89R4486 JDK-D
By: Paul, Rodríguez Ramos, Capriglione H.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
relating to changing the name of the offense of child pornography to
child sexual abuse material and to updating references to conform
to that terminology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 43.26, Penal Code, is
amended to read as follows:
Sec. 43.26. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE
MATERIAL [PORNOGRAPHY].
SECTION 2. The heading to Chapter 110, Business & Commerce
Code, is amended to read as follows:
CHAPTER 110. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD SEXUAL
ABUSE MATERIAL [PORNOGRAPHY]
SECTION 3. Section 110.001(1), Business & Commerce Code, is
amended to read as follows:
(1) "Child sexual abuse material [pornography]" means
an image of a child engaging in sexual conduct or sexual
performance.
SECTION 4. The heading to Section 110.002, Business &
Commerce Code, is amended to read as follows:
Sec. 110.002. REPORTING OF IMAGES OF CHILD SEXUAL ABUSE
MATERIAL [PORNOGRAPHY].
SECTION 5. Sections 110.002(a) and (c), Business & Commerce
Code, are amended to read as follows:
(a) A computer technician who, in the course and scope of
employment or business, views an image on a computer that is or
appears to be child sexual abuse material [pornography] shall
immediately report the discovery of the image to a local or state
law enforcement agency or the Cyber Tipline at the National Center
for Missing and Exploited Children. The report must include the
name and address of the owner or person claiming a right to
possession of the computer, if known, and as permitted by federal
law.
(c) A telecommunications provider, commercial mobile
service provider, or information service provider may not be held
liable under this chapter for the failure to report child sexual
abuse material [pornography] that is transmitted or stored by a
user of the service.
SECTION 6. Section 110.003(b), Business & Commerce Code, is
amended to read as follows:
(b) It is a defense to prosecution under this section that
the actor did not report the discovery of an image of child sexual
abuse material [pornography] because the child in the image
appeared to be at least 18 years of age.
SECTION 7. Section 509.053(a), Business & Commerce Code, as
added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(a) In relation to a known minor's use of a digital service,
a digital service provider shall develop and implement a strategy
to prevent the known minor's exposure to harmful material and other
content that promotes, glorifies, or facilitates:
(1) suicide, self-harm, or eating disorders;
(2) substance abuse;
(3) stalking, bullying, or harassment; or
(4) grooming, trafficking, child sexual abuse
material [pornography], or other sexual exploitation or abuse.
SECTION 8. Section 129B.004, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 129B.004. SEXUAL MATERIALS HEALTH WARNINGS. A
commercial entity required to use reasonable age verification
methods under Section 129B.002(a) shall:
(1) display the following notices on the landing page
of the Internet website on which sexual material harmful to minors
is published or distributed and all advertisements for that
Internet website in 14-point font or larger:
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography
is potentially biologically addictive, is proven to harm human
brain development, desensitizes brain reward circuits, increases
conditioned responses, and weakens brain function."
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to
this content is associated with low self-esteem and body image,
eating disorders, impaired brain development, and other emotional
and mental illnesses."
"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography
increases the demand for prostitution, child exploitation, and
child sexual abuse material [pornography]."; and
(2) display the following notice at the bottom of
every page of the Internet website in 14-point font or larger:
"U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
HELPLINE:
1-800-662-HELP (4357) THIS HELPLINE IS A FREE, CONFIDENTIAL
INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY,
FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR
SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL
TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED
ORGANIZATIONS."
SECTION 9. Article 12.01, Code of Criminal Procedure, as
amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
2023, is reenacted and amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Articles
12.015 and 12.03, felony indictments may be presented within these
limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of a
collision under Section 550.021, Transportation Code, if the
collision resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code;
(I) compelling prostitution under Section
43.05(a)(2) or (3), Penal Code; [or]
(J) tampering with physical evidence under
Section 37.09(a)(1) or (d)(1), Penal Code, if:
(i) the evidence tampered with is a human
corpse, as defined by that section; or
(ii) the investigation of the offense shows
that a reasonable person in the position of the defendant at the
time of the commission of the offense would have cause to believe
that the evidence tampered with is related to a criminal homicide
under Chapter 19, Penal Code;
(K) [(J)] interference with child custody under
Section 25.03(a)(3), Penal Code; or
(L) [(J)] burglary under Section 30.02, Penal
Code, if:
(i) the offense is punishable under
Subsection (d) of that section because the defendant entered a
habitation with the intent to commit an offense under Section
22.011 or 22.021, Penal Code; and
(ii) during the investigation of the
offense biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (9) [(8)];
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code;
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (7); or
(K) possession or promotion of child sexual abuse
material [pornography] under Section 43.26, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping;
(C) [(B-1)] except as provided by Subdivision
(1) or (5), burglary;
(D) [(C)] injury to an elderly or disabled
individual that is not punishable as a felony of the first degree
under Section 22.04, Penal Code;
(E) [(D)] abandoning or endangering an [a
child,] elderly [individual,] or disabled individual;
(F) [(E)] insurance fraud;
(G) [(F)] assault under Section 22.01, Penal
Code, if the assault was committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code;
(H) [(G)] continuous violence against the family
under Section 25.11, Penal Code; or
(I) [(H)] aggravated assault under Section
22.02, Penal Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code; or
(B) subject to Subdivision (1)(L) [(1)(J)],
burglary under Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section because the
defendant entered a habitation with the intent to commit an offense
described by Subdivision (1)(B) or (D) of this article or Paragraph
(A) of this subdivision;
(6) 20 years from the 18th birthday of the victim of
one of the following offenses:
(A) trafficking of a child [persons] under
Section 20A.02(a)(5) or (6), Penal Code; or
(B) sexual performance by a child under Section
43.25, Penal Code;
(7) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code;
(B) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(C) [(D)] abandoning or endangering a child;
(8) [(7)] ten years from the date the offense was
discovered: trafficking of a disabled individual under Section
20A.02(a)(5) or (6), Penal Code;
(9) [(8)] two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(10) [(9)] three years from the date of the commission
of the offense: all other felonies.
SECTION 10. Articles 18.18(a), (b), (e), (f), (g), and (h),
Code of Criminal Procedure, are amended to read as follows:
(a) Following the final conviction of a person for
possession of a gambling device or equipment, altered gambling
equipment, or gambling paraphernalia, for an offense involving a
criminal instrument, for an offense involving an obscene device or
material, for an offense involving child sexual abuse material
[pornography], or for an offense involving a scanning device or
re-encoder, the court entering the judgment of conviction shall
order that the machine, device, gambling equipment or gambling
paraphernalia, instrument, obscene device or material, child
sexual abuse material [pornography], or scanning device or
re-encoder be destroyed or forfeited to the state. Not later than
the 30th day after the final conviction of a person for an offense
involving a prohibited weapon, the court entering the judgment of
conviction on its own motion, on the motion of the prosecuting
attorney in the case, or on the motion of the law enforcement agency
initiating the complaint on notice to the prosecuting attorney in
the case if the prosecutor fails to move for the order shall order
that the prohibited weapon be destroyed or forfeited to the law
enforcement agency that initiated the complaint. If the court fails
to enter the order within the time required by this subsection, any
magistrate in the county in which the offense occurred may enter the
order. Following the final conviction of a person for an offense
involving dog fighting, the court entering the judgment of
conviction shall order that any dog-fighting equipment be destroyed
or forfeited to the state. Destruction of dogs, if necessary, must
be carried out by a veterinarian licensed in this state or, if one
is not available, by trained personnel of a humane society or an
animal shelter. If forfeited, the court shall order the contraband
delivered to the state, any political subdivision of the state, or
to any state institution or agency. If gambling proceeds were
seized, the court shall order them forfeited to the state and shall
transmit them to the grand jury of the county in which they were
seized for use in investigating alleged violations of the Penal
Code, or to the state, any political subdivision of the state, or to
any state institution or agency.
(b) If there is no prosecution or conviction following
seizure, the magistrate to whom the return was made shall notify in
writing the person found in possession of the alleged gambling
device or equipment, altered gambling equipment or gambling
paraphernalia, gambling proceeds, prohibited weapon, obscene
device or material, child sexual abuse material [pornography],
scanning device or re-encoder, criminal instrument, or
dog-fighting equipment to show cause why the property seized should
not be destroyed or the proceeds forfeited. The magistrate, on the
motion of the law enforcement agency seizing a prohibited weapon,
shall order the weapon destroyed or forfeited to the law
enforcement agency seizing the weapon, unless a person shows cause
as to why the prohibited weapon should not be destroyed or
forfeited. A law enforcement agency shall make a motion under this
subsection [section] in a timely manner after the time at which the
agency is informed in writing by the attorney representing the
state that no prosecution will arise from the seizure.
(e) Any person interested in the alleged gambling device or
equipment, altered gambling equipment or gambling paraphernalia,
gambling proceeds, prohibited weapon, obscene device or material,
child sexual abuse material [pornography], scanning device or
re-encoder, criminal instrument, or dog-fighting equipment seized
must appear before the magistrate on the 20th day following the date
the notice was mailed or posted. Failure to timely appear forfeits
any interest the person may have in the property or proceeds seized,
and no person after failing to timely appear may contest
destruction or forfeiture.
(f) If a person timely appears to show cause why the
property or proceeds should not be destroyed or forfeited, the
magistrate shall conduct a hearing on the issue and determine the
nature of property or proceeds and the person's interest therein.
Unless the person proves by a preponderance of the evidence that the
property or proceeds is not gambling equipment, altered gambling
equipment, gambling paraphernalia, gambling device, gambling
proceeds, prohibited weapon, obscene device or material, child
sexual abuse material [pornography], criminal instrument, scanning
device or re-encoder, or dog-fighting equipment and that the person
[he] is entitled to possession, the magistrate shall dispose of the
property or proceeds in accordance with Subsection [Paragraph] (a)
[of this article].
(g) For purposes of this article:
(1) "criminal instrument" has the meaning defined in
the Penal Code;
(2) "gambling device or equipment, altered gambling
equipment or gambling paraphernalia" has the meaning defined in the
Penal Code;
(3) "prohibited weapon" has the meaning defined in the
Penal Code;
(4) "dog-fighting equipment" means:
(A) equipment used for training or handling a
fighting dog, including a harness, treadmill, cage, decoy, pen,
house for keeping a fighting dog, feeding apparatus, or training
pen;
(B) equipment used for transporting a fighting
dog, including any automobile[,] or other vehicle, and its
appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to promote or advertise an
exhibition of dog fighting, including a printing press or similar
equipment, paper, ink, or photography equipment; or
(D) a dog trained, being trained, or intended to
be used to fight with another dog;
(5) "obscene device" and "obscene" have the meanings
assigned by Section 43.21, Penal Code;
(6) "re-encoder" has the meaning assigned by Section
522.001, Business & Commerce Code;
(7) "scanning device" has the meaning assigned by
Section 522.001, Business & Commerce Code; and
(8) "obscene material" and "child sexual abuse
material [pornography]" include digital images and the media and
equipment on which those images are stored.
(h) No provider of an electronic communication service or of
a remote computing service to the public shall be held liable for an
offense involving obscene material or child sexual abuse material
[pornography] under this article [section] on account of any action
taken in good faith in providing that service.
SECTION 11. Section 2(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a) Subsection (b) applies only to the trial of a defendant
for:
(1) an offense under any of the following provisions
of the Penal Code:
(A) Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b)(1) (Labor or Sex
Trafficking of a Child or Disabled Individual);
(B) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(C) Section 21.11 (Indecency With a Child);
(D) Section 22.011(a)(2) (Sexual Assault of a
Child);
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
Sexual Assault of a Child);
(F) Section 33.021 (Online Solicitation of a
Minor);
(G) Section 43.25 (Sexual Performance by a
Child); or
(H) Section 43.26 (Possession or Promotion of
Child Sexual Abuse Material [Pornography]), Penal Code; or
(2) an attempt or conspiracy to commit an offense
described by Subdivision (1).
SECTION 12. Article 38.45(a), Code of Criminal Procedure,
is amended to read as follows:
(a) During the course of a criminal hearing or proceeding,
the court may not make available or allow to be made available for
copying or dissemination to the public property or material:
(1) that constitutes child sexual abuse material
[pornography], as described by Section 43.26(a)(1), Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article
38.071, of this code.
SECTION 13. Article 39.15(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In the manner provided by this article, a court shall
allow discovery under Article 39.14 of property or material:
(1) that constitutes child sexual abuse material
[pornography], as described by Section 43.26(a)(1), Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article
38.071, of this code.
SECTION 14. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by
a Child);
(16) Section 43.26, Penal Code (Possession or
Promotion of Child Sexual Abuse Material [Pornography]);
(17) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; or
(18) Section 481.1123, Health and Safety Code
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
offense is punishable under Subsection (d), (e), or (f) of that
section.
SECTION 15. Article 42A.251(2), Code of Criminal Procedure,
is amended to read as follows:
(2) "Sex offender" means a person who has been
convicted of, or has entered a plea of guilty or nolo contendere
for, an offense under any one of the following provisions of the
Penal Code:
(A) Section 20.04(a)(4) (Aggravated Kidnapping),
if the person committed the offense with the intent to violate or
abuse the victim sexually;
(B) Section 21.08 (Indecent Exposure);
(C) Section 21.11 (Indecency with a Child);
(D) Section 22.011 (Sexual Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
(F) Section 25.02 (Prohibited Sexual Conduct);
(G) Section 30.02 (Burglary), if:
(i) the offense is punishable under
Subsection (d) of that section; and
(ii) the person committed the offense with
the intent to commit a felony listed in this subdivision;
(H) Section 43.25 (Sexual Performance by a
Child); or
(I) Section 43.26 (Possession or Promotion of
Child Sexual Abuse Material [Pornography]).
SECTION 16. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.09
(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
sexual conduct), Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child sexual abuse material [pornography]), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 17. Section 201.062(a), Estates Code, is amended to
read as follows:
(a) A probate court may enter an order declaring that the
parent of a child under 18 years of age may not inherit from or
through the child under the laws of descent and distribution if the
court finds by clear and convincing evidence that the parent has:
(1) voluntarily abandoned and failed to support the
child in accordance with the parent's obligation or ability for at
least three years before the date of the child's death, and did not
resume support for the child before that date;
(2) voluntarily and with knowledge of the pregnancy:
(A) abandoned the child's mother beginning at a
time during her pregnancy with the child and continuing through the
birth;
(B) failed to provide adequate support or medical
care for the mother during the period of abandonment before the
child's birth; and
(C) remained apart from and failed to support the
child since birth; or
(3) been convicted or has been placed on community
supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code or adjudicated under Title 3, Family Code, for conduct that
caused the death or serious injury of a child and that would
constitute a violation of one of the following sections of the Penal
Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.01 (assault);
(F) Section 22.011 (sexual assault);
(G) Section 22.02 (aggravated assault);
(H) Section 22.021 (aggravated sexual assault);
(I) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(J) Section 22.041 (abandoning or endangering a
child, elderly individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 43.25 (sexual performance by a
child); or
(M) Section 43.26 (possession or promotion of
child sexual abuse material [pornography]).
SECTION 18. Section 161.001(b), Family Code, is amended to
read as follows:
(b) The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code, or under a law of another jurisdiction that contains elements
that are substantially similar to the elements of an offense under
one of the following Penal Code sections, or adjudicated under
Title 3 for conduct that caused the death or serious injury of a
child and that would constitute a violation of one of the following
Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering a child, elderly individual, or disabled individual);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child);
(xiii) Section 43.26 (possession or
promotion of child sexual abuse material [pornography]);
(xiv) Section 21.02 (continuous sexual
abuse of young child or disabled individual);
(xv) Section 20A.02(a)(7) or (8)
(trafficking of persons); and
(xvi) Section 43.05(a)(2) (compelling
prostitution);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services for not less than six
months, and:
(i) the department has made reasonable
efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription;
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child;
(T) been convicted of:
(i) the murder of the other parent of the
child under Section 19.02 or 19.03, Penal Code, or under a law of
another state, federal law, the law of a foreign country, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
19.02 or 19.03, Penal Code;
(ii) criminal attempt under Section 15.01,
Penal Code, or under a law of another state, federal law, the law of
a foreign country, or the Uniform Code of Military Justice that
contains elements that are substantially similar to the elements of
an offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i);
(iii) criminal solicitation under Section
15.03, Penal Code, or under a law of another state, federal law, the
law of a foreign country, or the Uniform Code of Military Justice
that contains elements that are substantially similar to the
elements of an offense under Section 15.03, Penal Code, of the
offense described by Subparagraph (i); or
(iv) the sexual assault of the other parent
of the child under Section 22.011 or 22.021, Penal Code, or under a
law of another state, federal law, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 22.011 or 22.021, Penal
Code;
(U) been placed on community supervision,
including deferred adjudication community supervision, or another
functionally equivalent form of community supervision or
probation, for being criminally responsible for the sexual assault
of the other parent of the child under Section 22.011 or 22.021,
Penal Code, or under a law of another state, federal law, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
22.011 or 22.021, Penal Code; or
(V) been convicted of:
(i) criminal solicitation of a minor under
Section 15.031, Penal Code, or under a law of another state, federal
law, the law of a foreign country, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 15.031, Penal Code; or
(ii) online solicitation of a minor under
Section 33.021, Penal Code, or under a law of another state, federal
law, the law of a foreign country, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 33.021, Penal Code; and
(2) that termination is in the best interest of the
child.
SECTION 19. Section 261.001(1), Family Code, is amended to
read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or disabled
individual under Section 21.02, Penal Code, indecency with a child
under Section 21.11, Penal Code, sexual assault under Section
22.011, Penal Code, or aggravated sexual assault under Section
22.021, Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
Section 43.021, Penal Code, or compelling prostitution under
Section 43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child:
(i) is obscene as defined by Section 43.21,
Penal Code;[,] or
(ii) constitutes child sexual abuse
material [pornographic];
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code;
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) forcing or coercing a child to enter into a
marriage.
SECTION 20. Section 262.2015(b), Family Code, is amended to
read as follows:
(b) The court may find under Subsection (a) that a parent
has subjected the child to aggravated circumstances if:
(1) the parent abandoned the child without
identification or a means for identifying the child;
(2) the child or another child of the parent is a
victim of serious bodily injury or sexual abuse inflicted by the
parent or by another person with the parent's consent;
(3) the parent has engaged in conduct against the
child or another child of the parent that would constitute an
offense under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.011 (sexual assault);
(F) Section 22.02 (aggravated assault);
(G) Section 22.021 (aggravated sexual assault);
(H) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(I) Section 22.041 (abandoning or endangering a
child, elderly individual, or disabled individual);
(J) Section 25.02 (prohibited sexual conduct);
(K) Section 43.25 (sexual performance by a
child);
(L) Section 43.26 (possession or promotion of
child sexual abuse material [pornography]);
(M) Section 21.02 (continuous sexual abuse of
young child or disabled individual);
(N) Section 43.05(a)(2) (compelling
prostitution); or
(O) Section 20A.02(a)(7) or (8) (trafficking of
persons);
(4) the parent voluntarily left the child alone or in
the possession of another person not the parent of the child for at
least six months without expressing an intent to return and without
providing adequate support for the child;
(5) the parent has been convicted for:
(A) the murder of another child of the parent and
the offense would have been an offense under 18 U.S.C. Section
1111(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(B) the voluntary manslaughter of another child
of the parent and the offense would have been an offense under 18
U.S.C. Section 1112(a) if the offense had occurred in the special
maritime or territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Paragraph (A) or (B); or
(D) the felony assault of the child or another
child of the parent that resulted in serious bodily injury to the
child or another child of the parent; or
(6) the parent is required under any state or federal
law to register with a sex offender registry.
SECTION 21. Section 20A.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture
that involves an activity described by Subdivision (1), including
by receiving labor or services the person knows are forced labor or
services;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child or disabled individual with the
intent that the trafficked child or disabled individual engage in
forced labor or services;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child or disabled individual and by any
means causes the trafficked child or disabled individual to engage
in, or become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of
Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Sexual Abuse Material [Pornography]); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child or disabled individual trafficked in
the manner described in Subdivision (7).
SECTION 22. This Act takes effect September 1, 2025.