Texas 2025 - 89th Regular

Texas House Bill HB47 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5743 AJZ-F
2	2	By: Howard H.B. No. 47
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to sexual assault and other sex offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 29.14(a), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(a) In this article, "victim" means a [the] victim of [an
14	14	assault or] sexual assault or a victim of assault who is younger
15	15	than 17 years of age or whose case involves family violence as
16	16	defined by Section 71.004, Family Code.
17	17	SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
18	18	is amended to read as follows:
19	19	(a) A victim, guardian of a victim, or close relative of a
20	20	deceased victim is entitled to the following rights within the
21	21	criminal justice system:
22	22	(1) the right to receive from a law enforcement agency
23	23	adequate protection from harm and threats of harm arising from
24	24	cooperation with prosecution efforts;
25	25	(2) the right to have the magistrate consider the
26	26	safety of the victim or the victim's family in setting the amount of
27	27	bail for the defendant;
28	28	(3) if requested, the right to be informed in the
29	29	manner provided by Article 56A.0525:
30	30	(A) by the attorney representing the state of
31	31	relevant court proceedings, including appellate proceedings, and
32	32	to be informed if those proceedings have been canceled or
33	33	rescheduled before the event; and
34	34	(B) by an appellate court of the court's
35	35	decisions, after the decisions are entered but before the decisions
36	36	are made public;
37	37	(4) when requested, the right to be informed in the
38	38	manner provided by Article 56A.0525:
39	39	(A) by a peace officer concerning the defendant's
40	40	right to bail and the procedures in criminal investigations; and
41	41	(B) by the office of the attorney representing
42	42	the state concerning the general procedures in the criminal justice
43	43	system, including general procedures in guilty plea negotiations
44	44	and arrangements, restitution, and the appeals and parole process;
45	45	(5) the right to provide pertinent information to a
46	46	community supervision and corrections department conducting a
47	47	presentencing investigation concerning the impact of the offense on
48	48	the victim and the victim's family by testimony, written statement,
49	49	or any other manner before any sentencing of the defendant;
50	50	(6) the right to receive information, in the manner
51	51	provided by Article 56A.0525:
52	52	(A) regarding compensation to victims of crime as
53	53	provided by Chapter 56B, including information related to the costs
54	54	that may be compensated under that chapter and the amount of
55	55	compensation, eligibility for compensation, and procedures for
56	56	application for compensation under that chapter;
57	57	(B) for a victim of a sexual assault, regarding
58	58	the payment under Subchapter G for a forensic medical examination
59	59	and for any prescribed continuing medical care that is related to
60	60	the sexual assault and provided to the victim during the 30-day
61	61	period following that examination, as provided by Subchapter G; and
62	62	(C) when requested, providing a referral to
63	63	available social service agencies that may offer additional
64	64	assistance;
65	65	(7) the right to:
66	66	(A) be informed, on request, and in the manner
67	67	provided by Article 56A.0525, of parole procedures;
68	68	(B) participate in the parole process;
69	69	(C) provide to the board for inclusion in the
70	70	defendant's file information to be considered by the board before
71	71	the parole of any defendant convicted of any offense subject to this
72	72	chapter; and
73	73	(D) be notified in the manner provided by Article
74	74	56A.0525, if requested, of parole proceedings concerning a
75	75	defendant in the victim's case and of the defendant's release;
76	76	(8) the right to be provided with a waiting area,
77	77	separate or secure from other witnesses, including the defendant
78	78	and relatives of the defendant, before testifying in any proceeding
79	79	concerning the defendant; if a separate waiting area is not
80	80	available, other safeguards should be taken to minimize the
81	81	victim's contact with the defendant and the defendant's relatives
82	82	and witnesses, before and during court proceedings;
83	83	(9) the right to the prompt return of any of the
84	84	victim's property that is held by a law enforcement agency or the
85	85	attorney representing the state as evidence when the property is no
86	86	longer required for that purpose;
87	87	(10) the right to have the attorney representing the
88	88	state notify the victim's employer, if requested, that the victim's
89	89	cooperation and testimony is necessary in a proceeding that may
90	90	require the victim to be absent from work for good cause;
91	91	(11) the right to request victim-offender mediation
92	92	coordinated by the victim services division of the department;
93	93	(12) the right to be informed, in the manner provided
94	94	by Article 56A.0525, of the uses of a victim impact statement and
95	95	the statement's purpose in the criminal justice system as described
96	96	by Subchapter D, to complete the victim impact statement, and to
97	97	have the victim impact statement considered:
98	98	(A) by the attorney representing the state and
99	99	the judge before sentencing or before a plea bargain agreement is
100	100	accepted; and
101	101	(B) by the board before a defendant is released
102	102	on parole;
103	103	(13) for a victim of sexual [an] assault or a victim of
104	104	[or sexual] assault who is younger than 17 years of age or whose
105	105	case involves family violence, as defined by Section 71.004, Family
106	106	Code, the right to have the court consider the impact on the victim
107	107	of a continuance requested by the defendant; if requested by the
108	108	attorney representing the state or by the defendant's attorney, the
109	109	court shall state on the record the reason for granting or denying
110	110	the continuance; and
111	111	(14) if the offense is a capital felony, the right to:
112	112	(A) receive by mail from the court a written
113	113	explanation of defense-initiated victim outreach if the court has
114	114	authorized expenditures for a defense-initiated victim outreach
115	115	specialist;
116	116	(B) not be contacted by the victim outreach
117	117	specialist unless the victim, guardian, or relative has consented
118	118	to the contact by providing a written notice to the court; and
119	119	(C) designate a victim service provider to
120	120	receive all communications from a victim outreach specialist acting
121	121	on behalf of any person.
122	122	SECTION 3. Article 56A.052(a), Code of Criminal Procedure,
123	123	is amended to read as follows:
124	124	(a) A victim, guardian of a victim, or close relative of a
125	125	deceased victim of an offense under Section 21.02, 21.11, 22.011,
126	126	22.012, 22.021, or 42.072, Penal Code, is entitled to the following
127	127	rights within the criminal justice system:
128	128	(1) if requested, the right to a disclosure of
129	129	information, in the manner provided by Article 56A.0525, regarding:
130	130	(A) any evidence that was collected during the
131	131	investigation of the offense, unless disclosing the information
132	132	would interfere with the investigation or prosecution of the
133	133	offense, in which event the victim, guardian, or relative shall be
134	134	informed of the estimated date on which that information is
135	135	expected to be disclosed; and
136	136	(B) the status of any analysis being performed on
137	137	any evidence described by Paragraph (A);
138	138	(2) if requested, the right to be notified in the
139	139	manner provided by Article 56A.0525:
140	140	(A) at the time a request is submitted to a crime
141	141	laboratory to process and analyze any evidence that was collected
142	142	during the investigation of the offense;
143	143	(B) at the time of the submission of a request to
144	144	compare any biological evidence collected during the investigation
145	145	of the offense with DNA profiles maintained in a state or federal
146	146	DNA database; and
147	147	(C) of the results of the comparison described by
148	148	Paragraph (B), unless disclosing the results would interfere with
149	149	the investigation or prosecution of the offense, in which event the
150	150	victim, guardian, or relative shall be informed of the estimated
151	151	date on which those results are expected to be disclosed;
152	152	(3) if requested, the right to counseling regarding
153	153	acquired immune deficiency syndrome (AIDS) and human
154	154	immunodeficiency virus (HIV) infection;
155	155	(4) if requested, the right to be informed about, and
156	156	confer with the attorney representing the state regarding, the
157	157	disposition of the offense, including sharing the victim's,
158	158	guardian's, or relative's views regarding:
159	159	(A) a decision not to file charges;
160	160	(B) the dismissal of charges;
161	161	(C) the use of a pretrial intervention program;
162	162	or
163	163	(D) a plea bargain agreement; and
164	164	(5) for the victim, the right to:
165	165	(A) testing for acquired immune deficiency
166	166	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
167	167	antibodies to HIV, or infection with any other probable causative
168	168	agent of AIDS; [and]
169	169	(B) a forensic medical examination as provided by
170	170	Subchapter G; and
171	171	(C) any prescribed continuing medical care that
172	172	is related to the sexual assault and provided to the victim during
173	173	the 30-day period following a forensic medical examination, as
174	174	provided by Subchapter G.
175	175	SECTION 4. Article 56A.304(a), Code of Criminal Procedure,
176	176	is amended to read as follows:
177	177	(a) On application to the attorney general and subject to
178	178	Article 56A.305(e), a health care provider that provides a forensic
179	179	medical examination to a sexual assault survivor in accordance with
180	180	this subchapter, or the sexual assault examiner or sexual assault
181	181	nurse examiner who conducts that examination in accordance with
182	182	this subchapter, as applicable, is entitled to be reimbursed in an
183	183	amount set by attorney general rule for:
184	184	(1) the reasonable costs of the forensic portion of
185	185	that examination;
186	186	(2) the evidence collection kit; and
187	187	(3) the reasonable costs of other medical care
188	188	provided to the victim during the forensic medical examination in
189	189	accordance with Subchapters A and B, Chapter 323, Health and Safety
190	190	Code, and of any prescribed continuing medical care that is related
191	191	to the sexual assault and provided to the victim during the 30-day
192	192	period following that examination, including medication and
193	193	medical testing.
194	194	SECTION 5. Article 56A.401, Code of Criminal Procedure, is
195	195	amended to read as follows:
196	196	Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
197	197	contact or at the earliest possible time after the initial contact
198	198	between a victim of a reported offense and the law enforcement
199	199	agency having the responsibility for investigating the offense, the
200	200	agency shall provide the victim a written notice containing:
201	201	(1) information about the availability of emergency
202	202	and medical services, if applicable;
203	203	(2) information about the rights of crime victims
204	204	under Subchapter B;
205	205	(3) notice that the victim has the right to receive
206	206	information:
207	207	(A) regarding compensation to victims of crime as
208	208	provided by Chapter 56B, including information relating to the
209	209	costs that may be compensated under that chapter and the amount of
210	210	compensation, eligibility for compensation, and procedures for
211	211	application for compensation under that chapter;
212	212	(B) for a victim of a sexual assault, regarding
213	213	the payment under Subchapter G for a forensic medical examination
214	214	and for any prescribed continuing medical care that is related to
215	215	the sexual assault and provided to the victim during the 30-day
216	216	period following that examination, as provided by Subchapter G; and
217	217	(C) providing a referral to available social
218	218	service agencies that may offer additional assistance;
219	219	(4) the name, address, and phone number of the law
220	220	enforcement agency's crime victim liaison;
221	221	(5) the name, address, and phone number of the victim
222	222	assistance coordinator of the office of the attorney representing
223	223	the state; and
224	224	(6) the following statement:
225	225	"You may call the law enforcement agency's telephone number
226	226	for the status of the case and information about victims' rights."
227	227	SECTION 6. Article 56A.451(a), Code of Criminal Procedure,
228	228	is amended to read as follows:
229	229	(a) Not later than the 10th day after the date that an
230	230	indictment or information is returned against a defendant for an
231	231	offense, the attorney representing the state shall give to each
232	232	victim of the offense a written notice containing:
233	233	(1) the case number and assigned court for the case;
234	234	(2) a brief general statement of each procedural stage
235	235	in the processing of a criminal case, including bail, plea
236	236	bargaining, parole restitution, and appeal;
237	237	(3) suggested steps the victim may take if the victim
238	238	is subjected to threats or intimidation;
239	239	(4) the name, address, and phone number of the local
240	240	victim assistance coordinator; and
241	241	(5) notification of:
242	242	(A) the rights and procedures under this chapter,
243	243	Chapter 56B, and Subchapter B, Chapter 58;
244	244	(B) the right to file a victim impact statement
245	245	with the office of the attorney representing the state and the
246	246	department;
247	247	(C) the right to receive information:
248	248	(i) regarding compensation to victims of
249	249	crime as provided by Chapter 56B, including information relating to
250	250	the costs that may be compensated under that chapter, eligibility
251	251	for compensation, and procedures for application for compensation
252	252	under that chapter;
253	253	(ii) for a victim of a sexual assault,
254	254	regarding the payment under Subchapter G for a forensic medical
255	255	examination and for any prescribed continuing medical care that is
256	256	related to the sexual assault and provided to the victim during the
257	257	30-day period following that examination, as provided by Subchapter
258	258	G; and
259	259	(iii) providing a referral to available
260	260	social service agencies that may offer additional assistance; and
261	261	(D) the right of a victim, guardian of a victim,
262	262	or close relative of a deceased victim, as defined by Section
263	263	508.117, Government Code, to appear in person before a member of the
264	264	board as provided by Section 508.153, Government Code.
265	265	SECTION 7. Article 62.063, Code of Criminal Procedure, is
266	266	amended to read as follows:
267	267	Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article:
268	268	(1) "Amusement ride" has the meaning assigned by
269	269	Section 2151.002, Occupations Code.
270	270	(2) "Bus" has the meaning assigned by Section 541.201,
271	271	Transportation Code.
272	272	(3) "Digitally prearranged ride" has the meaning
273	273	assigned by Section 2402.001, Occupations Code.
274	274	(b) A person subject to registration under this chapter
275	275	because of a reportable conviction or adjudication for which an
276	276	affirmative finding is entered under Article 42.015(b) or
277	277	42A.105(a), as appropriate, may not, for compensation:
278	278	(1) operate or offer to operate a bus;
279	279	(2) provide or offer to provide a passenger taxicab or
280	280	limousine transportation service, or a digitally prearranged ride;
281	281	(3) provide or offer to provide any type of service in
282	282	the residence of another person unless the provision of service
283	283	will be supervised; or
284	284	(4) operate or offer to operate any amusement ride.
285	285	SECTION 8. Section 57.002(a), Family Code, is amended to
286	286	read as follows:
287	287	(a) A victim, guardian of a victim, or close relative of a
288	288	deceased victim is entitled to the following rights within the
289	289	juvenile justice system:
290	290	(1) the right to receive from law enforcement agencies
291	291	adequate protection from harm and threats of harm arising from
292	292	cooperation with prosecution efforts;
293	293	(2) the right to have the court or person appointed by
294	294	the court take the safety of the victim or the victim's family into
295	295	consideration as an element in determining whether the child should
296	296	be detained before the child's conduct is adjudicated;
297	297	(3) the right, if requested, to be informed of
298	298	relevant court proceedings, including appellate proceedings, and
299	299	to be informed in a timely manner if those court proceedings have
300	300	been canceled or rescheduled;
301	301	(4) the right to be informed, when requested, by the
302	302	court or a person appointed by the court concerning the procedures
303	303	in the juvenile justice system, including general procedures
304	304	relating to:
305	305	(A) the preliminary investigation and deferred
306	306	prosecution of a case; and
307	307	(B) the appeal of the case;
308	308	(5) the right to provide pertinent information to a
309	309	juvenile court conducting a disposition hearing concerning the
310	310	impact of the offense on the victim and the victim's family by
311	311	testimony, written statement, or any other manner before the court
312	312	renders its disposition;
313	313	(6) the right to receive information:
314	314	(A) regarding compensation to victims as
315	315	provided by Chapter 56B, Code of Criminal Procedure, including
316	316	information relating to the costs that may be compensated under
317	317	that chapter and the amount of compensation, eligibility for
318	318	compensation, and procedures for application for compensation
319	319	under that chapter;
320	320	(B) for a victim of a sexual assault, regarding
321	321	the payment under Subchapter G, Chapter 56A, Code of Criminal
322	322	Procedure, for a forensic medical examination and for any
323	323	prescribed continuing medical care that is related to the sexual
324	324	assault and provided to the victim during the 30-day period
325	325	following that examination; and
326	326	(C) when requested, providing a referral to
327	327	available social service agencies that may offer additional
328	328	assistance;
329	329	(7) the right to be informed, upon request, of
330	330	procedures for release under supervision or transfer of the person
331	331	to the custody of the Texas Department of Criminal Justice for
332	332	parole, to participate in the release or transfer for parole
333	333	process, to be notified, if requested, of the person's release,
334	334	escape, or transfer for parole proceedings concerning the person,
335	335	to provide to the Texas Juvenile Justice Department for inclusion
336	336	in the person's file information to be considered by the department
337	337	before the release under supervision or transfer for parole of the
338	338	person, and to be notified, if requested, of the person's release or
339	339	transfer for parole;
340	340	(8) the right to be provided with a waiting area,
341	341	separate or secure from other witnesses, including the child
342	342	alleged to have committed the conduct and relatives of the child,
343	343	before testifying in any proceeding concerning the child, or, if a
344	344	separate waiting area is not available, other safeguards should be
345	345	taken to minimize the victim's contact with the child and the
346	346	child's relatives and witnesses, before and during court
347	347	proceedings;
348	348	(9) the right to prompt return of any property of the
349	349	victim that is held by a law enforcement agency or the attorney for
350	350	the state as evidence when the property is no longer required for
351	351	that purpose;
352	352	(10) the right to have the attorney for the state
353	353	notify the employer of the victim, if requested, of the necessity of
354	354	the victim's cooperation and testimony in a proceeding that may
355	355	necessitate the absence of the victim from work for good cause;
356	356	(11) the right to be present at all public court
357	357	proceedings related to the conduct of the child as provided by
358	358	Section 54.08, subject to that section; and
359	359	(12) any other right appropriate to the victim that a
360	360	victim of criminal conduct has under Subchapter B, Chapter 56A,
361	361	Code of Criminal Procedure.
362	362	SECTION 9. Section 420.011(c), Government Code, is amended
363	363	to read as follows:
364	364	(c) The attorney general shall adopt rules establishing
365	365	minimum standards for the certification of a sexual assault nurse
366	366	examiner and the renewal of that certification by the nurse
367	367	examiner, including standards for examiner training courses and for
368	368	the interstate reciprocity of sexual assault nurse examiners. The
369	369	certification is valid for three [two] years from the date of
370	370	issuance. The attorney general shall also adopt rules establishing
371	371	minimum standards for the suspension, decertification, or
372	372	probation of a sexual assault nurse examiner who violates this
373	373	chapter.
374	374	SECTION 10. Sections 323.0046(a) and (b), Health and Safety
375	375	Code, are amended to read as follows:
376	376	(a) A health care facility that has an emergency department
377	377	shall provide at least one hour of basic sexual assault response
378	378	training to facility employees and contractors who provide patient
379	379	admission functions, patient-related administrative support
380	380	functions, or direct patient care. The training must include
381	381	instruction on:
382	382	(1) the provision of survivor-centered,
383	383	trauma-informed care to sexual assault survivors; and
384	384	(2) the rights of sexual assault survivors under
385	385	Chapter 56A, Code of Criminal Procedure, including:
386	386	(A) the availability of a forensic medical
387	387	examination, including an examination that is available when a
388	388	sexual assault survivor does not report the assault to a law
389	389	enforcement agency; and
390	390	(B) the role of an advocate as defined by Section
391	391	420.003, Government Code, in responding to a sexual assault
392	392	survivor.
393	393	(b) An employee or contractor described by Subsection (a)
394	394	who completes a continuing medical or nursing education course in
395	395	forensic evidence collection described by Section 156.057 or
396	396	301.306, Occupations Code, that is approved or recognized by the
397	397	appropriate licensing board is considered to have completed basic
398	398	sexual assault response training for purposes of this section.
399	399	SECTION 11. Section 323.005(a), Health and Safety Code, is
400	400	amended to read as follows:
401	401	(a) The commission shall develop a standard information
402	402	form for sexual assault survivors that must include:
403	403	(1) a detailed explanation of the forensic medical
404	404	examination required to be provided by law, including a statement
405	405	that photographs may be taken of the genitalia;
406	406	(2) information regarding treatment of sexually
407	407	transmitted infections and pregnancy, including:
408	408	(A) generally accepted medical procedures;
409	409	(B) appropriate medications; and
410	410	(C) any contraindications of the medications
411	411	prescribed for treating sexually transmitted infections and
412	412	preventing pregnancy;
413	413	(3) information regarding drug-facilitated sexual
414	414	assault, including the necessity for an immediate urine test for
415	415	sexual assault survivors who may have been involuntarily drugged;
416	416	(4) information regarding crime victims compensation
417	417	and regarding the payment of costs and the reimbursements available
418	418	for care to be provided as described by Subchapter G, Chapter 56A,
419	419	Code of Criminal Procedure;
420	420	(5) an explanation that consent for the forensic
421	421	medical examination may be withdrawn at any time during the
422	422	examination;
423	423	(6) the name and telephone number of sexual assault
424	424	crisis centers statewide;
425	425	(7) the names and contact information of legal aid
426	426	services providers statewide;
427	427	(8) information regarding postexposure prophylaxis
428	428	for HIV infection;
429	429	(9) [(8)] information regarding the period for which
430	430	biological evidence collected from the forensic medical
431	431	examination will be retained and preserved under Article 38.43,
432	432	Code of Criminal Procedure; and
433	433	(10) [(9)] a statement that the survivor has the right
434	434	to access a shower for free after the forensic medical examination,
435	435	if shower facilities are available at the health care facility.
436	436	SECTION 12. Section 323.0051(a), Health and Safety Code, is
437	437	amended to read as follows:
438	438	(a) The commission shall develop a standard information
439	439	form for sexual assault survivors who arrive at a health care
440	440	facility that is not a SAFE-ready facility. The information form
441	441	must include:
442	442	(1) information regarding the benefits of a forensic
443	443	medical examination conducted by a sexual assault forensic
444	444	examiner;
445	445	(2) the Internet website address to the commission's
446	446	list of SAFE-ready facilities that includes the facilities'
447	447	physical addresses as required by Section 323.008;
448	448	(3) the following statements:
449	449	(A) "As a survivor of sexual assault, you have
450	450	the right to receive a forensic medical examination for sexual
451	451	assault at this hospital emergency room if you are requesting the
452	452	examination not later than 120 hours after the assault. For parents
453	453	or guardians of a minor child, your child has the right to receive
454	454	the forensic medical examination at any time, regardless of when
455	455	the assault occurred."; and
456	456	(B) "Call 1-800-656-HOPE to be connected to a
457	457	sexual assault crisis center for free and confidential
458	458	assistance."; [and]
459	459	(4) the names and contact information of legal aid
460	460	services providers statewide; and
461	461	(5) information on the procedure for submitting a
462	462	complaint against the health care facility.
463	463	SECTION 13. Section 323.0052(a), Health and Safety Code, is
464	464	amended to read as follows:
465	465	(a) The commission shall develop a standard information
466	466	form that, as described by Subsection (b), is to be provided to
467	467	sexual assault survivors who have not given signed, written consent
468	468	to a health care facility to release the evidence as provided by
469	469	Section 420.0735, Government Code. The form must include the
470	470	following information:
471	471	(1) the Department of Public Safety's policy regarding
472	472	storage of evidence of a sexual assault or other sex offense that is
473	473	collected under Subchapter G, Chapter 56A, Code of Criminal
474	474	Procedure, including:
475	475	(A) a statement that the evidence will be stored
476	476	until the fifth anniversary of the date on which the evidence was
477	477	collected before the evidence becomes eligible for destruction; and
478	478	(B) the department's procedures regarding the
479	479	notification of the survivor through the statewide electronic
480	480	tracking system before a planned destruction of the evidence;
481	481	(2) a statement that the survivor may request the
482	482	release of the evidence to a law enforcement agency and report a
483	483	sexual assault or other sex offense to the agency at any time;
484	484	(3) the name, phone number, and e-mail address of the
485	485	law enforcement agency with jurisdiction over the offense; [and]
486	486	(4) the name and phone number of a local sexual assault
487	487	crisis center; and
488	488	(5) the names and contact information of legal aid
489	489	services providers statewide.
490	490	SECTION 14. Section 323.053, Health and Safety Code, is
491	491	amended to read as follows:
492	492	Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE
493	493	program must:
494	494	(1) operate under the active oversight of a medical
495	495	director who is a physician licensed by and in good standing with
496	496	the Texas Medical Board;
497	497	(2) provide medical treatment under a physician's
498	498	order, standing medical order, standing delegation order, or other
499	499	order or protocol as defined by Texas Medical Board rules;
500	500	(3) employ or contract with a sexual assault examiner
501	501	or a sexual assault nurse examiner;
502	502	(4) provide access to a sexual assault program
503	503	advocate, as required by Subchapter H, Chapter 56A, Code of
504	504	Criminal Procedure;
505	505	(5) ensure a sexual assault survivor has access to a
506	506	private treatment room;
507	507	(6) if indicated by a survivor's history or on a
508	508	survivor's request, provide:
509	509	(A) HIV testing and prophylactic medication to
510	510	the survivor or a referral for the testing and medication; and
511	511	(B) counseling and prophylactic medications for
512	512	exposure to sexually transmitted infections and pregnancy;
513	513	(7) provide to survivors the name and telephone number
514	514	of a nearby sexual assault program that provides to survivors the
515	515	minimum services described by Subchapter A, Chapter 420, Government
516	516	Code;
517	517	(8) provide to survivors the information form required
518	518	by Section 323.005, 323.0051, or 323.0052, as applicable[, and
519	519	orally communicate the information regarding crime victims
520	520	compensation under Section 323.005(a)(4)];
521	521	(9) collaborate with any sexual assault program, as
522	522	defined by Section 420.003, Government Code, that provides services
523	523	to survivors in the county;
524	524	(10) engage in efforts to improve the quality of the
525	525	program;
526	526	(11) maintain capacity for appropriate triage or have
527	527	agreements with other health facilities to assure that a survivor
528	528	receives the appropriate level of care indicated for the survivor's
529	529	medical and mental health needs;
530	530	(12) prioritize the safety and well-being of
531	531	survivors;
532	532	(13) provide a trauma-informed approach in the
533	533	forensic medical care provided to survivors; and
534	534	(14) collaborate with:
535	535	(A) law enforcement agencies and attorneys
536	536	representing the state with jurisdiction in the county;
537	537	(B) any available local sexual assault response
538	538	team; and
539	539	(C) other interested persons in the community.
540	540	SECTION 15. Section 351.257, Local Government Code, is
541	541	amended to read as follows:
542	542	Sec. 351.257. REPORT. (a) Not later than December 1 of
543	543	each odd-numbered year, a response team shall provide to the
544	544	commissioners court of each county the response team serves a
545	545	report that includes:
546	546	(1) a list of response team members able to
547	547	participate in the quarterly meetings required by Section
548	548	351.254(c);
549	549	(2) a copy of the written protocol developed under
550	550	Section 351.256; and
551	551	(3) either:
552	552	(A) a biennial summary detailing:
553	553	(i) the number of sexual assault reports
554	554	received by local law enforcement agencies;
555	555	(ii) the number of investigations conducted
556	556	as a result of those reports;
557	557	(iii) the number of indictments presented
558	558	in connection with a report and the disposition of those cases; and
559	559	(iv) the number of reports of sexual
560	560	assault for which no indictment was presented; or
561	561	(B) an explanation of the reason the response
562	562	team failed to provide the information described by Paragraph (A).
563	563	(b) Not later than February 1 of each even-numbered year,
564	564	the commissioners court of each county that receives a report
565	565	described by Subsection (a) during the preceding year shall submit
566	566	that report to the Sexual Assault Survivors' Task Force established
567	567	under Section 772.0064, Government Code.
568	568	SECTION 16. Subchapter J, Chapter 351, Local Government
569	569	Code, is amended by adding Section 351.2571 to read as follows:
570	570	Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the
571	571	requirements of Section 351.257 may be used to determine
572	572	eligibility for receiving grant funds from the office of the
573	573	governor or another state agency.
574	574	SECTION 17. Section 156.057, Occupations Code, is amended
575	575	to read as follows:
576	576	Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE
577	577	COLLECTION. (a) A physician licensed under this subtitle who
578	578	submits an application for renewal of a license to practice
579	579	medicine and whose practice includes treating patients in an
580	580	emergency room setting shall [may] complete at least two hours of
581	581	continuing medical education relating to:
582	582	(1) the provision of trauma-informed care to sexual
583	583	assault survivors;
584	584	(2) appropriate community referrals and prophylactic
585	585	medications;
586	586	(3) the rights of a sexual assault survivor under
587	587	Chapter 56A, Code of Criminal Procedure, including the opportunity
588	588	to request the presence of an advocate as defined by Section
589	589	420.003, Government Code, and a forensic medical examination;
590	590	(4) forensic evidence collection methods; and
591	591	(5) applicable state law pertaining to the custody,
592	592	transfer, and tracking of forensic evidence.
593	593	(b) The board shall adopt rules to establish the content of
594	594	continuing medical education relating to forensic evidence
595	595	collection. The content of the continuing medical education must
596	596	conform to the evidence collection protocol distributed by the
597	597	attorney general under Section 420.031, Government Code. The board
598	598	may adopt other rules to implement this section.
599	599	(c) The board may permit the continuing medical education
600	600	under this section to be counted toward the hours of continuing
601	601	medical education required by Section 156.051(a)(2).
602	602	SECTION 18. Subchapter D, Chapter 204, Occupations Code, is
603	603	amended by adding Section 204.1563 to read as follows:
604	604	Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE
605	605	COLLECTION. (a) A physician assistant licensed under this chapter
606	606	whose practice includes treating patients in an emergency room
607	607	setting shall complete at least two hours of continuing medical
608	608	education relating to:
609	609	(1) the provision of trauma-informed care to sexual
610	610	assault survivors;
611	611	(2) appropriate community referrals and prophylactic
612	612	medications;
613	613	(3) the rights of a sexual assault survivor under
614	614	Chapter 56A, Code of Criminal Procedure, including the opportunity
615	615	to request the presence of an advocate as defined by Section
616	616	420.003, Government Code, and a forensic medical examination;
617	617	(4) forensic evidence collection methods; and
618	618	(5) applicable state law pertaining to the custody,
619	619	transfer, and tracking of forensic evidence.
620	620	(b) The content of the continuing medical education
621	621	relating to forensic evidence collection must conform to the
622	622	evidence collection protocol distributed by the attorney general
623	623	under Section 420.031, Government Code.
624	624	(c) The board may permit the continuing medical education
625	625	under this section to be counted toward the continuing education
626	626	requirements under Section 204.1562(a)(2).
627	627	SECTION 19. Sections 2402.107(a) and (b), Occupations Code,
628	628	are amended to read as follows:
629	629	(a) Before permitting an individual to log in as a driver on
630	630	the company's digital network, a transportation network company
631	631	must:
632	632	(1) confirm that the individual:
633	633	(A) is at least 18 years of age;
634	634	(B) maintains a valid driver's license issued by
635	635	this state, another state, or the District of Columbia; and
636	636	(C) possesses proof of registration and
637	637	automobile financial responsibility for each motor vehicle to be
638	638	used to provide digitally prearranged rides;
639	639	(2) conduct, or cause to be conducted, a local, state,
640	640	and national criminal background check for the individual that
641	641	includes the use of:
642	642	(A) a commercial multistate and
643	643	multijurisdiction criminal records locator or other similar
644	644	commercial nationwide database; [and]
645	645	(B) the national sex offender public website
646	646	maintained by the United States Department of Justice or a
647	647	successor agency; and
648	648	(C) the state sex offender public website
649	649	maintained by the Department of Public Safety; and
650	650	(3) obtain and review the individual's driving record.
651	651	(b) A transportation network company may not permit an
652	652	individual to log in as a driver on the company's digital network if
653	653	the individual:
654	654	(1) has been convicted in the three-year period
655	655	preceding the issue date of the driving record obtained under
656	656	Subsection (a)(3) of:
657	657	(A) more than three offenses classified by the
658	658	Department of Public Safety as moving violations; or
659	659	(B) one or more of the following offenses:
660	660	(i) fleeing or attempting to elude a police
661	661	officer under Section 545.421, Transportation Code;
662	662	(ii) reckless driving under Section
663	663	545.401, Transportation Code;
664	664	(iii) driving without a valid driver's
665	665	license under Section 521.025, Transportation Code; or
666	666	(iv) driving with an invalid driver's
667	667	license under Section 521.457, Transportation Code;
668	668	(2) has been convicted in the preceding seven-year
669	669	period of any of the following:
670	670	(A) driving while intoxicated under Section
671	671	49.04 or 49.045, Penal Code;
672	672	(B) use of a motor vehicle to commit a felony;
673	673	(C) a felony crime involving property damage;
674	674	(D) fraud;
675	675	(E) theft;
676	676	(F) an act of violence; or
677	677	(G) an act of terrorism; or
678	678	(3) is found to be registered in the national sex
679	679	offender public website maintained by the United States Department
680	680	of Justice or a successor agency or in the state sex offender public
681	681	website maintained by the Department of Public Safety.
682	682	SECTION 20. Section 92.0161(c), Property Code, is amended
683	683	to read as follows:
684	684	(c) If the tenant is a victim or a parent or guardian of a
685	685	victim of sexual assault under Section 22.011, Penal Code,
686	686	aggravated sexual assault under Section 22.021, Penal Code,
687	687	indecency with a child under Section 21.11, Penal Code, sexual
688	688	performance by a child under Section 43.25, Penal Code, continuous
689	689	sexual abuse of young child or disabled individual under Section
690	690	21.02, Penal Code, or an attempt to commit any of the foregoing
691	691	offenses under Section 15.01, Penal Code, that takes place during
692	692	the preceding six-month period [on the premises or at any dwelling
693	693	on the premises], the tenant shall provide to the landlord or the
694	694	landlord's agent a copy of:
695	695	(1) documentation of the assault or abuse, or
696	696	attempted assault or abuse, of the victim from a licensed health
697	697	care services provider who examined the victim;
698	698	(2) documentation of the assault or abuse, or
699	699	attempted assault or abuse, of the victim from a licensed mental
700	700	health services provider who examined or evaluated the victim;
701	701	(3) documentation of the assault or abuse, or
702	702	attempted assault or abuse, of the victim from an individual
703	703	authorized under Chapter 420, Government Code, who provided
704	704	services to the victim; or
705	705	(4) documentation of a protective order issued under
706	706	Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a
707	707	temporary ex parte order.
708	708	SECTION 21. Section 323.005(d), Health and Safety Code, is
709	709	repealed.
710	710	SECTION 22. The changes in law made by this Act to Chapter
711	711	56A, Code of Criminal Procedure, apply only to a sexual assault or
712	712	other sex offense that is first reported or for which medical care
713	713	is first sought on or after the effective date of this Act. A sexual
714	714	assault or other sex offense that is first reported or for which
715	715	medical care was first sought before the effective date of this Act
716	716	is governed by the law in effect on the date the sexual assault was
717	717	reported or the medical care was sought, and the former law is
718	718	continued in effect for that purpose.
719	719	SECTION 23. Section 420.011(c), Government Code, as amended
720	720	by this Act, applies only to an application for renewal of a sexual
721	721	assault nurse examiner certificate filed on or after the effective
722	722	date of this Act. An application for renewal of a certificate filed
723	723	before the effective date of this Act is governed by the law in
724	724	effect on the date the application was filed, and the former law is
725	725	continued in effect for that purpose.
726	726	SECTION 24. Section 156.057, Occupations Code, as amended
727	727	by this Act, and Section 204.1563, Occupations Code, as added by
728	728	this Act, apply to an application for the renewal of a license filed
729	729	on or after September 1, 2026. An application for the renewal of a
730	730	license filed before that date is governed by the law in effect on
731	731	the date the application was filed, and the former law is continued
732	732	in effect for that purpose.
733	733	SECTION 25. Not later than June 1, 2026, the Texas Medical
734	734	Board shall adopt the rules required by Section 156.057,
735	735	Occupations Code, as amended by this Act.
736	736	SECTION 26. Not later than June 1, 2026, the Texas Physician
737	737	Assistant Board shall adopt rules to implement Section 204.1563,
738	738	Occupations Code, as added by this Act.
739	739	SECTION 27. This Act takes effect September 1, 2025.