89R5743 AJZ-F
By: Howard H.B. No. 47
A BILL TO BE ENTITLED
AN ACT
relating to sexual assault and other sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 29.14(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In this article, "victim" means a [the] victim of [an
assault or] sexual assault or a victim of assault who is younger
than 17 years of age or whose case involves family violence as
defined by Section 71.004, Family Code.
SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information, in the manner
provided by Article 56A.0525:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information related to the costs
that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination
and for any prescribed continuing medical care that is related to
the sexual assault and provided to the victim during the 30-day
period following that examination, as provided by Subchapter G; and
(C) when requested, providing a referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, and in the manner
provided by Article 56A.0525, of parole procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified in the manner provided by Article
56A.0525, if requested, of parole proceedings concerning a
defendant in the victim's case and of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed, in the manner provided
by Article 56A.0525, of the uses of a victim impact statement and
the statement's purpose in the criminal justice system as described
by Subchapter D, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of sexual [an] assault or a victim of
[or sexual] assault who is younger than 17 years of age or whose
case involves family violence, as defined by Section 71.004, Family
Code, the right to have the court consider the impact on the victim
of a continuance requested by the defendant; if requested by the
attorney representing the state or by the defendant's attorney, the
court shall state on the record the reason for granting or denying
the continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 3. Article 56A.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim of an offense under Section 21.02, 21.11, 22.011,
22.012, 22.021, or 42.072, Penal Code, is entitled to the following
rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information, in the manner provided by Article 56A.0525, regarding:
(A) any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed; and
(B) the status of any analysis being performed on
any evidence described by Paragraph (A);
(2) if requested, the right to be notified in the
manner provided by Article 56A.0525:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation or prosecution of the offense, in which event the
victim, guardian, or relative shall be informed of the estimated
date on which those results are expected to be disclosed;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection;
(4) if requested, the right to be informed about, and
confer with the attorney representing the state regarding, the
disposition of the offense, including sharing the victim's,
guardian's, or relative's views regarding:
(A) a decision not to file charges;
(B) the dismissal of charges;
(C) the use of a pretrial intervention program;
or
(D) a plea bargain agreement; and
(5) for the victim, the right to:
(A) testing for acquired immune deficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS; [and]
(B) a forensic medical examination as provided by
Subchapter G; and
(C) any prescribed continuing medical care that
is related to the sexual assault and provided to the victim during
the 30-day period following a forensic medical examination, as
provided by Subchapter G.
SECTION 4. Article 56A.304(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On application to the attorney general and subject to
Article 56A.305(e), a health care provider that provides a forensic
medical examination to a sexual assault survivor in accordance with
this subchapter, or the sexual assault examiner or sexual assault
nurse examiner who conducts that examination in accordance with
this subchapter, as applicable, is entitled to be reimbursed in an
amount set by attorney general rule for:
(1) the reasonable costs of the forensic portion of
that examination;
(2) the evidence collection kit; and
(3) the reasonable costs of other medical care
provided to the victim during the forensic medical examination in
accordance with Subchapters A and B, Chapter 323, Health and Safety
Code, and of any prescribed continuing medical care that is related
to the sexual assault and provided to the victim during the 30-day
period following that examination, including medication and
medical testing.
SECTION 5. Article 56A.401, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
contact or at the earliest possible time after the initial contact
between a victim of a reported offense and the law enforcement
agency having the responsibility for investigating the offense, the
agency shall provide the victim a written notice containing:
(1) information about the availability of emergency
and medical services, if applicable;
(2) information about the rights of crime victims
under Subchapter B;
(3) notice that the victim has the right to receive
information:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information relating to the
costs that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination
and for any prescribed continuing medical care that is related to
the sexual assault and provided to the victim during the 30-day
period following that examination, as provided by Subchapter G; and
(C) providing a referral to available social
service agencies that may offer additional assistance;
(4) the name, address, and phone number of the law
enforcement agency's crime victim liaison;
(5) the name, address, and phone number of the victim
assistance coordinator of the office of the attorney representing
the state; and
(6) the following statement:
"You may call the law enforcement agency's telephone number
for the status of the case and information about victims' rights."
SECTION 6. Article 56A.451(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Not later than the 10th day after the date that an
indictment or information is returned against a defendant for an
offense, the attorney representing the state shall give to each
victim of the offense a written notice containing:
(1) the case number and assigned court for the case;
(2) a brief general statement of each procedural stage
in the processing of a criminal case, including bail, plea
bargaining, parole restitution, and appeal;
(3) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(4) the name, address, and phone number of the local
victim assistance coordinator; and
(5) notification of:
(A) the rights and procedures under this chapter,
Chapter 56B, and Subchapter B, Chapter 58;
(B) the right to file a victim impact statement
with the office of the attorney representing the state and the
department;
(C) the right to receive information:
(i) regarding compensation to victims of
crime as provided by Chapter 56B, including information relating to
the costs that may be compensated under that chapter, eligibility
for compensation, and procedures for application for compensation
under that chapter;
(ii) for a victim of a sexual assault,
regarding the payment under Subchapter G for a forensic medical
examination and for any prescribed continuing medical care that is
related to the sexual assault and provided to the victim during the
30-day period following that examination, as provided by Subchapter
G; and
(iii) providing a referral to available
social service agencies that may offer additional assistance; and
(D) the right of a victim, guardian of a victim,
or close relative of a deceased victim, as defined by Section
508.117, Government Code, to appear in person before a member of the
board as provided by Section 508.153, Government Code.
SECTION 7. Article 62.063, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article:
(1) "Amusement ride" has the meaning assigned by
Section 2151.002, Occupations Code.
(2) "Bus" has the meaning assigned by Section 541.201,
Transportation Code.
(3) "Digitally prearranged ride" has the meaning
assigned by Section 2402.001, Occupations Code.
(b) A person subject to registration under this chapter
because of a reportable conviction or adjudication for which an
affirmative finding is entered under Article 42.015(b) or
42A.105(a), as appropriate, may not, for compensation:
(1) operate or offer to operate a bus;
(2) provide or offer to provide a passenger taxicab or
limousine transportation service, or a digitally prearranged ride;
(3) provide or offer to provide any type of service in
the residence of another person unless the provision of service
will be supervised; or
(4) operate or offer to operate any amusement ride.
SECTION 8. Section 57.002(a), Family Code, is amended to
read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
juvenile justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information:
(A) regarding compensation to victims as
provided by Chapter 56B, Code of Criminal Procedure, including
information relating to the costs that may be compensated under
that chapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G, Chapter 56A, Code of Criminal
Procedure, for a forensic medical examination and for any
prescribed continuing medical care that is related to the sexual
assault and provided to the victim during the 30-day period
following that examination; and
(C) when requested, providing a referral to
available social service agencies that may offer additional
assistance;
(7) the right to be informed, upon request, of
procedures for release under supervision or transfer of the person
to the custody of the Texas Department of Criminal Justice for
parole, to participate in the release or transfer for parole
process, to be notified, if requested, of the person's release,
escape, or transfer for parole proceedings concerning the person,
to provide to the Texas Juvenile Justice Department for inclusion
in the person's file information to be considered by the department
before the release under supervision or transfer for parole of the
person, and to be notified, if requested, of the person's release or
transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child's relatives and witnesses, before and during court
proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Subchapter B, Chapter 56A,
Code of Criminal Procedure.
SECTION 9. Section 420.011(c), Government Code, is amended
to read as follows:
(c) The attorney general shall adopt rules establishing
minimum standards for the certification of a sexual assault nurse
examiner and the renewal of that certification by the nurse
examiner, including standards for examiner training courses and for
the interstate reciprocity of sexual assault nurse examiners. The
certification is valid for three [two] years from the date of
issuance. The attorney general shall also adopt rules establishing
minimum standards for the suspension, decertification, or
probation of a sexual assault nurse examiner who violates this
chapter.
SECTION 10. Sections 323.0046(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A health care facility that has an emergency department
shall provide at least one hour of basic sexual assault response
training to facility employees and contractors who provide patient
admission functions, patient-related administrative support
functions, or direct patient care. The training must include
instruction on:
(1) the provision of survivor-centered,
trauma-informed care to sexual assault survivors; and
(2) the rights of sexual assault survivors under
Chapter 56A, Code of Criminal Procedure, including:
(A) the availability of a forensic medical
examination, including an examination that is available when a
sexual assault survivor does not report the assault to a law
enforcement agency; and
(B) the role of an advocate as defined by Section
420.003, Government Code, in responding to a sexual assault
survivor.
(b) An employee or contractor described by Subsection (a)
who completes a continuing medical or nursing education course in
forensic evidence collection described by Section 156.057 or
301.306, Occupations Code, that is approved or recognized by the
appropriate licensing board is considered to have completed basic
sexual assault response training for purposes of this section.
SECTION 11. Section 323.005(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall develop a standard information
form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation
and regarding the payment of costs and the reimbursements available
for care to be provided as described by Subchapter G, Chapter 56A,
Code of Criminal Procedure;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide;
(7) the names and contact information of legal aid
services providers statewide;
(8) information regarding postexposure prophylaxis
for HIV infection;
(9) [(8)] information regarding the period for which
biological evidence collected from the forensic medical
examination will be retained and preserved under Article 38.43,
Code of Criminal Procedure; and
(10) [(9)] a statement that the survivor has the right
to access a shower for free after the forensic medical examination,
if shower facilities are available at the health care facility.
SECTION 12. Section 323.0051(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall develop a standard information
form for sexual assault survivors who arrive at a health care
facility that is not a SAFE-ready facility. The information form
must include:
(1) information regarding the benefits of a forensic
medical examination conducted by a sexual assault forensic
examiner;
(2) the Internet website address to the commission's
list of SAFE-ready facilities that includes the facilities'
physical addresses as required by Section 323.008;
(3) the following statements:
(A) "As a survivor of sexual assault, you have
the right to receive a forensic medical examination for sexual
assault at this hospital emergency room if you are requesting the
examination not later than 120 hours after the assault. For parents
or guardians of a minor child, your child has the right to receive
the forensic medical examination at any time, regardless of when
the assault occurred."; and
(B) "Call 1-800-656-HOPE to be connected to a
sexual assault crisis center for free and confidential
assistance."; [and]
(4) the names and contact information of legal aid
services providers statewide; and
(5) information on the procedure for submitting a
complaint against the health care facility.
SECTION 13. Section 323.0052(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall develop a standard information
form that, as described by Subsection (b), is to be provided to
sexual assault survivors who have not given signed, written consent
to a health care facility to release the evidence as provided by
Section 420.0735, Government Code. The form must include the
following information:
(1) the Department of Public Safety's policy regarding
storage of evidence of a sexual assault or other sex offense that is
collected under Subchapter G, Chapter 56A, Code of Criminal
Procedure, including:
(A) a statement that the evidence will be stored
until the fifth anniversary of the date on which the evidence was
collected before the evidence becomes eligible for destruction; and
(B) the department's procedures regarding the
notification of the survivor through the statewide electronic
tracking system before a planned destruction of the evidence;
(2) a statement that the survivor may request the
release of the evidence to a law enforcement agency and report a
sexual assault or other sex offense to the agency at any time;
(3) the name, phone number, and e-mail address of the
law enforcement agency with jurisdiction over the offense; [and]
(4) the name and phone number of a local sexual assault
crisis center; and
(5) the names and contact information of legal aid
services providers statewide.
SECTION 14. Section 323.053, Health and Safety Code, is
amended to read as follows:
Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE
program must:
(1) operate under the active oversight of a medical
director who is a physician licensed by and in good standing with
the Texas Medical Board;
(2) provide medical treatment under a physician's
order, standing medical order, standing delegation order, or other
order or protocol as defined by Texas Medical Board rules;
(3) employ or contract with a sexual assault examiner
or a sexual assault nurse examiner;
(4) provide access to a sexual assault program
advocate, as required by Subchapter H, Chapter 56A, Code of
Criminal Procedure;
(5) ensure a sexual assault survivor has access to a
private treatment room;
(6) if indicated by a survivor's history or on a
survivor's request, provide:
(A) HIV testing and prophylactic medication to
the survivor or a referral for the testing and medication; and
(B) counseling and prophylactic medications for
exposure to sexually transmitted infections and pregnancy;
(7) provide to survivors the name and telephone number
of a nearby sexual assault program that provides to survivors the
minimum services described by Subchapter A, Chapter 420, Government
Code;
(8) provide to survivors the information form required
by Section 323.005, 323.0051, or 323.0052, as applicable[, and
orally communicate the information regarding crime victims
compensation under Section 323.005(a)(4)];
(9) collaborate with any sexual assault program, as
defined by Section 420.003, Government Code, that provides services
to survivors in the county;
(10) engage in efforts to improve the quality of the
program;
(11) maintain capacity for appropriate triage or have
agreements with other health facilities to assure that a survivor
receives the appropriate level of care indicated for the survivor's
medical and mental health needs;
(12) prioritize the safety and well-being of
survivors;
(13) provide a trauma-informed approach in the
forensic medical care provided to survivors; and
(14) collaborate with:
(A) law enforcement agencies and attorneys
representing the state with jurisdiction in the county;
(B) any available local sexual assault response
team; and
(C) other interested persons in the community.
SECTION 15. Section 351.257, Local Government Code, is
amended to read as follows:
Sec. 351.257. REPORT. (a) Not later than December 1 of
each odd-numbered year, a response team shall provide to the
commissioners court of each county the response team serves a
report that includes:
(1) a list of response team members able to
participate in the quarterly meetings required by Section
351.254(c);
(2) a copy of the written protocol developed under
Section 351.256; and
(3) either:
(A) a biennial summary detailing:
(i) the number of sexual assault reports
received by local law enforcement agencies;
(ii) the number of investigations conducted
as a result of those reports;
(iii) the number of indictments presented
in connection with a report and the disposition of those cases; and
(iv) the number of reports of sexual
assault for which no indictment was presented; or
(B) an explanation of the reason the response
team failed to provide the information described by Paragraph (A).
(b) Not later than February 1 of each even-numbered year,
the commissioners court of each county that receives a report
described by Subsection (a) during the preceding year shall submit
that report to the Sexual Assault Survivors' Task Force established
under Section 772.0064, Government Code.
SECTION 16. Subchapter J, Chapter 351, Local Government
Code, is amended by adding Section 351.2571 to read as follows:
Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the
requirements of Section 351.257 may be used to determine
eligibility for receiving grant funds from the office of the
governor or another state agency.
SECTION 17. Section 156.057, Occupations Code, is amended
to read as follows:
Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE
COLLECTION. (a) A physician licensed under this subtitle who
submits an application for renewal of a license to practice
medicine and whose practice includes treating patients in an
emergency room setting shall [may] complete at least two hours of
continuing medical education relating to:
(1) the provision of trauma-informed care to sexual
assault survivors;
(2) appropriate community referrals and prophylactic
medications;
(3) the rights of a sexual assault survivor under
Chapter 56A, Code of Criminal Procedure, including the opportunity
to request the presence of an advocate as defined by Section
420.003, Government Code, and a forensic medical examination;
(4) forensic evidence collection methods; and
(5) applicable state law pertaining to the custody,
transfer, and tracking of forensic evidence.
(b) The board shall adopt rules to establish the content of
continuing medical education relating to forensic evidence
collection. The content of the continuing medical education must
conform to the evidence collection protocol distributed by the
attorney general under Section 420.031, Government Code. The board
may adopt other rules to implement this section.
(c) The board may permit the continuing medical education
under this section to be counted toward the hours of continuing
medical education required by Section 156.051(a)(2).
SECTION 18. Subchapter D, Chapter 204, Occupations Code, is
amended by adding Section 204.1563 to read as follows:
Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE
COLLECTION. (a) A physician assistant licensed under this chapter
whose practice includes treating patients in an emergency room
setting shall complete at least two hours of continuing medical
education relating to:
(1) the provision of trauma-informed care to sexual
assault survivors;
(2) appropriate community referrals and prophylactic
medications;
(3) the rights of a sexual assault survivor under
Chapter 56A, Code of Criminal Procedure, including the opportunity
to request the presence of an advocate as defined by Section
420.003, Government Code, and a forensic medical examination;
(4) forensic evidence collection methods; and
(5) applicable state law pertaining to the custody,
transfer, and tracking of forensic evidence.
(b) The content of the continuing medical education
relating to forensic evidence collection must conform to the
evidence collection protocol distributed by the attorney general
under Section 420.031, Government Code.
(c) The board may permit the continuing medical education
under this section to be counted toward the continuing education
requirements under Section 204.1562(a)(2).
SECTION 19. Sections 2402.107(a) and (b), Occupations Code,
are amended to read as follows:
(a) Before permitting an individual to log in as a driver on
the company's digital network, a transportation network company
must:
(1) confirm that the individual:
(A) is at least 18 years of age;
(B) maintains a valid driver's license issued by
this state, another state, or the District of Columbia; and
(C) possesses proof of registration and
automobile financial responsibility for each motor vehicle to be
used to provide digitally prearranged rides;
(2) conduct, or cause to be conducted, a local, state,
and national criminal background check for the individual that
includes the use of:
(A) a commercial multistate and
multijurisdiction criminal records locator or other similar
commercial nationwide database; [and]
(B) the national sex offender public website
maintained by the United States Department of Justice or a
successor agency; and
(C) the state sex offender public website
maintained by the Department of Public Safety; and
(3) obtain and review the individual's driving record.
(b) A transportation network company may not permit an
individual to log in as a driver on the company's digital network if
the individual:
(1) has been convicted in the three-year period
preceding the issue date of the driving record obtained under
Subsection (a)(3) of:
(A) more than three offenses classified by the
Department of Public Safety as moving violations; or
(B) one or more of the following offenses:
(i) fleeing or attempting to elude a police
officer under Section 545.421, Transportation Code;
(ii) reckless driving under Section
545.401, Transportation Code;
(iii) driving without a valid driver's
license under Section 521.025, Transportation Code; or
(iv) driving with an invalid driver's
license under Section 521.457, Transportation Code;
(2) has been convicted in the preceding seven-year
period of any of the following:
(A) driving while intoxicated under Section
49.04 or 49.045, Penal Code;
(B) use of a motor vehicle to commit a felony;
(C) a felony crime involving property damage;
(D) fraud;
(E) theft;
(F) an act of violence; or
(G) an act of terrorism; or
(3) is found to be registered in the national sex
offender public website maintained by the United States Department
of Justice or a successor agency or in the state sex offender public
website maintained by the Department of Public Safety.
SECTION 20. Section 92.0161(c), Property Code, is amended
to read as follows:
(c) If the tenant is a victim or a parent or guardian of a
victim of sexual assault under Section 22.011, Penal Code,
aggravated sexual assault under Section 22.021, Penal Code,
indecency with a child under Section 21.11, Penal Code, sexual
performance by a child under Section 43.25, Penal Code, continuous
sexual abuse of young child or disabled individual under Section
21.02, Penal Code, or an attempt to commit any of the foregoing
offenses under Section 15.01, Penal Code, that takes place during
the preceding six-month period [on the premises or at any dwelling
on the premises], the tenant shall provide to the landlord or the
landlord's agent a copy of:
(1) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed health
care services provider who examined the victim;
(2) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed mental
health services provider who examined or evaluated the victim;
(3) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from an individual
authorized under Chapter 420, Government Code, who provided
services to the victim; or
(4) documentation of a protective order issued under
Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a
temporary ex parte order.
SECTION 21. Section 323.005(d), Health and Safety Code, is
repealed.
SECTION 22. The changes in law made by this Act to Chapter
56A, Code of Criminal Procedure, apply only to a sexual assault or
other sex offense that is first reported or for which medical care
is first sought on or after the effective date of this Act. A sexual
assault or other sex offense that is first reported or for which
medical care was first sought before the effective date of this Act
is governed by the law in effect on the date the sexual assault was
reported or the medical care was sought, and the former law is
continued in effect for that purpose.
SECTION 23. Section 420.011(c), Government Code, as amended
by this Act, applies only to an application for renewal of a sexual
assault nurse examiner certificate filed on or after the effective
date of this Act. An application for renewal of a certificate filed
before the effective date of this Act is governed by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
SECTION 24. Section 156.057, Occupations Code, as amended
by this Act, and Section 204.1563, Occupations Code, as added by
this Act, apply to an application for the renewal of a license filed
on or after September 1, 2026. An application for the renewal of a
license filed before that date is governed by the law in effect on
the date the application was filed, and the former law is continued
in effect for that purpose.
SECTION 25. Not later than June 1, 2026, the Texas Medical
Board shall adopt the rules required by Section 156.057,
Occupations Code, as amended by this Act.
SECTION 26. Not later than June 1, 2026, the Texas Physician
Assistant Board shall adopt rules to implement Section 204.1563,
Occupations Code, as added by this Act.
SECTION 27. This Act takes effect September 1, 2025.