474	474	amended to read as follows:
475	475	(b) Notwithstanding Subtitle B, Title 3, of this code or
476	476	Chapter 611, Health and Safety Code, a person described by
477	477	Subsection (a), on request or in the normal course of business,
478	478	shall release information concerning the treatment of a sex
479	479	offender to:
480	480	(1) another person described by Subsection (a);
481	481	(2) a criminal justice agency; [or]
482	482	(3) a local law enforcement authority; or
483	483	(4) the Texas Civil Commitment Office.
484	484	SECTION 14. Section 109.052, Occupations Code, is amended
485	485	to read as follows:
486	486	Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A
487	487	criminal justice agency, on request or in the normal course of
488	488	official business, shall release information concerning the
489	489	treatment of a sex offender to:
490	490	(1) another criminal justice agency;
491	491	(2) a local law enforcement authority; [or]
492	492	(3) a person described by Section 109.051(a); or
493	493	(4) the Texas Civil Commitment Office.
494	494	SECTION 15. Section 109.053, Occupations Code, is amended
495	495	to read as follows:
496	496	Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY.
497	497	A local law enforcement authority, on request or in the normal
498	498	course of official business, shall release information concerning
499	499	the treatment of a sex offender to:
500	500	(1) another local law enforcement authority;
501	501	(2) a criminal justice agency; [or]
502	502	(3) a person described by Section 109.051(a); or
503	503	(4) the Texas Civil Commitment Office.
504	504	SECTION 16. Sections 841.002(1) and (8), Health and Safety
505	505	Code, are amended to read as follows:
506	506	(1) "Attorney representing the state" means a district
507	507	attorney, criminal district attorney, or county attorney with
508	508	felony criminal jurisdiction who represents the state in a [civil
509	509	commitment] proceeding under this chapter.
510	510	(8) "Sexually violent offense" means:
511	511	(A) an offense under Section 21.02, 21.11(a)(1),
512	512	22.011, or 22.021, Penal Code;
513	513	(B) an offense under Section 20.04(a)(4), Penal
514	514	Code, if the person committed the offense with the intent to violate
515	515	or abuse the victim sexually;
516	516	(C) an offense under Section 30.02, Penal Code,
517	517	if the offense is punishable under Subsection (d) of that section
518	518	and the person entered the habitation [committed the offense] with
519	519	the intent to commit an offense listed in Paragraph (A) or (B) or
520	520	committed or attempted to commit an offense listed in Paragraph (A)
521	521	or (B);
522	522	(D) an offense under Section 19.02 or 19.03,
523	523	Penal Code, that, during the guilt or innocence phase or the
524	524	punishment phase for the offense, during the adjudication or
525	525	disposition of delinquent conduct constituting the offense, or
526	526	subsequently during a civil commitment proceeding under Subchapter
527	527	D, is determined beyond a reasonable doubt to have been based on
528	528	sexually motivated conduct;
529	529	(E) an attempt, conspiracy, or solicitation, as
530	530	defined by Chapter 15, Penal Code, to commit an offense listed in
531	531	Paragraph (A), (B), (C), or (D);
532	532	(F) an offense under prior state law that
533	533	contains elements substantially similar to the elements of an
534	534	offense listed in Paragraph (A), (B), (C), (D), or (E); or
535	535	(G) an offense under the law of another state,
536	536	federal law, or the Uniform Code of Military Justice that contains
537	537	elements substantially similar to the elements of an offense listed
538	538	in Paragraph (A), (B), (C), (D), or (E).
539	539	SECTION 17. Section 841.042, Health and Safety Code, is
540	540	amended to read as follows:
541	541	Sec. 841.042. ASSISTANCE FROM SPECIAL PROSECUTION UNIT. On
542	542	request of the attorney representing the state, the special
543	543	prosecution unit shall provide legal, financial, and technical
544	544	assistance to the attorney for a [civil commitment] proceeding
545	545	conducted under this chapter.
546	546	SECTION 18. Section 841.0834, Health and Safety Code, is
547	547	amended to read as follows:
548	548	Sec. 841.0834. MOVEMENT BETWEEN PROGRAMMING TIERS. (a)
549	549	The office shall transfer between programming tiers a committed
550	550	person required to reside in a total confinement facility [to less
551	551	restrictive housing and supervision] if the transfer is in the best
552	552	interests of the person and conditions can be imposed that
553	553	adequately protect the community.
554	554	(b) Without the office's approval, a committed person may
555	555	file a petition with the court for transfer to the next less
556	556	restrictive tier [housing and supervision]. The court shall deny
557	557	the transfer if the petition is filed before the 180th day after the
558	558	date an order was entered under Subchapter D, F, or G or a previous
559	559	order was entered under this section. The court shall grant the
560	560	transfer if the court determines by clear and convincing evidence
561	561	that the transfer is in the best interests of the person and that
562	562	the office can impose conditions [can be imposed] that adequately
563	563	protect the community.
564	564	(c) A committed person who files a petition under Subsection
565	565	(b) [this subsection] shall serve a copy of the petition on the
566	566	office and the attorney representing the state.
567	567	(d) [(c)] The office shall transfer [return] a committed
568	568	person who is not required to reside in a total confinement facility
569	569	back [has been transferred to less restrictive housing and
570	570	supervision] to a more restrictive setting in a total confinement
571	571	facility if the office considers the transfer necessary to further
572	572	treatment and to protect the community. The decision to transfer
573	573	the person must be based on the person's behavior or progress in
574	574	treatment.
575	575	(e) [(d)] Not later than the 90th day after the date a
576	576	committed person is returned to a more restrictive setting in a
577	577	total confinement facility under Subsection (d) [(c)], the
578	578	committing court shall hold a hearing via videoconference to review
579	579	the office's determination. The court shall order the office to
580	580	transfer the person to a less restrictive tier [housing and
581	581	supervision] only if the court determines by clear and convincing
582	582	evidence that the office's determination was not made in accordance
583	583	with Subsection (d) [(c)]. The committed person may waive the right
584	584	to a hearing under this subsection.
585	585	SECTION 19. Section 841.0838, Health and Safety Code, is
586	586	amended to read as follows:
587	587	Sec. 841.0838. USE OF RESTRAINTS. (a) An employee of the
588	588	office, or a person who contracts with the office or an employee of
589	589	that person, may use mechanical [or chemical] restraints on a
590	590	committed person residing in a civil commitment center or while
591	591	transporting a committed person who resides at the center only if:
592	592	(1) the employee or person completes a training
593	593	program approved by the office on the use of mechanical restraints
594	594	that:
595	595	(A) includes instruction on the office's
596	596	approved mechanical restraint techniques and devices and the
597	597	office's verbal de-escalation policies, procedures, and practices;
598	598	and
599	599	(B) requires the employee or person to
600	600	demonstrate competency in the use of the mechanical restraint
601	601	techniques and devices; and
602	602	(2) the mechanical restraint is:
603	603	(A) considered necessary to maintain the safety
604	604	and security of the center or staff [used as a last resort];
605	605	(B) considered necessary to maintain the safety
606	606	of the public [necessary to stop or prevent:
607	607	[(i) imminent physical injury to the
608	608	committed person or another;
609	609	[(ii) threatening behavior by the committed
610	610	person while the person is using or exhibiting a weapon;
611	611	[(iii) a disturbance by a group of
612	612	committed persons; or
613	613	[(iv) an absconsion from the center]; and
614	614	(C) the least restrictive restraint necessary,
615	615	used for the minimum duration necessary[, to prevent the injury,
616	616	property damage, or absconsion].
617	617	(b) An employee of the office, or a person who contracts
618	618	with the office or an employee of that person, may use chemical
619	619	restraints on a committed person residing in a civil commitment
620	620	center or while transporting a committed person who resides at the
621	621	center only if:
622	622	(1) the employee or person completes a training
623	623	program approved by the office on the use of chemical restraints
624	624	that:
625	625	(A) includes instruction on the office's
626	626	approved chemical restraint techniques and devices and the office's
627	627	verbal de-escalation policies, procedures, and practices; and
628	628	(B) requires the employee or person to
629	629	demonstrate competency in the use of chemical restraint techniques
630	630	and devices; and
631	631	(2) the chemical restraint is:
632	632	(A) used as a last resort;
633	633	(B) necessary to prevent or stop:
634	634	(i) physical injury to the committed person
635	635	or another;
636	636	(ii) threatening behavior by the committed
637	637	person;
638	638	(iii) a disturbance by a group of committed
639	639	persons; or
640	640	(iv) an absconsion from the center; and
641	641	(C) the least restrictive restraint necessary,
642	642	used for the minimum duration necessary, to prevent injury,
643	643	property damage, or absconsion.
644	644	(c) The office shall develop procedures governing the use of
645	645	mechanical or chemical restraints on committed persons.
646	646	SECTION 20. Sections 841.123(a), (c), and (d), Health and
647	647	Safety Code, are amended to read as follows:
648	648	(a) If the committed person files a petition for release
649	649	without the office's authorization, the person shall serve the
650	650	petition on the court, [and] the attorney representing the state,
651	651	and the office.
652	652	(c) Except as provided by Subsection (d), the judge shall
653	653	deny without a hearing a petition for release filed without the
654	654	office's authorization if [the petition is frivolous or if]:
655	655	(1) the judge determines by a preponderance of the
656	656	evidence that [petitioner previously filed without the office's
657	657	authorization another petition for release; and
658	658	[(2) the judge determined on review of the previous
659	659	petition or following a hearing that:
660	660	[(A) the petition was frivolous; or
661	661	[(B)] the petitioner's behavioral abnormality
662	662	has [had] not changed to the extent that the petitioner is [was] no
663	663	longer likely to engage in a predatory act of sexual violence; or
664	664	(2) the petitioner has filed the petition for release
665	665	before the 180th day after the date an order was entered under
666	666	Subchapter D or F or a previous order was entered under this
667	667	section.
668	668	(d) The judge is not required to deny a petition under
669	669	Subsection (c)(2) if the judge determines by a preponderance of the
670	670	evidence [probable cause exists to believe] that the petitioner's
671	671	behavioral abnormality has changed to the extent that the
672	672	petitioner is no longer likely to engage in a predatory act of
673	673	sexual violence.
674	674	SECTION 21. Chapter 841, Health and Safety Code, is amended
675	675	by adding Subchapter I to read as follows:
676	676	SUBCHAPTER I. ADMINISTRATION OF CERTAIN MEDICATION TO CERTAIN
677	677	SEXUALLY VIOLENT PREDATORS
678	678	Sec. 841.201. DEFINITIONS. In this subchapter:
679	679	(1) "Capacity" means a committed person's ability to:
680	680	(A) understand the nature and consequences of a
681	681	proposed treatment, including the benefits, risks, and
682	682	alternatives to the proposed treatment; and
683	683	(B) make a decision whether to undergo the
684	684	proposed treatment.
685	685	(2) "Medication-related emergency" means a situation
686	686	in which it is immediately necessary to administer medication to a
687	687	committed person to prevent:
688	688	(A) imminent probable death or substantial
689	689	bodily harm to the committed person because the committed person:
690	690	(i) overtly or continually is threatening
691	691	or attempting to commit suicide or serious bodily harm; or
692	692	(ii) is behaving in a manner that indicates
693	693	that the committed person is unable to satisfy the committed
694	694	person's need for nourishment, essential medical care, or
695	695	self-protection; or
696	696	(B) imminent physical or emotional harm to
697	697	another because of threats, attempted acts, or acts the committed
698	698	person overtly or continually makes or commits.
699	699	(3) "Psychoactive medication" has the meaning
700	700	assigned by Section 574.101.
701	701	Sec. 841.202. ADMINISTRATION OF MEDICATION TO COMMITTED
702	702	PERSON. A person may not administer a psychoactive medication to a
703	703	committed person who refuses to take the medication voluntarily
704	704	unless:
705	705	(1) the committed person is having a
706	706	medication-related emergency; or
707	707	(2) the committed person is under an order issued
708	708	under Section 841.205 authorizing the administration of medication
709	709	regardless of the committed person's refusal.
710	710	Sec. 841.203. PHYSICIAN'S APPLICATION FOR ORDER TO
711	711	AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A
712	712	physician who is treating a committed person may, on behalf of the
713	713	state, file an application in a probate court or a court with
714	714	probate jurisdiction for an order to authorize the administration
715	715	of a psychoactive medication regardless of the committed person's
716	716	refusal if:
717	717	(1) the physician believes that the committed person
718	718	lacks the capacity to make a decision regarding the administration
719	719	of the psychoactive medication;
720	720	(2) the physician determines that the medication is
721	721	the proper course of treatment for the committed person;
722	722	(3) the committed person is receiving mental health
723	723	services under Section 841.0835 or other law; and
724	724	(4) the committed person, verbally or by other
725	725	indication, refuses to take the medication voluntarily.
726	726	(b) An application filed under this section must state:
727	727	(1) that the physician believes that the committed
728	728	person lacks the capacity to make a decision regarding
729	729	administration of the psychoactive medication and the reasons for
730	730	that belief;
731	731	(2) each medication the physician wants the court to
732	732	compel the committed person to take;
733	733	(3) whether the committed person is receiving mental
734	734	health services under Section 841.0835 or other law;
735	735	(4) the physician's diagnosis of the committed person;
736	736	and
737	737	(5) the proposed method for administering the
738	738	medication and, if the method is not customary, an explanation
739	739	justifying the departure from the customary methods.
740	740	(c) An application filed under this section is separate from
741	741	an application for court-ordered mental health services.
742	742	(d) A hearing on the application must be held not later than
743	743	the 30th day after the date the application was filed. If the
744	744	committed person is transferred to a mental health facility in
745	745	another county, the court may transfer the application to the
746	746	county where the committed person has been transferred.
747	747	(e) Subject to the requirement in Subsection (d) that the
748	748	hearing be held not later than the 30th day after the date the
749	749	application was filed, the court may grant one continuance on a
750	750	party's motion and for good cause shown. The court may grant more
751	751	than one continuance only with the agreement of the parties.
752	752	Sec. 841.204. RIGHTS OF COMMITTED PERSON. A committed
753	753	person for whom an application under Section 841.203 is filed is
754	754	entitled to:
755	755	(1) representation by a court-appointed attorney who
756	756	is knowledgeable about issues to be adjudicated at the hearing;
757	757	(2) meet with that attorney as soon as is practicable
758	758	to prepare for the hearing and to discuss any of the committed
759	759	person's questions or concerns;
760	760	(3) receive, immediately after the time of the hearing
761	761	is set, a copy of the application and written notice of the time,
762	762	place, and date of the hearing;
763	763	(4) be told, at the time personal notice of the hearing
764	764	is given, of the committed person's right to a hearing and right to
765	765	the assistance of an attorney to prepare for the hearing and to
766	766	answer any questions or concerns;
767	767	(5) be present at the hearing;
768	768	(6) request from the court an independent expert; and
769	769	(7) be notified orally, at the conclusion of the
770	770	hearing, of the court's determinations of the committed person's
771	771	capacity and best interests.
772	772	Sec. 841.205. HEARING AND ORDER AUTHORIZING PSYCHOACTIVE
773	773	MEDICATION. (a) The court may issue an order authorizing the
774	774	administration of one or more classes of psychoactive medication to
775	775	a committed person who is receiving mental health services under
776	776	Section 841.0835 or other law.
777	777	(b) The court may issue an order under this section only if
778	778	the court finds by clear and convincing evidence after a hearing
779	779	that the committed person:
780	780	(1) lacks the capacity to make a decision regarding
781	781	the administration of the proposed medication and treatment with
782	782	the proposed medication is in the best interest of the committed
783	783	person; or
784	784	(2) as determined under Section 841.206, presents a
785	785	danger to the committed person or others in the civil commitment
786	786	center in which the committed person is being treated.
787	787	(c) In making the finding that treatment with the proposed
788	788	medication is in the best interest of the committed person, the
789	789	court shall consider:
790	790	(1) the committed person's expressed preferences
791	791	regarding treatment with psychoactive medication;
792	792	(2) the committed person's religious beliefs;
793	793	(3) the risks and benefits, from the perspective of
794	794	the committed person, of taking psychoactive medication;
795	795	(4) the consequences to the committed person if the
796	796	psychoactive medication is not administered;
797	797	(5) the prognosis for the committed person if the
798	798	committed person is treated with psychoactive medication;
799	799	(6) alternative, less intrusive treatments that are
800	800	likely to produce the same results as treatment with psychoactive
801	801	medication; and
802	802	(7) less intrusive treatments likely to secure the
803	803	committed person's agreement to take the psychoactive medication.
804	804	(d) A hearing under this subchapter shall be conducted on
805	805	the record by the probate judge or judge with probate jurisdiction,
806	806	except as provided by Subsection (e).
807	807	(e) A judge may refer a hearing to a magistrate or
808	808	court-appointed associate judge who has training regarding
809	809	psychoactive medications. The magistrate or associate judge may
810	810	provide the notice, set hearing dates, and appoint attorneys as
811	811	required by this subchapter. A record is not required if the
812	812	hearing is held by a magistrate or court-appointed associate judge.
813	813	(f) A party is entitled to a hearing de novo by the judge if
814	814	an appeal of the magistrate's or associate judge's report is filed
815	815	with the court not later than the third day after the date the
816	816	report is issued. The hearing de novo must be held not later than
817	817	the 30th day after the date the application under Section 841.203
818	818	was filed.
819	819	(g) If a hearing or an appeal of a magistrate's or associate
820	820	judge's report is to be held in a county court in which the judge is
821	821	not a licensed attorney, the committed person or the committed
822	822	person's attorney may request that the proceeding be transferred to
823	823	a court with a judge who is licensed to practice law in this state.
824	824	The county judge shall transfer the case after receiving the
825	825	request, and the receiving court shall hear the case as if it had
826	826	been originally filed in that court.
827	827	(h) As soon as practicable after the conclusion of the
828	828	hearing, the committed person is entitled to have provided to the
829	829	committed person and the committed person's attorney written
830	830	notification of the court's determinations under this section. The
831	831	notification must include a statement of the evidence on which the
832	832	court relied and the reasons for the court's determinations.
833	833	(i) An order issued under this section shall authorize the
834	834	administration to a committed person, regardless of the committed
835	835	person's refusal, of one or more classes of psychoactive
836	836	medications specified in the application and consistent with the
837	837	committed person's diagnosis. The order shall permit an increase
838	838	or decrease in a medication's dosage, continuation of medication
839	839	authorized but discontinued during the period the order is valid,
840	840	or the substitution of a medication within the same class.
841	841	(j) The classes of psychoactive medications in the order
842	842	must conform to classes determined by the Health and Human Services
843	843	Commission.
844	844	(k) An order issued under this section may be reauthorized
845	845	or modified on the petition of a party. The order remains in effect
846	846	pending action on a petition for reauthorization or modification.
847	847	For the purpose of this subsection, "modification" means a change
848	848	of a class of medication authorized in the order.
849	849	Sec. 841.206. FINDING THAT COMMITTED PERSON PRESENTS A
850	850	DANGER. In making a finding under Section 841.205(b)(2) that the
851	851	committed person presents a danger to the committed person or
852	852	others in the civil commitment center in which the committed person
853	853	is being treated, the court shall consider:
854	854	(1) an assessment of the committed person's present
855	855	mental condition;
856	856	(2) whether the committed person has inflicted,
857	857	attempted to inflict, or made a serious threat of inflicting
858	858	substantial physical or emotional harm to the committed person's
859	859	self or to another while in the center; and
860	860	(3) whether the committed person, in the 180-day
861	861	period preceding the date the committed person was placed in the
862	862	center, has inflicted, attempted to inflict, or made a serious
863	863	threat of inflicting substantial physical or emotional harm to
864	864	another.
865	865	Sec. 841.207. COSTS. (a) The court shall order the payment
866	866	of reasonable compensation to attorneys, physicians, language
867	867	interpreters, sign interpreters, and associate judges appointed
868	868	under this subchapter. The compensation paid shall be assessed as
869	869	court costs.
870	870	(b) The agency responsible for services under Section
871	871	841.0835(a) shall pay as provided by Subsection (a) the costs of a
872	872	hearing held under Section 841.205 regarding an order for the
873	873	administration of psychoactive medication to a committed person.
874	874	Sec. 841.208. APPEAL. (a) An appeal from an order issued
875	875	under Section 841.205, or from a renewal or modification of an
876	876	order, must be filed in the court of appeals for the county in which
877	877	the order is issued.
878	878	(b) Notice of appeal must be filed not later than the 10th
879	879	day after the date on which the order is issued.
880	880	(c) When an appeal is filed, the clerk shall immediately
881	881	send a certified transcript of the proceedings to the court of
882	882	appeals.
883	883	(d) An order issued under Section 841.205 is effective
884	884	pending an appeal of the order.
885	885	(e) The court of appeals and supreme court shall give an
886	886	appeal under this section preference over all other cases and shall
887	887	advance the appeal on the docket. The courts may suspend all rules
888	888	relating to the time for filing briefs and docketing cases.
889	889	Sec. 841.209. EXPIRATION OF ORDER. An order issued under
890	890	Section 841.205 expires on the first anniversary of the date the
891	891	order was issued.
892	892	SECTION 22. The changes in law made by this Act in amending
893	893	Sections 20.02, 21.07, 21.08, 22.01, and 38.11, Penal Code, apply
894	894	only to an offense committed on or after the effective date of this
895	895	Act. An offense committed before the effective date of this Act is
896	896	governed by the law in effect on the date the offense was committed,
897	897	and the former law is continued in effect for that purpose. For
898	898	purposes of this section, an offense was committed before the
899	899	effective date of this Act if any element of the offense occurred
900	900	before that date.
901	901	SECTION 23. Chapter 14A, Civil Practice and Remedies Code,
902	902	as added by this Act, applies only to an action filed on or after the
903	903	effective date of this Act.
904	904	SECTION 24. Subchapter I, Chapter 841, Health and Safety
905	905	Code, as added by this Act, applies to a hearing ordering the
906	906	administration of psychoactive medication to a committed person
907	907	under that chapter that occurs on or after the effective date of
908	908	this Act, regardless of whether the applicable conduct of the
909	909	committed person being evaluated for that purpose occurred before,
910	910	on, or after the effective date of this Act.
911	911	SECTION 25. This Act takes effect September 1, 2023.