Texas 2025 - 89th Regular

Texas House Bill HB1552 Compare Versions

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11 89R4486 JDK-D
2- By: Paul, Rodríguez Ramos H.B. No. 1552
2+ By: Paul H.B. No. 1552
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to changing the name of the offense of child pornography to
1010 child sexual abuse material and to updating references to conform
1111 to that terminology.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The heading to Section 43.26, Penal Code, is
1414 amended to read as follows:
1515 Sec. 43.26. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE
1616 MATERIAL [PORNOGRAPHY].
1717 SECTION 2. The heading to Chapter 110, Business & Commerce
1818 Code, is amended to read as follows:
1919 CHAPTER 110. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD SEXUAL
2020 ABUSE MATERIAL [PORNOGRAPHY]
2121 SECTION 3. Section 110.001(1), Business & Commerce Code, is
2222 amended to read as follows:
2323 (1) "Child sexual abuse material [pornography]" means
2424 an image of a child engaging in sexual conduct or sexual
2525 performance.
2626 SECTION 4. The heading to Section 110.002, Business &
2727 Commerce Code, is amended to read as follows:
2828 Sec. 110.002. REPORTING OF IMAGES OF CHILD SEXUAL ABUSE
2929 MATERIAL [PORNOGRAPHY].
3030 SECTION 5. Sections 110.002(a) and (c), Business & Commerce
3131 Code, are amended to read as follows:
3232 (a) A computer technician who, in the course and scope of
3333 employment or business, views an image on a computer that is or
3434 appears to be child sexual abuse material [pornography] shall
3535 immediately report the discovery of the image to a local or state
3636 law enforcement agency or the Cyber Tipline at the National Center
3737 for Missing and Exploited Children. The report must include the
3838 name and address of the owner or person claiming a right to
3939 possession of the computer, if known, and as permitted by federal
4040 law.
4141 (c) A telecommunications provider, commercial mobile
4242 service provider, or information service provider may not be held
4343 liable under this chapter for the failure to report child sexual
4444 abuse material [pornography] that is transmitted or stored by a
4545 user of the service.
4646 SECTION 6. Section 110.003(b), Business & Commerce Code, is
4747 amended to read as follows:
4848 (b) It is a defense to prosecution under this section that
4949 the actor did not report the discovery of an image of child sexual
5050 abuse material [pornography] because the child in the image
5151 appeared to be at least 18 years of age.
5252 SECTION 7. Section 509.053(a), Business & Commerce Code, as
5353 added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
5454 Regular Session, 2023, is amended to read as follows:
5555 (a) In relation to a known minor's use of a digital service,
5656 a digital service provider shall develop and implement a strategy
5757 to prevent the known minor's exposure to harmful material and other
5858 content that promotes, glorifies, or facilitates:
5959 (1) suicide, self-harm, or eating disorders;
6060 (2) substance abuse;
6161 (3) stalking, bullying, or harassment; or
6262 (4) grooming, trafficking, child sexual abuse
6363 material [pornography], or other sexual exploitation or abuse.
6464 SECTION 8. Section 129B.004, Civil Practice and Remedies
6565 Code, is amended to read as follows:
6666 Sec. 129B.004. SEXUAL MATERIALS HEALTH WARNINGS. A
6767 commercial entity required to use reasonable age verification
6868 methods under Section 129B.002(a) shall:
6969 (1) display the following notices on the landing page
7070 of the Internet website on which sexual material harmful to minors
7171 is published or distributed and all advertisements for that
7272 Internet website in 14-point font or larger:
7373 "TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography
7474 is potentially biologically addictive, is proven to harm human
7575 brain development, desensitizes brain reward circuits, increases
7676 conditioned responses, and weakens brain function."
7777 "TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to
7878 this content is associated with low self-esteem and body image,
7979 eating disorders, impaired brain development, and other emotional
8080 and mental illnesses."
8181 "TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography
8282 increases the demand for prostitution, child exploitation, and
8383 child sexual abuse material [pornography]."; and
8484 (2) display the following notice at the bottom of
8585 every page of the Internet website in 14-point font or larger:
8686 "U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
8787 HELPLINE:
8888 1-800-662-HELP (4357) THIS HELPLINE IS A FREE, CONFIDENTIAL
8989 INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY,
9090 FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR
9191 SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL
9292 TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED
9393 ORGANIZATIONS."
9494 SECTION 9. Article 12.01, Code of Criminal Procedure, as
9595 amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
9696 422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
9797 709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
9898 and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
9999 2023, is reenacted and amended to read as follows:
100100 Art. 12.01. FELONIES. Except as provided in Articles
101101 12.015 and 12.03, felony indictments may be presented within these
102102 limits, and not afterward:
103103 (1) no limitation:
104104 (A) murder and manslaughter;
105105 (B) sexual assault under Section 22.011(a)(2),
106106 Penal Code, or aggravated sexual assault under Section
107107 22.021(a)(1)(B), Penal Code;
108108 (C) sexual assault, if:
109109 (i) during the investigation of the offense
110110 biological matter is collected and the matter:
111111 (a) has not yet been subjected to
112112 forensic DNA testing; or
113113 (b) has been subjected to forensic DNA
114114 testing and the testing results show that the matter does not match
115115 the victim or any other person whose identity is readily
116116 ascertained; or
117117 (ii) probable cause exists to believe that
118118 the defendant has committed the same or a similar sex offense
119119 against five or more victims;
120120 (D) continuous sexual abuse of young child or
121121 disabled individual under Section 21.02, Penal Code;
122122 (E) indecency with a child under Section 21.11,
123123 Penal Code;
124124 (F) an offense involving leaving the scene of a
125125 collision under Section 550.021, Transportation Code, if the
126126 collision resulted in the death of a person;
127127 (G) trafficking of persons under Section
128128 20A.02(a)(7) or (8), Penal Code;
129129 (H) continuous trafficking of persons under
130130 Section 20A.03, Penal Code;
131131 (I) compelling prostitution under Section
132132 43.05(a)(2) or (3), Penal Code; [or]
133133 (J) tampering with physical evidence under
134134 Section 37.09(a)(1) or (d)(1), Penal Code, if:
135135 (i) the evidence tampered with is a human
136136 corpse, as defined by that section; or
137137 (ii) the investigation of the offense shows
138138 that a reasonable person in the position of the defendant at the
139139 time of the commission of the offense would have cause to believe
140140 that the evidence tampered with is related to a criminal homicide
141141 under Chapter 19, Penal Code;
142142 (K) [(J)] interference with child custody under
143143 Section 25.03(a)(3), Penal Code; or
144144 (L) [(J)] burglary under Section 30.02, Penal
145145 Code, if:
146146 (i) the offense is punishable under
147147 Subsection (d) of that section because the defendant entered a
148148 habitation with the intent to commit an offense under Section
149149 22.011 or 22.021, Penal Code; and
150150 (ii) during the investigation of the
151151 offense biological matter is collected and the matter:
152152 (a) has not yet been subjected to
153153 forensic DNA testing; or
154154 (b) has been subjected to forensic DNA
155155 testing and the testing results show that the matter does not match
156156 the victim or any other person whose identity is readily
157157 ascertained;
158158 (2) ten years from the date of the commission of the
159159 offense:
160160 (A) theft of any estate, real, personal or mixed,
161161 by an executor, administrator, guardian or trustee, with intent to
162162 defraud any creditor, heir, legatee, ward, distributee,
163163 beneficiary or settlor of a trust interested in such estate;
164164 (B) theft by a public servant of government
165165 property over which the public servant exercises control in the
166166 public servant's official capacity;
167167 (C) forgery or the uttering, using, or passing of
168168 forged instruments;
169169 (D) injury to an elderly or disabled individual
170170 punishable as a felony of the first degree under Section 22.04,
171171 Penal Code;
172172 (E) sexual assault, except as provided by
173173 Subdivision (1) or (9) [(8)];
174174 (F) arson;
175175 (G) trafficking of persons under Section
176176 20A.02(a)(1), (2), (3), or (4), Penal Code; or
177177 (H) compelling prostitution under Section
178178 43.05(a)(1), Penal Code;
179179 (3) seven years from the date of the commission of the
180180 offense:
181181 (A) misapplication of fiduciary property or
182182 property of a financial institution;
183183 (B) fraudulent securing of document execution;
184184 (C) a felony violation under Chapter 162, Tax
185185 Code;
186186 (D) false statement to obtain property or credit
187187 under Section 32.32, Penal Code;
188188 (E) money laundering;
189189 (F) credit card or debit card abuse under Section
190190 32.31, Penal Code;
191191 (G) fraudulent use or possession of identifying
192192 information under Section 32.51, Penal Code;
193193 (H) exploitation of a child, elderly individual,
194194 or disabled individual under Section 32.53, Penal Code;
195195 (I) health care fraud under Section 35A.02, Penal
196196 Code;
197197 (J) bigamy under Section 25.01, Penal Code,
198198 except as provided by Subdivision (7); or
199199 (K) possession or promotion of child sexual abuse
200200 material [pornography] under Section 43.26, Penal Code;
201201 (4) five years from the date of the commission of the
202202 offense:
203203 (A) theft or robbery;
204204 (B) except as provided by Subdivision (5),
205205 kidnapping;
206206 (C) [(B-1)] except as provided by Subdivision
207207 (1) or (5), burglary;
208208 (D) [(C)] injury to an elderly or disabled
209209 individual that is not punishable as a felony of the first degree
210210 under Section 22.04, Penal Code;
211211 (E) [(D)] abandoning or endangering an [a
212212 child,] elderly [individual,] or disabled individual;
213213 (F) [(E)] insurance fraud;
214214 (G) [(F)] assault under Section 22.01, Penal
215215 Code, if the assault was committed against a person whose
216216 relationship to or association with the defendant is described by
217217 Section 71.0021(b), 71.003, or 71.005, Family Code;
218218 (H) [(G)] continuous violence against the family
219219 under Section 25.11, Penal Code; or
220220 (I) [(H)] aggravated assault under Section
221221 22.02, Penal Code;
222222 (5) if the investigation of the offense shows that the
223223 victim is younger than 17 years of age at the time the offense is
224224 committed, 20 years from the 18th birthday of the victim of one of
225225 the following offenses:
226226 (A) kidnapping under Section 20.03, Penal Code,
227227 or aggravated kidnapping under Section 20.04, Penal Code; or
228228 (B) subject to Subdivision (1)(L) [(1)(J)],
229229 burglary under Section 30.02, Penal Code, if the offense is
230230 punishable under Subsection (d) of that section because the
231231 defendant entered a habitation with the intent to commit an offense
232232 described by Subdivision (1)(B) or (D) of this article or Paragraph
233233 (A) of this subdivision;
234234 (6) 20 years from the 18th birthday of the victim of
235235 one of the following offenses:
236236 (A) trafficking of a child [persons] under
237237 Section 20A.02(a)(5) or (6), Penal Code; or
238238 (B) sexual performance by a child under Section
239239 43.25, Penal Code;
240240 (7) ten years from the 18th birthday of the victim of
241241 the offense:
242242 (A) injury to a child under Section 22.04, Penal
243243 Code;
244244 (B) bigamy under Section 25.01, Penal Code, if
245245 the investigation of the offense shows that the person, other than
246246 the legal spouse of the defendant, whom the defendant marries or
247247 purports to marry or with whom the defendant lives under the
248248 appearance of being married is younger than 18 years of age at the
249249 time the offense is committed; or
250250 (C) [(D)] abandoning or endangering a child;
251251 (8) [(7)] ten years from the date the offense was
252252 discovered: trafficking of a disabled individual under Section
253253 20A.02(a)(5) or (6), Penal Code;
254254 (9) [(8)] two years from the date the offense was
255255 discovered: sexual assault punishable as a state jail felony under
256256 Section 22.011(f)(2), Penal Code; or
257257 (10) [(9)] three years from the date of the commission
258258 of the offense: all other felonies.
259259 SECTION 10. Articles 18.18(a), (b), (e), (f), (g), and (h),
260260 Code of Criminal Procedure, are amended to read as follows:
261261 (a) Following the final conviction of a person for
262262 possession of a gambling device or equipment, altered gambling
263263 equipment, or gambling paraphernalia, for an offense involving a
264264 criminal instrument, for an offense involving an obscene device or
265265 material, for an offense involving child sexual abuse material
266266 [pornography], or for an offense involving a scanning device or
267267 re-encoder, the court entering the judgment of conviction shall
268268 order that the machine, device, gambling equipment or gambling
269269 paraphernalia, instrument, obscene device or material, child
270270 sexual abuse material [pornography], or scanning device or
271271 re-encoder be destroyed or forfeited to the state. Not later than
272272 the 30th day after the final conviction of a person for an offense
273273 involving a prohibited weapon, the court entering the judgment of
274274 conviction on its own motion, on the motion of the prosecuting
275275 attorney in the case, or on the motion of the law enforcement agency
276276 initiating the complaint on notice to the prosecuting attorney in
277277 the case if the prosecutor fails to move for the order shall order
278278 that the prohibited weapon be destroyed or forfeited to the law
279279 enforcement agency that initiated the complaint. If the court fails
280280 to enter the order within the time required by this subsection, any
281281 magistrate in the county in which the offense occurred may enter the
282282 order. Following the final conviction of a person for an offense
283283 involving dog fighting, the court entering the judgment of
284284 conviction shall order that any dog-fighting equipment be destroyed
285285 or forfeited to the state. Destruction of dogs, if necessary, must
286286 be carried out by a veterinarian licensed in this state or, if one
287287 is not available, by trained personnel of a humane society or an
288288 animal shelter. If forfeited, the court shall order the contraband
289289 delivered to the state, any political subdivision of the state, or
290290 to any state institution or agency. If gambling proceeds were
291291 seized, the court shall order them forfeited to the state and shall
292292 transmit them to the grand jury of the county in which they were
293293 seized for use in investigating alleged violations of the Penal
294294 Code, or to the state, any political subdivision of the state, or to
295295 any state institution or agency.
296296 (b) If there is no prosecution or conviction following
297297 seizure, the magistrate to whom the return was made shall notify in
298298 writing the person found in possession of the alleged gambling
299299 device or equipment, altered gambling equipment or gambling
300300 paraphernalia, gambling proceeds, prohibited weapon, obscene
301301 device or material, child sexual abuse material [pornography],
302302 scanning device or re-encoder, criminal instrument, or
303303 dog-fighting equipment to show cause why the property seized should
304304 not be destroyed or the proceeds forfeited. The magistrate, on the
305305 motion of the law enforcement agency seizing a prohibited weapon,
306306 shall order the weapon destroyed or forfeited to the law
307307 enforcement agency seizing the weapon, unless a person shows cause
308308 as to why the prohibited weapon should not be destroyed or
309309 forfeited. A law enforcement agency shall make a motion under this
310310 subsection [section] in a timely manner after the time at which the
311311 agency is informed in writing by the attorney representing the
312312 state that no prosecution will arise from the seizure.
313313 (e) Any person interested in the alleged gambling device or
314314 equipment, altered gambling equipment or gambling paraphernalia,
315315 gambling proceeds, prohibited weapon, obscene device or material,
316316 child sexual abuse material [pornography], scanning device or
317317 re-encoder, criminal instrument, or dog-fighting equipment seized
318318 must appear before the magistrate on the 20th day following the date
319319 the notice was mailed or posted. Failure to timely appear forfeits
320320 any interest the person may have in the property or proceeds seized,
321321 and no person after failing to timely appear may contest
322322 destruction or forfeiture.
323323 (f) If a person timely appears to show cause why the
324324 property or proceeds should not be destroyed or forfeited, the
325325 magistrate shall conduct a hearing on the issue and determine the
326326 nature of property or proceeds and the person's interest therein.
327327 Unless the person proves by a preponderance of the evidence that the
328328 property or proceeds is not gambling equipment, altered gambling
329329 equipment, gambling paraphernalia, gambling device, gambling
330330 proceeds, prohibited weapon, obscene device or material, child
331331 sexual abuse material [pornography], criminal instrument, scanning
332332 device or re-encoder, or dog-fighting equipment and that the person
333333 [he] is entitled to possession, the magistrate shall dispose of the
334334 property or proceeds in accordance with Subsection [Paragraph] (a)
335335 [of this article].
336336 (g) For purposes of this article:
337337 (1) "criminal instrument" has the meaning defined in
338338 the Penal Code;
339339 (2) "gambling device or equipment, altered gambling
340340 equipment or gambling paraphernalia" has the meaning defined in the
341341 Penal Code;
342342 (3) "prohibited weapon" has the meaning defined in the
343343 Penal Code;
344344 (4) "dog-fighting equipment" means:
345345 (A) equipment used for training or handling a
346346 fighting dog, including a harness, treadmill, cage, decoy, pen,
347347 house for keeping a fighting dog, feeding apparatus, or training
348348 pen;
349349 (B) equipment used for transporting a fighting
350350 dog, including any automobile[,] or other vehicle, and its
351351 appurtenances which are intended to be used as a vehicle for
352352 transporting a fighting dog;
353353 (C) equipment used to promote or advertise an
354354 exhibition of dog fighting, including a printing press or similar
355355 equipment, paper, ink, or photography equipment; or
356356 (D) a dog trained, being trained, or intended to
357357 be used to fight with another dog;
358358 (5) "obscene device" and "obscene" have the meanings
359359 assigned by Section 43.21, Penal Code;
360360 (6) "re-encoder" has the meaning assigned by Section
361361 522.001, Business & Commerce Code;
362362 (7) "scanning device" has the meaning assigned by
363363 Section 522.001, Business & Commerce Code; and
364364 (8) "obscene material" and "child sexual abuse
365365 material [pornography]" include digital images and the media and
366366 equipment on which those images are stored.
367367 (h) No provider of an electronic communication service or of
368368 a remote computing service to the public shall be held liable for an
369369 offense involving obscene material or child sexual abuse material
370370 [pornography] under this article [section] on account of any action
371371 taken in good faith in providing that service.
372372 SECTION 11. Section 2(a), Article 38.37, Code of Criminal
373373 Procedure, is amended to read as follows:
374374 (a) Subsection (b) applies only to the trial of a defendant
375375 for:
376376 (1) an offense under any of the following provisions
377377 of the Penal Code:
378378 (A) Section 20A.02, if punishable as a felony of
379379 the first degree under Section 20A.02(b)(1) (Labor or Sex
380380 Trafficking of a Child or Disabled Individual);
381381 (B) Section 21.02 (Continuous Sexual Abuse of
382382 Young Child or Disabled Individual);
383383 (C) Section 21.11 (Indecency With a Child);
384384 (D) Section 22.011(a)(2) (Sexual Assault of a
385385 Child);
386386 (E) Sections 22.021(a)(1)(B) and (2) (Aggravated
387387 Sexual Assault of a Child);
388388 (F) Section 33.021 (Online Solicitation of a
389389 Minor);
390390 (G) Section 43.25 (Sexual Performance by a
391391 Child); or
392392 (H) Section 43.26 (Possession or Promotion of
393393 Child Sexual Abuse Material [Pornography]), Penal Code; or
394394 (2) an attempt or conspiracy to commit an offense
395395 described by Subdivision (1).
396396 SECTION 12. Article 38.45(a), Code of Criminal Procedure,
397397 is amended to read as follows:
398398 (a) During the course of a criminal hearing or proceeding,
399399 the court may not make available or allow to be made available for
400400 copying or dissemination to the public property or material:
401401 (1) that constitutes child sexual abuse material
402402 [pornography], as described by Section 43.26(a)(1), Penal Code;
403403 (2) the promotion or possession of which is prohibited
404404 under Section 43.261, Penal Code; or
405405 (3) that is described by Section 2 or 5, Article
406406 38.071, of this code.
407407 SECTION 13. Article 39.15(a), Code of Criminal Procedure,
408408 is amended to read as follows:
409409 (a) In the manner provided by this article, a court shall
410410 allow discovery under Article 39.14 of property or material:
411411 (1) that constitutes child sexual abuse material
412412 [pornography], as described by Section 43.26(a)(1), Penal Code;
413413 (2) the promotion or possession of which is prohibited
414414 under Section 43.261, Penal Code; or
415415 (3) that is described by Section 2 or 5, Article
416416 38.071, of this code.
417417 SECTION 14. Article 42A.054(a), Code of Criminal Procedure,
418418 is amended to read as follows:
419419 (a) Article 42A.053 does not apply to a defendant adjudged
420420 guilty of an offense under:
421421 (1) Section 15.03, Penal Code, if the offense is
422422 punishable as a felony of the first degree;
423423 (2) Section 19.02, Penal Code (Murder);
424424 (3) Section 19.03, Penal Code (Capital Murder);
425425 (4) Section 20.04, Penal Code (Aggravated
426426 Kidnapping);
427427 (5) Section 20A.02, Penal Code (Trafficking of
428428 Persons);
429429 (6) Section 20A.03, Penal Code (Continuous
430430 Trafficking of Persons);
431431 (7) Section 21.11, Penal Code (Indecency with a
432432 Child);
433433 (8) Section 22.011, Penal Code (Sexual Assault);
434434 (9) Section 22.021, Penal Code (Aggravated Sexual
435435 Assault);
436436 (10) Section 22.04(a)(1), Penal Code (Injury to a
437437 Child, Elderly Individual, or Disabled Individual), if:
438438 (A) the offense is punishable as a felony of the
439439 first degree; and
440440 (B) the victim of the offense is a child;
441441 (11) Section 29.03, Penal Code (Aggravated Robbery);
442442 (12) Section 30.02, Penal Code (Burglary), if:
443443 (A) the offense is punishable under Subsection
444444 (d) of that section; and
445445 (B) the actor committed the offense with the
446446 intent to commit a felony under Section 21.02, 21.11, 22.011,
447447 22.021, or 25.02, Penal Code;
448448 (13) Section 43.04, Penal Code (Aggravated Promotion
449449 of Prostitution);
450450 (14) Section 43.05, Penal Code (Compelling
451451 Prostitution);
452452 (15) Section 43.25, Penal Code (Sexual Performance by
453453 a Child);
454454 (16) Section 43.26, Penal Code (Possession or
455455 Promotion of Child Sexual Abuse Material [Pornography]);
456456 (17) Chapter 481, Health and Safety Code, for which
457457 punishment is increased under:
458458 (A) Section 481.140 of that code (Use of Child in
459459 Commission of Offense); or
460460 (B) Section 481.134(c), (d), (e), or (f) of that
461461 code (Drug-free Zones) if it is shown that the defendant has been
462462 previously convicted of an offense for which punishment was
463463 increased under any of those subsections; or
464464 (18) Section 481.1123, Health and Safety Code
465465 (Manufacture or Delivery of Substance in Penalty Group 1-B), if the
466466 offense is punishable under Subsection (d), (e), or (f) of that
467467 section.
468468 SECTION 15. Article 42A.251(2), Code of Criminal Procedure,
469469 is amended to read as follows:
470470 (2) "Sex offender" means a person who has been
471471 convicted of, or has entered a plea of guilty or nolo contendere
472472 for, an offense under any one of the following provisions of the
473473 Penal Code:
474474 (A) Section 20.04(a)(4) (Aggravated Kidnapping),
475475 if the person committed the offense with the intent to violate or
476476 abuse the victim sexually;
477477 (B) Section 21.08 (Indecent Exposure);
478478 (C) Section 21.11 (Indecency with a Child);
479479 (D) Section 22.011 (Sexual Assault);
480480 (E) Section 22.021 (Aggravated Sexual Assault);
481481 (F) Section 25.02 (Prohibited Sexual Conduct);
482482 (G) Section 30.02 (Burglary), if:
483483 (i) the offense is punishable under
484484 Subsection (d) of that section; and
485485 (ii) the person committed the offense with
486486 the intent to commit a felony listed in this subdivision;
487487 (H) Section 43.25 (Sexual Performance by a
488488 Child); or
489489 (I) Section 43.26 (Possession or Promotion of
490490 Child Sexual Abuse Material [Pornography]).
491491 SECTION 16. Article 62.001(5), Code of Criminal Procedure,
492492 is amended to read as follows:
493493 (5) "Reportable conviction or adjudication" means a
494494 conviction or adjudication, including an adjudication of
495495 delinquent conduct or a deferred adjudication, that, regardless of
496496 the pendency of an appeal, is a conviction for or an adjudication
497497 for or based on:
498498 (A) a violation of Section 21.02 (Continuous
499499 sexual abuse of young child or disabled individual), 21.09
500500 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
501501 assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
502502 sexual conduct), Penal Code;
503503 (B) a violation of Section 43.04 (Aggravated
504504 promotion of prostitution), 43.05 (Compelling prostitution), 43.25
505505 (Sexual performance by a child), or 43.26 (Possession or promotion
506506 of child sexual abuse material [pornography]), Penal Code;
507507 (B-1) a violation of Section 43.021
508508 (Solicitation of Prostitution), Penal Code, if the offense is
509509 punishable as a felony of the second degree;
510510 (C) a violation of Section 20.04(a)(4)
511511 (Aggravated kidnapping), Penal Code, if the actor committed the
512512 offense or engaged in the conduct with intent to violate or abuse
513513 the victim sexually;
514514 (D) a violation of Section 30.02 (Burglary),
515515 Penal Code, if the offense or conduct is punishable under
516516 Subsection (d) of that section and the actor committed the offense
517517 or engaged in the conduct with intent to commit a felony listed in
518518 Paragraph (A) or (C);
519519 (E) a violation of Section 20.02 (Unlawful
520520 restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
521521 Penal Code, if, as applicable:
522522 (i) the judgment in the case contains an
523523 affirmative finding under Article 42.015; or
524524 (ii) the order in the hearing or the papers
525525 in the case contain an affirmative finding that the victim or
526526 intended victim was younger than 17 years of age;
527527 (F) the second violation of Section 21.08
528528 (Indecent exposure), Penal Code, but not if the second violation
529529 results in a deferred adjudication;
530530 (G) an attempt, conspiracy, or solicitation, as
531531 defined by Chapter 15, Penal Code, to commit an offense or engage in
532532 conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
533533 (H) a violation of the laws of another state,
534534 federal law, the laws of a foreign country, or the Uniform Code of
535535 Military Justice for or based on the violation of an offense
536536 containing elements that are substantially similar to the elements
537537 of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
538538 (G), (J), (K), or (L), but not if the violation results in a
539539 deferred adjudication;
540540 (I) the second violation of the laws of another
541541 state, federal law, the laws of a foreign country, or the Uniform
542542 Code of Military Justice for or based on the violation of an offense
543543 containing elements that are substantially similar to the elements
544544 of the offense of indecent exposure, but not if the second violation
545545 results in a deferred adjudication;
546546 (J) a violation of Section 33.021 (Online
547547 solicitation of a minor), Penal Code;
548548 (K) a violation of Section 20A.02(a)(3), (4),
549549 (7), or (8) (Trafficking of persons), Penal Code; or
550550 (L) a violation of Section 20A.03 (Continuous
551551 trafficking of persons), Penal Code, if the offense is based partly
552552 or wholly on conduct that constitutes an offense under Section
553553 20A.02(a)(3), (4), (7), or (8) of that code.
554554 SECTION 17. Section 201.062(a), Estates Code, is amended to
555555 read as follows:
556556 (a) A probate court may enter an order declaring that the
557557 parent of a child under 18 years of age may not inherit from or
558558 through the child under the laws of descent and distribution if the
559559 court finds by clear and convincing evidence that the parent has:
560560 (1) voluntarily abandoned and failed to support the
561561 child in accordance with the parent's obligation or ability for at
562562 least three years before the date of the child's death, and did not
563563 resume support for the child before that date;
564564 (2) voluntarily and with knowledge of the pregnancy:
565565 (A) abandoned the child's mother beginning at a
566566 time during her pregnancy with the child and continuing through the
567567 birth;
568568 (B) failed to provide adequate support or medical
569569 care for the mother during the period of abandonment before the
570570 child's birth; and
571571 (C) remained apart from and failed to support the
572572 child since birth; or
573573 (3) been convicted or has been placed on community
574574 supervision, including deferred adjudication community
575575 supervision, for being criminally responsible for the death or
576576 serious injury of a child under the following sections of the Penal
577577 Code or adjudicated under Title 3, Family Code, for conduct that
578578 caused the death or serious injury of a child and that would
579579 constitute a violation of one of the following sections of the Penal
580580 Code:
581581 (A) Section 19.02 (murder);
582582 (B) Section 19.03 (capital murder);
583583 (C) Section 19.04 (manslaughter);
584584 (D) Section 21.11 (indecency with a child);
585585 (E) Section 22.01 (assault);
586586 (F) Section 22.011 (sexual assault);
587587 (G) Section 22.02 (aggravated assault);
588588 (H) Section 22.021 (aggravated sexual assault);
589589 (I) Section 22.04 (injury to a child, elderly
590590 individual, or disabled individual);
591591 (J) Section 22.041 (abandoning or endangering a
592592 child, elderly individual, or disabled individual);
593593 (K) Section 25.02 (prohibited sexual conduct);
594594 (L) Section 43.25 (sexual performance by a
595595 child); or
596596 (M) Section 43.26 (possession or promotion of
597597 child sexual abuse material [pornography]).
598598 SECTION 18. Section 161.001(b), Family Code, is amended to
599599 read as follows:
600600 (b) The court may order termination of the parent-child
601601 relationship if the court finds by clear and convincing evidence:
602602 (1) that the parent has:
603603 (A) voluntarily left the child alone or in the
604604 possession of another not the parent and expressed an intent not to
605605 return;
606606 (B) voluntarily left the child alone or in the
607607 possession of another not the parent without expressing an intent
608608 to return, without providing for the adequate support of the child,
609609 and remained away for a period of at least three months;
610610 (C) voluntarily left the child alone or in the
611611 possession of another without providing adequate support of the
612612 child and remained away for a period of at least six months;
613613 (D) knowingly placed or knowingly allowed the
614614 child to remain in conditions or surroundings which endanger the
615615 physical or emotional well-being of the child;
616616 (E) engaged in conduct or knowingly placed the
617617 child with persons who engaged in conduct which endangers the
618618 physical or emotional well-being of the child;
619619 (F) failed to support the child in accordance
620620 with the parent's ability during a period of one year ending within
621621 six months of the date of the filing of the petition;
622622 (G) abandoned the child without identifying the
623623 child or furnishing means of identification, and the child's
624624 identity cannot be ascertained by the exercise of reasonable
625625 diligence;
626626 (H) voluntarily, and with knowledge of the
627627 pregnancy, abandoned the mother of the child beginning at a time
628628 during her pregnancy with the child and continuing through the
629629 birth, failed to provide adequate support or medical care for the
630630 mother during the period of abandonment before the birth of the
631631 child, and remained apart from the child or failed to support the
632632 child since the birth;
633633 (I) contumaciously refused to submit to a
634634 reasonable and lawful order of a court under Subchapter D, Chapter
635635 261;
636636 (J) been the major cause of:
637637 (i) the failure of the child to be enrolled
638638 in school as required by the Education Code; or
639639 (ii) the child's absence from the child's
640640 home without the consent of the parents or guardian for a
641641 substantial length of time or without the intent to return;
642642 (K) executed before or after the suit is filed an
643643 unrevoked or irrevocable affidavit of relinquishment of parental
644644 rights as provided by this chapter;
645645 (L) been convicted or has been placed on
646646 community supervision, including deferred adjudication community
647647 supervision, for being criminally responsible for the death or
648648 serious injury of a child under the following sections of the Penal
649649 Code, or under a law of another jurisdiction that contains elements
650650 that are substantially similar to the elements of an offense under
651651 one of the following Penal Code sections, or adjudicated under
652652 Title 3 for conduct that caused the death or serious injury of a
653653 child and that would constitute a violation of one of the following
654654 Penal Code sections:
655655 (i) Section 19.02 (murder);
656656 (ii) Section 19.03 (capital murder);
657657 (iii) Section 19.04 (manslaughter);
658658 (iv) Section 21.11 (indecency with a
659659 child);
660660 (v) Section 22.01 (assault);
661661 (vi) Section 22.011 (sexual assault);
662662 (vii) Section 22.02 (aggravated assault);
663663 (viii) Section 22.021 (aggravated sexual
664664 assault);
665665 (ix) Section 22.04 (injury to a child,
666666 elderly individual, or disabled individual);
667667 (x) Section 22.041 (abandoning or
668668 endangering a child, elderly individual, or disabled individual);
669669 (xi) Section 25.02 (prohibited sexual
670670 conduct);
671671 (xii) Section 43.25 (sexual performance by
672672 a child);
673673 (xiii) Section 43.26 (possession or
674674 promotion of child sexual abuse material [pornography]);
675675 (xiv) Section 21.02 (continuous sexual
676676 abuse of young child or disabled individual);
677677 (xv) Section 20A.02(a)(7) or (8)
678678 (trafficking of persons); and
679679 (xvi) Section 43.05(a)(2) (compelling
680680 prostitution);
681681 (M) had his or her parent-child relationship
682682 terminated with respect to another child based on a finding that the
683683 parent's conduct was in violation of Paragraph (D) or (E) or
684684 substantially equivalent provisions of the law of another state;
685685 (N) constructively abandoned the child who has
686686 been in the permanent or temporary managing conservatorship of the
687687 Department of Family and Protective Services for not less than six
688688 months, and:
689689 (i) the department has made reasonable
690690 efforts to return the child to the parent;
691691 (ii) the parent has not regularly visited
692692 or maintained significant contact with the child; and
693693 (iii) the parent has demonstrated an
694694 inability to provide the child with a safe environment;
695695 (O) failed to comply with the provisions of a
696696 court order that specifically established the actions necessary for
697697 the parent to obtain the return of the child who has been in the
698698 permanent or temporary managing conservatorship of the Department
699699 of Family and Protective Services for not less than nine months as a
700700 result of the child's removal from the parent under Chapter 262 for
701701 the abuse or neglect of the child;
702702 (P) used a controlled substance, as defined by
703703 Chapter 481, Health and Safety Code, in a manner that endangered the
704704 health or safety of the child, and:
705705 (i) failed to complete a court-ordered
706706 substance abuse treatment program; or
707707 (ii) after completion of a court-ordered
708708 substance abuse treatment program, continued to abuse a controlled
709709 substance;
710710 (Q) knowingly engaged in criminal conduct that
711711 has resulted in the parent's:
712712 (i) conviction of an offense; and
713713 (ii) confinement or imprisonment and
714714 inability to care for the child for not less than two years from the
715715 date of filing the petition;
716716 (R) been the cause of the child being born
717717 addicted to alcohol or a controlled substance, other than a
718718 controlled substance legally obtained by prescription;
719719 (S) voluntarily delivered the child to a
720720 designated emergency infant care provider under Section 262.302
721721 without expressing an intent to return for the child;
722722 (T) been convicted of:
723723 (i) the murder of the other parent of the
724724 child under Section 19.02 or 19.03, Penal Code, or under a law of
725725 another state, federal law, the law of a foreign country, or the
726726 Uniform Code of Military Justice that contains elements that are
727727 substantially similar to the elements of an offense under Section
728728 19.02 or 19.03, Penal Code;
729729 (ii) criminal attempt under Section 15.01,
730730 Penal Code, or under a law of another state, federal law, the law of
731731 a foreign country, or the Uniform Code of Military Justice that
732732 contains elements that are substantially similar to the elements of
733733 an offense under Section 15.01, Penal Code, to commit the offense
734734 described by Subparagraph (i);
735735 (iii) criminal solicitation under Section
736736 15.03, Penal Code, or under a law of another state, federal law, the
737737 law of a foreign country, or the Uniform Code of Military Justice
738738 that contains elements that are substantially similar to the
739739 elements of an offense under Section 15.03, Penal Code, of the
740740 offense described by Subparagraph (i); or
741741 (iv) the sexual assault of the other parent
742742 of the child under Section 22.011 or 22.021, Penal Code, or under a
743743 law of another state, federal law, or the Uniform Code of Military
744744 Justice that contains elements that are substantially similar to
745745 the elements of an offense under Section 22.011 or 22.021, Penal
746746 Code;
747747 (U) been placed on community supervision,
748748 including deferred adjudication community supervision, or another
749749 functionally equivalent form of community supervision or
750750 probation, for being criminally responsible for the sexual assault
751751 of the other parent of the child under Section 22.011 or 22.021,
752752 Penal Code, or under a law of another state, federal law, or the
753753 Uniform Code of Military Justice that contains elements that are
754754 substantially similar to the elements of an offense under Section
755755 22.011 or 22.021, Penal Code; or
756756 (V) been convicted of:
757757 (i) criminal solicitation of a minor under
758758 Section 15.031, Penal Code, or under a law of another state, federal
759759 law, the law of a foreign country, or the Uniform Code of Military
760760 Justice that contains elements that are substantially similar to
761761 the elements of an offense under Section 15.031, Penal Code; or
762762 (ii) online solicitation of a minor under
763763 Section 33.021, Penal Code, or under a law of another state, federal
764764 law, the law of a foreign country, or the Uniform Code of Military
765765 Justice that contains elements that are substantially similar to
766766 the elements of an offense under Section 33.021, Penal Code; and
767767 (2) that termination is in the best interest of the
768768 child.
769769 SECTION 19. Section 261.001(1), Family Code, is amended to
770770 read as follows:
771771 (1) "Abuse" includes the following acts or omissions
772772 by a person:
773773 (A) mental or emotional injury to a child that
774774 results in an observable and material impairment in the child's
775775 growth, development, or psychological functioning;
776776 (B) causing or permitting the child to be in a
777777 situation in which the child sustains a mental or emotional injury
778778 that results in an observable and material impairment in the
779779 child's growth, development, or psychological functioning;
780780 (C) physical injury that results in substantial
781781 harm to the child, or the genuine threat of substantial harm from
782782 physical injury to the child, including an injury that is at
783783 variance with the history or explanation given and excluding an
784784 accident or reasonable discipline by a parent, guardian, or
785785 managing or possessory conservator that does not expose the child
786786 to a substantial risk of harm;
787787 (D) failure to make a reasonable effort to
788788 prevent an action by another person that results in physical injury
789789 that results in substantial harm to the child;
790790 (E) sexual conduct harmful to a child's mental,
791791 emotional, or physical welfare, including conduct that constitutes
792792 the offense of continuous sexual abuse of young child or disabled
793793 individual under Section 21.02, Penal Code, indecency with a child
794794 under Section 21.11, Penal Code, sexual assault under Section
795795 22.011, Penal Code, or aggravated sexual assault under Section
796796 22.021, Penal Code;
797797 (F) failure to make a reasonable effort to
798798 prevent sexual conduct harmful to a child;
799799 (G) compelling or encouraging the child to engage
800800 in sexual conduct as defined by Section 43.01, Penal Code,
801801 including compelling or encouraging the child in a manner that
802802 constitutes an offense of trafficking of persons under Section
803803 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
804804 Section 43.021, Penal Code, or compelling prostitution under
805805 Section 43.05(a)(2), Penal Code;
806806 (H) causing, permitting, encouraging, engaging
807807 in, or allowing the photographing, filming, or depicting of the
808808 child if the person knew or should have known that the resulting
809809 photograph, film, or depiction of the child:
810810 (i) is obscene as defined by Section 43.21,
811811 Penal Code;[,] or
812812 (ii) constitutes child sexual abuse
813813 material [pornographic];
814814 (I) the current use by a person of a controlled
815815 substance as defined by Chapter 481, Health and Safety Code, in a
816816 manner or to the extent that the use results in physical, mental, or
817817 emotional injury to a child;
818818 (J) causing, expressly permitting, or
819819 encouraging a child to use a controlled substance as defined by
820820 Chapter 481, Health and Safety Code;
821821 (K) causing, permitting, encouraging, engaging
822822 in, or allowing a sexual performance by a child as defined by
823823 Section 43.25, Penal Code;
824824 (L) knowingly causing, permitting, encouraging,
825825 engaging in, or allowing a child to be trafficked in a manner
826826 punishable as an offense under Section 20A.02(a)(5), (6), (7), or
827827 (8), Penal Code, or the failure to make a reasonable effort to
828828 prevent a child from being trafficked in a manner punishable as an
829829 offense under any of those sections; or
830830 (M) forcing or coercing a child to enter into a
831831 marriage.
832832 SECTION 20. Section 262.2015(b), Family Code, is amended to
833833 read as follows:
834834 (b) The court may find under Subsection (a) that a parent
835835 has subjected the child to aggravated circumstances if:
836836 (1) the parent abandoned the child without
837837 identification or a means for identifying the child;
838838 (2) the child or another child of the parent is a
839839 victim of serious bodily injury or sexual abuse inflicted by the
840840 parent or by another person with the parent's consent;
841841 (3) the parent has engaged in conduct against the
842842 child or another child of the parent that would constitute an
843843 offense under the following provisions of the Penal Code:
844844 (A) Section 19.02 (murder);
845845 (B) Section 19.03 (capital murder);
846846 (C) Section 19.04 (manslaughter);
847847 (D) Section 21.11 (indecency with a child);
848848 (E) Section 22.011 (sexual assault);
849849 (F) Section 22.02 (aggravated assault);
850850 (G) Section 22.021 (aggravated sexual assault);
851851 (H) Section 22.04 (injury to a child, elderly
852852 individual, or disabled individual);
853853 (I) Section 22.041 (abandoning or endangering a
854854 child, elderly individual, or disabled individual);
855855 (J) Section 25.02 (prohibited sexual conduct);
856856 (K) Section 43.25 (sexual performance by a
857857 child);
858858 (L) Section 43.26 (possession or promotion of
859859 child sexual abuse material [pornography]);
860860 (M) Section 21.02 (continuous sexual abuse of
861861 young child or disabled individual);
862862 (N) Section 43.05(a)(2) (compelling
863863 prostitution); or
864864 (O) Section 20A.02(a)(7) or (8) (trafficking of
865865 persons);
866866 (4) the parent voluntarily left the child alone or in
867867 the possession of another person not the parent of the child for at
868868 least six months without expressing an intent to return and without
869869 providing adequate support for the child;
870870 (5) the parent has been convicted for:
871871 (A) the murder of another child of the parent and
872872 the offense would have been an offense under 18 U.S.C. Section
873873 1111(a) if the offense had occurred in the special maritime or
874874 territorial jurisdiction of the United States;
875875 (B) the voluntary manslaughter of another child
876876 of the parent and the offense would have been an offense under 18
877877 U.S.C. Section 1112(a) if the offense had occurred in the special
878878 maritime or territorial jurisdiction of the United States;
879879 (C) aiding or abetting, attempting, conspiring,
880880 or soliciting an offense under Paragraph (A) or (B); or
881881 (D) the felony assault of the child or another
882882 child of the parent that resulted in serious bodily injury to the
883883 child or another child of the parent; or
884884 (6) the parent is required under any state or federal
885885 law to register with a sex offender registry.
886886 SECTION 21. Section 20A.02(a), Penal Code, is amended to
887887 read as follows:
888888 (a) A person commits an offense if the person knowingly:
889889 (1) traffics another person with the intent that the
890890 trafficked person engage in forced labor or services;
891891 (2) receives a benefit from participating in a venture
892892 that involves an activity described by Subdivision (1), including
893893 by receiving labor or services the person knows are forced labor or
894894 services;
895895 (3) traffics another person and, through force, fraud,
896896 or coercion, causes the trafficked person to engage in conduct
897897 prohibited by:
898898 (A) Section 43.02 (Prostitution);
899899 (B) Section 43.03 (Promotion of Prostitution);
900900 (B-1) Section 43.031 (Online Promotion of
901901 Prostitution);
902902 (C) Section 43.04 (Aggravated Promotion of
903903 Prostitution);
904904 (C-1) Section 43.041 (Aggravated Online
905905 Promotion of Prostitution); or
906906 (D) Section 43.05 (Compelling Prostitution);
907907 (4) receives a benefit from participating in a venture
908908 that involves an activity described by Subdivision (3) or engages
909909 in sexual conduct with a person trafficked in the manner described
910910 in Subdivision (3);
911911 (5) traffics a child or disabled individual with the
912912 intent that the trafficked child or disabled individual engage in
913913 forced labor or services;
914914 (6) receives a benefit from participating in a venture
915915 that involves an activity described by Subdivision (5), including
916916 by receiving labor or services the person knows are forced labor or
917917 services;
918918 (7) traffics a child or disabled individual and by any
919919 means causes the trafficked child or disabled individual to engage
920920 in, or become the victim of, conduct prohibited by:
921921 (A) Section 21.02 (Continuous Sexual Abuse of
922922 Young Child or Disabled Individual);
923923 (B) Section 21.11 (Indecency with a Child);
924924 (C) Section 22.011 (Sexual Assault);
925925 (D) Section 22.021 (Aggravated Sexual Assault);
926926 (E) Section 43.02 (Prostitution);
927927 (E-1) Section 43.021 (Solicitation of
928928 Prostitution);
929929 (F) Section 43.03 (Promotion of Prostitution);
930930 (F-1) Section 43.031 (Online Promotion of
931931 Prostitution);
932932 (G) Section 43.04 (Aggravated Promotion of
933933 Prostitution);
934934 (G-1) Section 43.041 (Aggravated Online
935935 Promotion of Prostitution);
936936 (H) Section 43.05 (Compelling Prostitution);
937937 (I) Section 43.25 (Sexual Performance by a
938938 Child);
939939 (J) Section 43.251 (Employment Harmful to
940940 Children); or
941941 (K) Section 43.26 (Possession or Promotion of
942942 Child Sexual Abuse Material [Pornography]); or
943943 (8) receives a benefit from participating in a venture
944944 that involves an activity described by Subdivision (7) or engages
945945 in sexual conduct with a child or disabled individual trafficked in
946946 the manner described in Subdivision (7).
947947 SECTION 22. This Act takes effect September 1, 2025.