Texas 2025 - 89th Regular

Texas Senate Bill SB1610 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry, Flores S.B. No. 1610
2		-
3		-
	2	+	(In the Senate - Filed February 25, 2025; March 10, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1610 By: Flores
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to sexually violent predators, to the Texas Civil
9	14		Commitment Office, and to the prosecution of the offense of
10	15		harassment by sexually violent predators and other persons confined
11	16		in certain facilities; amending certain sex offender registration
12	17		requirements; increasing criminal penalties.
13	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	19		SECTION 1. Section 12.42, Penal Code, is amended by
15	20		amending Subsection (d) and adding Subsection (e) to read as
16	21		follows:
17	22		(d) Except as provided by Subsection (c)(2), [or] (c)(4), or
18	23		(e), if it is shown on the trial of a felony offense other than a
19	24		state jail felony punishable under Section 12.35(a) that the
20	25		defendant has previously been finally convicted of two felony
21	26		offenses, and the second previous felony conviction is for an
22	27		offense that occurred subsequent to the first previous conviction
23	28		having become final, on conviction the defendant shall be punished
24	29		by imprisonment in the Texas Department of Criminal Justice for
25	30		life, or for any term of not more than 99 years or less than 25
26	31		years. A previous conviction for a state jail felony punishable
27	32		under Section 12.35(a) may not be used for enhancement purposes
28	33		under this subsection.
29	34		(e) Notwithstanding Subsection (c) or (d), if it is shown on
30	35		the trial of a felony offense other than a state jail felony
31	36		punishable under Section 12.35(a) that the defendant was civilly
32	37		committed as a sexually violent predator under Chapter 841, Health
33	38		and Safety Code, at the time of the offense, on conviction the
34	39		defendant shall be punished by imprisonment in the Texas Department
35	40		of Criminal Justice for life, or for any term of not more than 99
36	41		years or less than 25 years.
37	42		SECTION 2. Section 21.08(b), Penal Code, as amended by
38	43		Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th
39	44		Legislature, Regular Session, 2023, is reenacted and amended to
40	45		read as follows:
41	46		(b) An offense under this section is a Class B misdemeanor,
42	47		except that the offense is:
43	48		(1) a Class A misdemeanor if it is shown on the trial
44	49		of the offense that the defendant has been previously convicted one
45	50		time of an offense under this section; [and]
46	51		(2) a state jail felony if it is shown on the trial of
47	52		the offense that the defendant has been previously convicted two or
48	53		more times of an offense under this section; or
49	54		(3) a felony of the third degree if the actor is
50	55		civilly committed as a sexually violent predator under Chapter 841,
51	56		Health and Safety Code.
52	57		SECTION 3. Section 22.01, Penal Code, is amended by adding
53	58		Subsection (d-1) to read as follows:
54	59		(d-1) The actor is presumed to have known the person
55	60		assaulted was a person described by Subsection (b-1)(2)(A) or (B),
56	61		as applicable, if the person was wearing a distinctive uniform or
57	62		badge indicating the person's status as an officer or employee of
58	63		the Texas Civil Commitment Office or a contractor or employee of a
59	64		contractor performing a service in a civil commitment facility.
60	65		SECTION 4. Section 22.012(b), Penal Code, is amended to
61	66		read as follows:
62	67		(b) An offense under this section is a Class A misdemeanor,
63	68		except that the offense is:
64	69		(1) a state jail felony if it is shown on the trial of
65	70		the offense that:
66	71		(A) the defendant has been previously convicted
67	72		of an offense under this section, other than an offense punishable
68	73		under Paragraph (B); or
69	74		(B) the defendant is a health care services
70	75		provider or a mental health services provider and the act is:
71	76		(i) committed during the course of
72	77		providing a treatment or service to the victim; and
73	78		(ii) beyond the scope of generally accepted
74	79		practices for the treatment or service; [or]
75	80		(2) a felony of the third degree if it is shown on the
76	81		trial of the offense that the defendant has been previously
77	82		convicted of an offense under this section that is punishable under
78	83		Subdivision (1)(B); or
79	84		(3) a felony of the third degree if the offense is
80	85		committed by an actor who is committed to a civil commitment
81	86		facility, against:
82	87		(A) a person the actor knows is an officer or
83	88		employee of the Texas Civil Commitment Office:
84	89		(i) while the officer or employee is
85	90		lawfully discharging an official duty; or
86	91		(ii) in retaliation for or on account of an
87	92		exercise of official power or performance of an official duty by the
88	93		officer or employee; or
89	94		(B) a person the actor knows is contracting with
90	95		the state to perform a service in a civil commitment facility or an
91	96		employee of that person:
92	97		(i) while the person or employee is engaged
93	98		in performing a service within the scope of the contract; or
94	99		(ii) in retaliation for or on account of the
95	100		person's or employee's performance of a service within the scope of
96	101		the contract.
97	102		SECTION 5. Section 22.02, Penal Code, is amended by
98	103		amending Subsection (b) and adding Subsection (c-1) to read as
99	104		follows:
100	105		(b) An offense under this section is a felony of the second
101	106		degree, except that the offense is a felony of the first degree if:
102	107		(1) the actor uses a deadly weapon during the
103	108		commission of the assault and causes:
104	109		(A) serious bodily injury to a person whose
105	110		relationship to or association with the defendant is described by
106	111		Section 71.0021(b), 71.003, or 71.005, Family Code; or
107	112		(B) a traumatic brain or spine injury to another
108	113		that results in a persistent vegetative state or irreversible
109	114		paralysis;
110	115		(2) regardless of whether the offense is committed
111	116		under Subsection (a)(1) or (a)(2), the offense is committed:
112	117		(A) by a public servant acting under color of the
113	118		servant's office or employment;
114	119		(B) against a person the actor knows is a public
115	120		servant while the public servant is lawfully discharging an
116	121		official duty, or in retaliation or on account of an exercise of
117	122		official power or performance of an official duty as a public
118	123		servant;
119	124		(C) in retaliation against or on account of the
120	125		service of another as a witness, prospective witness, informant, or
121	126		person who has reported the occurrence of a crime;
122	127		(D) against a person the actor knows is a process
123	128		server while the person is performing a duty as a process server;
124	129		[or]
125	130		(E) against a person the actor knows is a
126	131		security officer while the officer is performing a duty as a
127	132		security officer; or
128	133		(F) by an actor who is committed to a civil
129	134		commitment facility, against:
130	135		(i) a person the actor knows is an officer
131	136		or employee of the Texas Civil Commitment Office:
132	137		(a) while the officer or employee is
133	138		lawfully discharging an official duty; or
134	139		(b) in retaliation for or on account
135	140		of an exercise of official power or performance of an official duty
136	141		by the officer or employee; or
137	142		(ii) a person the actor knows is
138	143		contracting with the state to perform a service in a civil
139	144		commitment facility or an employee of that person:
140	145		(a) while the person or employee is
141	146		engaged in performing a service within the scope of the contract; or
142	147		(b) in retaliation for or on account
143	148		of the person's or employee's performance of a service within the
144	149		scope of the contract;
145	150		(3) the actor is in a motor vehicle, as defined by
146	151		Section 501.002, Transportation Code, and:
147	152		(A) knowingly discharges a firearm at or in the
148	153		direction of a habitation, building, or vehicle;
149	154		(B) is reckless as to whether the habitation,
150	155		building, or vehicle is occupied; and
151	156		(C) in discharging the firearm, causes serious
152	157		bodily injury to any person; or
153	158		(4) the actor commits the assault as part of a mass
154	159		shooting.
155	160		(c-1) The actor is presumed to have known the person
156	161		assaulted was a person described by Subsection (b)(2)(F)(i) or
157	162		(ii), as applicable, if the person was wearing a distinctive
158	163		uniform or badge indicating the person's status as an officer or
159	164		employee of the Texas Civil Commitment Office or a contractor or
160	165		employee of a contractor performing a service in a civil commitment
161	166		facility.
162	167		SECTION 6. Section 22.11, Penal Code, is amended by
163	168		amending Subsection (a) and adding Subsections (f) and (g) to read
164	169		as follows:
165	170		(a) A person commits an offense if, with the intent to
166	171		assault, harass, annoy, [or] alarm, abuse, torment, or embarrass
167	172		the person:
168	173		(1) while imprisoned or confined in a correctional or
169	174		detention facility, causes another person to contact the blood,
170	175		seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
171	176		any other person, or an animal, or any other fluid or liquid;
172	177		(2) while committed to a civil commitment facility,
173	178		causes:
174	179		(A) an officer or employee of the Texas Civil
175	180		Commitment Office to contact the blood, seminal fluid, vaginal
176	181		fluid, saliva, urine, or feces of the actor, any other person, or an
177	182		animal, or any other fluid or liquid:
178	183		(i) while the officer or employee is
179	184		lawfully discharging an official duty at a civil commitment
180	185		facility; or
181	186		(ii) in retaliation for or on account of an
182	187		exercise of official power or performance of an official duty by the
183	188		officer or employee; or
184	189		(B) a person who contracts with the state to
185	190		perform a service in the facility or an employee of that person to
186	191		contact the blood, seminal fluid, vaginal fluid, saliva, urine, or
187	192		feces of the actor, any other person, or an animal, or any other
188	193		fluid or liquid:
189	194		(i) while the person or employee is engaged
190	195		in performing a service within the scope of the contract, if the
191	196		actor knows the person or employee is authorized by the state to
192	197		provide the service; or
193	198		(ii) in retaliation for or on account of the
194	199		person's or employee's performance of a service within the scope of
195	200		the contract; or
196	201		(3) causes another person the actor knows to be a
197	202		public servant to contact the blood, seminal fluid, vaginal fluid,
198	203		saliva, urine, or feces of the actor, any other person, or an
199	204		animal, or any other fluid or liquid, while the public servant is
200	205		lawfully discharging an official duty or in retaliation or on
201	206		account of an exercise of the public servant's official power or
202	207		performance of an official duty.
203	208		(f) For purposes of Subsection (a)(2), the actor is presumed
204	209		to have known the person was an officer or employee of the Texas
205	210		Civil Commitment Office or a person who contracts with the state to
206	211		perform a service in a civil commitment facility or an employee of
207	212		that person, as applicable, if the person was wearing a distinctive
208	213		uniform or badge indicating the person's status as an officer or
209	214		employee of the Texas Civil Commitment Office or a contractor or
210	215		employee of a contractor performing a service in a civil commitment
211	216		facility.
212	217		(g) It is not a defense to prosecution under Subsection (a)
213	218		that the actor warned any person that the actor intended to violate
214	219		Subsection (a).
215	220		SECTION 7. Section 36.06(b)(3), Penal Code, is amended to
216	221		read as follows:
217	222		(3) "Public servant" has the meaning assigned by
218	223		Section 1.07, except that the term also includes:
219	224		(A) an honorably retired peace officer; and
220	225		(B) a person who contracts with the state to
221	226		perform a service in a civil commitment facility or an employee of
222	227		that person.
223	228		SECTION 8. Section 38.11, Penal Code, is amended by
224	229		amending Subsection (a) and adding Subsection (l) to read as
225	230		follows:
226	231		(a) A person commits an offense if the person provides, or
227	232		possesses with the intent to provide:
228	233		(1) an alcoholic beverage, controlled substance, or
229	234		dangerous drug to a person in the custody of a correctional facility
230	235		or residing in a civil commitment facility, except on the
231	236		prescription of a practitioner;
232	237		(2) a deadly weapon to a person in the custody of a
233	238		correctional facility or residing in a civil commitment facility;
234	239		(3) a cellular telephone or other wireless
235	240		communications device or a component of one of those devices to a
236	241		person in the custody of a correctional facility;
237	242		(4) money to a person confined in a correctional
238	243		facility; [or]
239	244		(5) a cigarette or tobacco product to a person
240	245		confined in a correctional facility, except that if the facility is
241	246		a local jail regulated by the Commission on Jail Standards, the
242	247		person commits an offense only if providing the cigarette or
243	248		tobacco product violates a rule or regulation adopted by the
244	249		sheriff or jail administrator that:
245	250		(A) prohibits the possession of a cigarette or
246	251		tobacco product by a person confined in the jail; or
247	252		(B) places restrictions on:
248	253		(i) the possession of a cigarette or
249	254		tobacco product by a person confined in the jail; or
250	255		(ii) the manner in which a cigarette or
251	256		tobacco product may be provided to a person confined in the jail; or
252	257		(6) a cigarette, e-cigarette, nicotine product, or
253	258		tobacco product to a person residing in a civil commitment
254	259		facility.
255	260		(l) A person commits an offense if the person, while
256	261		residing in a civil commitment facility:
257	262		(1) possesses a cigarette, e-cigarette, nicotine
258	263		product, or tobacco product; or
259	264		(2) manufactures an alcoholic beverage.
260	265		SECTION 9. Section 38.11(f), Penal Code, is amended by
261	266		adding Subdivisions (7) and (8) to read as follows:
262	267		(7) "E-cigarette" has the meaning assigned by Section
263	268		161.081, Health and Safety Code.
264	269		(8) "Nicotine product" means a product that contains
265	270		nicotine from any source, regardless of whether the product is a
266	271		tobacco product.
267	272		SECTION 10. Article 13A.554, Code of Criminal Procedure, is
268	273		amended to read as follows:
269	274		Art. 13A.554. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
270	275		[FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL
271	276		COMMITMENT REQUIREMENT]. A felony [An] offense committed by a
272	277		person civilly committed under Chapter 841 [Section 841.085],
273	278		Health and Safety Code, may be prosecuted in:
274	279		(1) any county in which an element of the offense
275	280		occurs; or
276	281		(2) the court that retains jurisdiction over the civil
277	282		commitment proceeding under Section 841.082, Health and Safety
278	283		Code.
279	284		SECTION 11. Article 14.03(a), Code of Criminal Procedure,
280	285		is amended to read as follows:
281	286		(a) Any peace officer may arrest, without warrant:
282	287		(1) persons found in suspicious places and under
283	288		circumstances which reasonably show that such persons have been
284	289		guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
285	290		breach of the peace, or offense under Section 49.02, Penal Code, or
286	291		threaten, or are about to commit some offense against the laws;
287	292		(2) persons who the peace officer has probable cause
288	293		to believe have committed an assault resulting in bodily injury to
289	294		another person and the peace officer has probable cause to believe
290	295		that there is danger of further bodily injury to that person;
291	296		(3) persons who the peace officer has probable cause
292	297		to believe have committed an offense defined by Section 25.07,
293	298		Penal Code, if the offense is not committed in the presence of the
294	299		peace officer;
295	300		(4) persons who the peace officer has probable cause
296	301		to believe have committed an offense involving family violence;
297	302		(5) persons who the peace officer has probable cause
298	303		to believe have prevented or interfered with an individual's
299	304		ability to place a telephone call in an emergency, as defined by
300	305		Section 42.062(d), Penal Code, if the offense is not committed in
301	306		the presence of the peace officer; [or]
302	307		(6) a person who makes a statement to the peace officer
303	308		that would be admissible against the person under Article 38.21 and
304	309		establishes probable cause to believe that the person has committed
305	310		a felony; or
306	311		(7) a person who the peace officer has probable cause
307	312		to believe has committed a felony offense while civilly committed
308	313		as a sexually violent predator under Chapter 841, Health and Safety
309	314		Code.
310	315		SECTION 12. Article 14.06(a), Code of Criminal Procedure,
311	316		is amended to read as follows:
312	317		(a) Except as otherwise provided by this article, in each
313	318		case enumerated in this Code, the person making the arrest or the
314	319		person having custody of the person arrested shall take the person
315	320		arrested or have him taken without unnecessary delay, but not later
316	321		than 48 hours after the person is arrested, before the magistrate
317	322		who may have ordered the arrest, before some magistrate of the
318	323		county where the arrest was made without an order, or, to provide
319	324		more expeditiously to the person arrested the warnings described by
320	325		Article 15.17 [of this Code], before a magistrate in any other
321	326		county of this state. The magistrate shall immediately perform the
322	327		duties described in Article 15.17 in any manner permitted by that
323	328		article [of this Code].
324	329		SECTION 13. Articles 15.17(a) and (b), Code of Criminal
325	330		Procedure, are amended to read as follows:
326	331		(a) In each case enumerated in this Code, the person making
327	332		the arrest or the person having custody of the person arrested shall
328	333		without unnecessary delay, but not later than 48 hours after the
329	334		person is arrested, take the person arrested or have him taken
330	335		before some magistrate of the county where the accused was arrested
331	336		or, to provide more expeditiously to the person arrested the
332	337		warnings described by this article, before a magistrate in any
333	338		other county of this state. The arrested person may be taken before
334	339		the magistrate in person or the image of the arrested person may be
335	340		presented to the magistrate by means of a videoconference. If the
336	341		arrested person is civilly committed as a sexually violent predator
337	342		under Chapter 841, Health and Safety Code, and residing at a civil
338	343		commitment facility as defined by Section 1.07, Penal Code, the
339	344		magistrate may also choose to perform the duties of this article at
340	345		the civil commitment facility. The magistrate shall inform in
341	346		clear language the person arrested, either in person or through a
342	347		videoconference, of the accusation against him and of any affidavit
343	348		filed therewith, of his right to retain counsel, of his right to
344	349		remain silent, of his right to have an attorney present during any
345	350		interview with peace officers or attorneys representing the state,
346	351		of his right to terminate the interview at any time, and of his
347	352		right to have an examining trial. The magistrate shall also inform
348	353		the person arrested of the person's right to request the
349	354		appointment of counsel if the person cannot afford counsel. The
350	355		magistrate shall inform the person arrested of the procedures for
351	356		requesting appointment of counsel. If applicable, the magistrate
352	357		shall inform the person that the person may file the affidavit
353	358		described by Article 17.028(f). If the person does not speak and
354	359		understand the English language or is deaf, the magistrate shall
355	360		inform the person in a manner consistent with Articles 38.30 and
356	361		38.31, as appropriate. The magistrate shall ensure that reasonable
357	362		assistance in completing the necessary forms for requesting
358	363		appointment of counsel is provided to the person at the same time.
359	364		If the person arrested is indigent and requests appointment of
360	365		counsel and if the magistrate is authorized under Article 26.04 to
361	366		appoint counsel for indigent defendants in the county, the
362	367		magistrate shall appoint counsel in accordance with Article 1.051.
363	368		If the magistrate is not authorized to appoint counsel, the
364	369		magistrate shall without unnecessary delay, but not later than 24
365	370		hours after the person arrested requests appointment of counsel,
366	371		transmit, or cause to be transmitted to the court or to the courts'
367	372		designee authorized under Article 26.04 to appoint counsel in the
368	373		county, the forms requesting the appointment of counsel. The
369	374		magistrate shall also inform the person arrested that he is not
370	375		required to make a statement and that any statement made by him may
371	376		be used against him. The magistrate shall allow the person arrested
372	377		reasonable time and opportunity to consult counsel and shall, after
373	378		determining whether the person is currently on bail for a separate
374	379		criminal offense and whether the bail decision is subject to
375	380		Article 17.027, admit the person arrested to bail if allowed by law.
376	381		A record of the communication between the arrested person and the
377	382		magistrate shall be made. The record shall be preserved until the
378	383		earlier of the following dates: (1) the date on which the pretrial
379	384		hearing ends; or (2) the 91st day after the date on which the record
380	385		is made if the person is charged with a misdemeanor or the 120th day
381	386		after the date on which the record is made if the person is charged
382	387		with a felony. For purposes of this subsection, "videoconference"
383	388		means a two-way electronic communication of image and sound between
384	389		the arrested person and the magistrate and includes secure Internet
385	390		videoconferencing.
386	391		(b) After an accused charged with a misdemeanor punishable
387	392		by fine only is taken before a magistrate under Subsection (a) and
388	393		the magistrate has identified the accused with certainty, the
389	394		magistrate may release the accused without bond and order the
390	395		accused to appear at a later date for arraignment in the applicable
391	396		justice court or municipal court. The order must state in writing
392	397		the time, date, and place of the arraignment, and the magistrate
393	398		must sign the order. The accused shall receive a copy of the order
394	399		on release. If an accused fails to appear as required by the order,
395	400		the judge of the court in which the accused is required to appear
396	401		shall issue a warrant for the arrest of the accused. If the accused
397	402		is arrested and brought before the judge, the judge may admit the
398	403		accused to bail, and in admitting the accused to bail, the judge
399	404		should set as the amount of bail an amount double that generally set
400	405		for the offense for which the accused was arrested. This subsection
401	406		does not apply to an accused who:
402	407		(1) has previously been convicted of a felony or a
403	408		misdemeanor other than a misdemeanor punishable by fine only; or
404	409		(2) is civilly committed as a sexually violent
405	410		predator under Chapter 841, Health and Safety Code, at the time of
406	411		the offense.
407	412		SECTION 14. Article 17.091, Code of Criminal Procedure, is
408	413		amended to read as follows:
409	414		Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
410	415		Before a judge or magistrate reduces the amount of bail set for a
411	416		defendant charged with an offense listed in Article 42A.054 or an
412	417		offense described by Article 62.001(5), or any felony offense
413	418		committed while the defendant is civilly committed as a sexually
414	419		violent predator under Chapter 841, Health and Safety Code, the
415	420		judge or magistrate shall provide:
416	421		(1) to the attorney representing the state, reasonable
417	422		notice of the proposed bail reduction; and
418	423		(2) on request of the attorney representing the state
419	424		or the defendant or the defendant's counsel, an opportunity for a
420	425		hearing concerning the proposed bail reduction.
421	426		SECTION 15. Section 2, Article 17.151, Code of Criminal
422	427		Procedure, is amended to read as follows:
423	428		Sec. 2. The provisions of this article do not apply to a
424	429		defendant who is:
425	430		(1) serving a sentence of imprisonment for another
426	431		offense while the defendant is serving that sentence;
427	432		(2) being detained pending trial of another accusation
428	433		against the defendant as to which the applicable period has not yet
429	434		elapsed;
430	435		(3) incompetent to stand trial, during the period of
431	436		the defendant's incompetence; [or]
432	437		(4) being detained for a violation of the conditions
433	438		of a previous release related to the safety of a victim of the
434	439		alleged offense or to the safety of the community under this
435	440		article; or
436	441		(5) civilly committed as a sexually violent predator
437	442		under Chapter 841, Health and Safety Code.
438	443		SECTION 16. Chapter 17, Code of Criminal Procedure, is
439	444		amended by adding Article 17.411 to read as follows:
440	445		Art. 17.411. CONDITIONS FOR CIVILLY COMMITTED SEXUALLY
441	446		VIOLENT PREDATORS. (a) In this article, "civil commitment
442	447		facility" has the meaning assigned by Section 1.07, Penal Code.
443	448		(b) This article applies only to a defendant who was civilly
444	449		committed as a sexually violent predator under Chapter 841, Health
445	450		and Safety Code, at the time of the alleged offense.
446	451		(c) A magistrate may impose any reasonable condition of bond
447	452		related to the safety of a victim of the alleged offense, to the
448	453		safety of the community, or to the safety of staff, contractors, or
449	454		volunteers at a civil commitment facility.
450	455		(d) A magistrate shall impose as a condition of bond that
451	456		the defendant:
452	457		(1) not commit a new offense while released on bond;
453	458		and
454	459		(2) comply with the defendant's civil commitment order
455	460		for purposes of ensuring a safe environment at the civil commitment
456	461		facility.
457	462		(e) At a hearing limited to determining whether the
458	463		defendant violated a condition of bond imposed under this article,
459	464		the magistrate shall revoke the defendant's bond and order that the
460	465		defendant be immediately returned to custody if the magistrate
461	466		finds by a preponderance of the evidence that the violation
462	467		occurred. Once the defendant is placed in custody, the revocation
463	468		of the defendant's bond discharges the sureties on the bond, if any,
464	469		from any future liability on the bond. A discharge under this
465	470		subsection from any future liability on the bond does not discharge
466	471		any surety from liability for previous forfeitures on the bond.
467	472		SECTION 17. Article 42.08, Code of Criminal Procedure, is
468	473		amended by amending Subsection (a) and adding Subsection (d) to
469	474		read as follows:
470	475		(a) When the same defendant has been convicted in two or
471	476		more cases, judgment and sentence shall be pronounced in each case
472	477		in the same manner as if there had been but one conviction. Except
473	478		as provided by Subsections (b), [and] (c), and (d), in the
474	479		discretion of the court, the judgment in the second and subsequent
475	480		convictions may either be that the sentence imposed or suspended
476	481		shall begin when the judgment and the sentence imposed or suspended
477	482		in the preceding conviction has ceased to operate, or that the
478	483		sentence imposed or suspended shall run concurrently with the other
479	484		case or cases, and sentence and execution shall be accordingly;
480	485		provided, however, that the cumulative total of suspended sentences
481	486		in felony cases shall not exceed 10 years, and the cumulative total
482	487		of suspended sentences in misdemeanor cases shall not exceed the
483	488		maximum period of confinement in jail applicable to the misdemeanor
484	489		offenses, though in no event more than three years, including
485	490		extensions of periods of community supervision under Article
486	491		42A.752(a)(2), if none of the offenses are offenses under Chapter
487	492		49, Penal Code, or four years, including extensions, if any of the
488	493		offenses are offenses under Chapter 49, Penal Code.
489	494		(d) If a defendant has been convicted in two or more cases
490	495		and was civilly committed as a sexually violent predator under
491	496		Chapter 841, Health and Safety Code, at the time that any of the
492	497		offenses were committed, the court shall order the sentences for
493	498		those offenses to run consecutively.
494	499		SECTION 18. Article 62.001(5), Code of Criminal Procedure,
495	500		is amended to read as follows:
496	501		(5) "Reportable conviction or adjudication" means a
497	502		conviction or adjudication, including an adjudication of
498	503		delinquent conduct or a deferred adjudication, that, regardless of
499	504		the pendency of an appeal, is a conviction for or an adjudication
500	505		for or based on:
501	506		(A) a violation of Section 21.02 (Continuous
502	507		sexual abuse of young child or disabled individual), 21.09
503	508		(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
504	509		assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
505	510		sexual conduct), Penal Code;
506	511		(B) a violation of Section 43.04 (Aggravated
507	512		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
508	513		(Sexual performance by a child), or 43.26 (Possession or promotion
509	514		of child pornography), Penal Code;
510	515		(B-1) a violation of Section 43.021
511	516		(Solicitation of Prostitution), Penal Code, if the offense is
512	517		punishable as a felony of the second degree;
513	518		(C) a violation of Section 20.04(a)(4)
514	519		(Aggravated kidnapping), Penal Code, if the actor committed the
515	520		offense or engaged in the conduct with intent to violate or abuse
516	521		the victim sexually;
517	522		(D) a violation of Section 30.02 (Burglary),
518	523		Penal Code, if the offense or conduct is punishable under
519	524		Subsection (d) of that section and the actor committed the offense
520	525		or engaged in the conduct with intent to commit a felony listed in
521	526		Paragraph (A) or (C);
522	527		(E) a violation of Section 20.02 (Unlawful
523	528		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
524	529		Penal Code, if, as applicable:
525	530		(i) the judgment in the case contains an
526	531		affirmative finding under Article 42.015; or
527	532		(ii) the order in the hearing or the papers
528	533		in the case contain an affirmative finding that the victim or
529	534		intended victim was younger than 17 years of age;
530	535		(F) the second violation of Section 21.08
531	536		(Indecent exposure), Penal Code, but not if the second violation
532	537		results in a deferred adjudication;
533	538		(G) an attempt, conspiracy, or solicitation, as
534	539		defined by Chapter 15, Penal Code, to commit an offense or engage in
535	540		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
536	541		(H) a violation of the laws of another state,
537	542		federal law, the laws of a foreign country, or the Uniform Code of
538	543		Military Justice for or based on the violation of an offense
539	544		containing elements that are substantially similar to the elements
540	545		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
541	546		(G), (J), (K), or (L), but not if the violation results in a
542	547		deferred adjudication;
543	548		(I) the second violation of the laws of another
544	549		state, federal law, the laws of a foreign country, or the Uniform
545	550		Code of Military Justice for or based on the violation of an offense
546	551		containing elements that are substantially similar to the elements
547	552		of the offense of indecent exposure, but not if the second violation
548	553		results in a deferred adjudication;
549	554		(J) a violation of Section 33.021 (Online
550	555		solicitation of a minor), Penal Code;
551	556		(K) a violation of Section 20A.02(a)(3), (4),
552	557		(7), or (8) (Trafficking of persons), Penal Code; [or]
553	558		(L) a violation of Section 20A.03 (Continuous
554	559		trafficking of persons), Penal Code, if the offense is based partly
555	560		or wholly on conduct that constitutes an offense under Section
556	561		20A.02(a)(3), (4), (7), or (8) of that code; or
557	562		(M) a violation of any law of this state for which
558	563		the person has been civilly committed as a sexually violent
559	564		predator under Chapter 841, Health and Safety Code.
560	565		SECTION 19. Article 62.008, Code of Criminal Procedure, is
561	566		amended to read as follows:
562	567		Art. 62.008. GENERAL IMMUNITY. The following persons are
563	568		immune from liability for good faith conduct under this chapter:
564	569		(1) an employee or officer of the Texas Department of
565	570		Criminal Justice, the Texas Juvenile Justice Department, the
566	571		Department of Public Safety, the Board of Pardons and Paroles, the
567	572		Texas Civil Commitment Office, or a local law enforcement
568	573		authority;
569	574		(2) an employee or officer of a community supervision
570	575		and corrections department or a juvenile probation department;
571	576		(3) a member of the judiciary; and
572	577		(4) a member of the risk assessment review committee
573	578		established under Article 62.007.
574	579		SECTION 20. Article 62.058, Code of Criminal Procedure, is
575	580		amended by amending Subsection (a) and adding Subsection (a-1) to
576	581		read as follows:
577	582		(a) This subsection applies to a [A] person subject to
578	583		registration under this chapter who has for a sexually violent
579	584		offense been convicted two or more times, received an order of
580	585		deferred adjudication two or more times, or been convicted and
581	586		received an order of deferred adjudication and to a person who has
582	587		been civilly committed as a sexually violent predator under Chapter
583	588		841, Health and Safety Code, and is not required to reside in a
584	589		civil commitment center. A person to whom this subsection applies
585	590		shall report to the local law enforcement authority designated as
586	591		the person's primary registration authority by the department not
587	592		less than once in each 90-day period following the date the person
588	593		first registered under this chapter to verify the information in
589	594		the registration form maintained by the authority for that person.
590	595		[A person subject to registration under this chapter who is not
591	596		subject to the 90-day reporting requirement described by this
592	597		subsection shall report to the local law enforcement authority
593	598		designated as the person's primary registration authority by the
594	599		department once each year not earlier than the 30th day before and
595	600		not later than the 30th day after the anniversary of the person's
596	601		date of birth to verify the information in the registration form
597	602		maintained by the authority for that person.] For purposes of this
598	603		subsection, a person complies with a requirement that the person
599	604		register within a 90-day period following a date if the person
600	605		registers at any time on or after the 83rd day following that date
601	606		but before the 98th day after that date.
602	607		(a-1) A person subject to registration under this chapter
603	608		who is not subject to the 90-day reporting requirement described by
604	609		this article shall report to the local law enforcement authority
605	610		designated as the person's primary registration authority by the
606	611		department once each year not earlier than the 30th day before and
607	612		not later than the 30th day after the anniversary of the person's
608	613		date of birth to verify the information in the registration form
609	614		maintained by the authority for that person.
610	615		SECTION 21. Article 62.063(b), Code of Criminal Procedure,
611	616		is amended to read as follows:
612	617		(b) A person subject to registration under this chapter
613	618		because of a reportable conviction or adjudication for which an
614	619		affirmative finding is entered under Article 42.015(b) or
615	620		42A.105(a), as appropriate, or a person civilly committed as a
616	621		sexually violent predator under Chapter 841, Health and Safety
617	622		Code, may not, for compensation:
618	623		(1) operate or offer to operate a bus;
619	624		(2) provide or offer to provide a passenger taxicab or
620	625		limousine transportation service;
621	626		(3) provide or offer to provide any type of service in
622	627		the residence of another person unless the provision of service
623	628		will be supervised; [or]
624	629		(4) operate or offer to operate any amusement ride;
625	630		(5) provide or offer to provide a service at a
626	631		SAFE-ready facility, as defined by Section 323.001, Health and
627	632		Safety Code, or another facility that provides forensic medical
628	633		examinations to sexual assault survivors in accordance with Chapter
629	634		323, Health and Safety Code;
630	635		(6) provide or offer to provide a service at a sexual
631	636		assault program, as defined by Section 420.003, Government Code;
632	637		(7) provide or offer to provide a service at a family
633	638		violence center, as defined by Section 51.002, Human Resources
634	639		Code;
635	640		(8) provide or offer to provide a service at any public
636	641		or private primary or secondary school; or
637	642		(9) provide or offer to provide any coaching,
638	643		tutoring, or mentoring service to a person younger than 18 years of
639	644		age.
640	645		SECTION 22. Articles 62.101(a) and (b), Code of Criminal
641	646		Procedure, are amended to read as follows:
642	647		(a) Except as provided by Subsection (b) and Subchapter I,
643	648		the duty to register for a person ends when the person dies if the
644	649		person has a reportable conviction or adjudication, other than an
645	650		adjudication of delinquent conduct, for:
646	651		(1) a sexually violent offense;
647	652		(2) an offense under Section 20A.02(a)(3), (4), (7),
648	653		or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
649	654		(3) an offense under Section 20A.03, Penal Code, if
650	655		based partly or wholly on conduct that constitutes an offense under
651	656		Section 20A.02(a)(3), (4), (7), or (8) of that code;
652	657		(4) an offense under Section 21.11(a)(2), Penal Code,
653	658		if before or after the person is convicted or adjudicated for the
654	659		offense under Section 21.11(a)(2), Penal Code, the person receives
655	660		or has received another reportable conviction or adjudication,
656	661		other than an adjudication of delinquent conduct, for an offense or
657	662		conduct that requires registration under this chapter;
658	663		(5) an offense under Section 20.02, 20.03, or 20.04,
659	664		Penal Code, if:
660	665		(A) the judgment in the case contains an
661	666		affirmative finding under Article 42.015 or, for a deferred
662	667		adjudication, the papers in the case contain an affirmative finding
663	668		that the victim or intended victim was younger than 17 years of age;
664	669		and
665	670		(B) before or after the person is convicted or
666	671		adjudicated for the offense under Section 20.02, 20.03, or 20.04,
667	672		Penal Code, the person receives or has received another reportable
668	673		conviction or adjudication, other than an adjudication of
669	674		delinquent conduct, for an offense or conduct that requires
670	675		registration under this chapter; [or]
671	676		(6) an offense under Section 43.23, Penal Code, that
672	677		is punishable under Subsection (h) of that section; or
673	678		(7) an offense for which the person has been civilly
674	679		committed as a sexually violent predator under Chapter 841, Health
675	680		and Safety Code.
676	681		(b) Except as provided by Subchapter I, the duty to register
677	682		for a person otherwise subject to Subsection (a) ends on the 10th
678	683		anniversary of the date on which the person is released from civil
679	684		commitment as a sexually violent predator under Chapter 841, Health
680	685		and Safety Code, the date on which the person is released from a
681	686		penal institution or discharges community supervision, or the date
682	687		on which the court dismisses the criminal proceedings against the
683	688		person and discharges the person, whichever date is later, if the
684	689		person's duty to register is based on a conviction or an order of
685	690		deferred adjudication in a cause that was transferred to a district
686	691		court or criminal district court under Section 54.02, Family Code.
687	692		SECTION 23. Article 66.102, Code of Criminal Procedure, is
688	693		amended by adding Subsection (j) to read as follows:
689	694		(j) In addition to the information described by this
690	695		article, information in the computerized criminal history system
691	696		must include any civil commitment order issued under Chapter 841,
692	697		Health and Safety Code.
693	698		SECTION 24. Section 14A.056, Civil Practice and Remedies
694	699		Code, is amended to read as follows:
695	700		Sec. 14A.056. CONDUCT OF PROCEEDINGS [HEARING]. (a) In
696	701		this section, "remote proceeding" means a proceeding in which one
697	702		or more of the participants, including a judge, civilly committed
698	703		individual, party, attorney, witness, court reporter, or other
699	704		individual, attends the proceeding remotely through the use of
700	705		technology and the Internet, including through video
701	706		communications technology.
702	707		(b) The court may, without the consent of the civilly
703	708		committed individual or of the parties, hold a proceeding [hearing]
704	709		under this chapter at a facility operated by or under contract with
705	710		the office or [may] conduct a remote proceeding using [the hearing
706	711		with video communications] technology that permits the court to see
707	712		and hear the civilly committed individual and that permits the
708	713		individual to see and hear the court and any other witness.
709	714		(c)[(b)] A remote proceeding [hearing] conducted under
710	715		this section [by video communications technology] shall be recorded
711	716		on videotape or by other electronic means. The recording is
712	717		sufficient to serve as a permanent record of the proceeding
713	718		[hearing].
714		-	SECTION 25. Section 41.302, Government Code, is amended to
715		-	read as follows:
716		-	Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.
717		-	The special prosecution unit is an independent unit that:
718		-	(1) cooperates with and supports prosecuting
719		-	attorneys in prosecuting offenses and delinquent conduct described
720		-	by Article 104.003(a), Code of Criminal Procedure; and
721		-	(2) prosecutes offenses described by Section 41.311.
722		-	SECTION 26. Subchapter E, Chapter 41, Government Code, is
723		-	amended by adding Section 41.311 to read as follows:
724		-	Sec. 41.311. PROSECUTION OF CERTAIN OFFENSES. A
725		-	prosecuting attorney serving on the unit has the same authority to
726		-	represent this state in the prosecution of a criminal offense
727		-	committed by a person civilly committed as a sexually violent
728		-	predator under Chapter 841, Health and Safety Code, including an
729		-	offense under Section 841.085, Health and Safety Code, as is
730		-	conferred on a county attorney, district attorney, or criminal
731		-	district attorney of a court with jurisdiction of the offense.
732		-	SECTION 27. Section 411.1389, Government Code, is amended
	719	+	SECTION 25. Section 411.1389, Government Code, is amended
733	720		by adding Subsection (d) to read as follows:
734	721		(d) The Texas Civil Commitment Office is entitled to obtain
735	722		from the department criminal history record information that is
736	723		maintained by the department and that relates to a person who:
737	724		(1) is civilly committed as a sexually violent
738	725		predator under Chapter 841, Health and Safety Code; or
739	726		(2) was previously civilly committed as a sexually
740	727		violent predator under Chapter 841, Health and Safety Code, and
741	728		subsequently released by a court order.
742		-	SECTION 28. Section 420A.013(a), Government Code, is
	729	+	SECTION 26. Section 420A.013(a), Government Code, is
743	730		amended to read as follows:
744	731		(a) The office may adopt and implement policies that
745	732		encourage family unity during a civilly committed sex offender's
746	733		commitment. In adopting the policies, the office may consider the
747	734		impact of a telephone, mail, and [in-person] visitation policy on a
748	735		family member's ability to provide support to the offender through
749	736		ongoing, appropriate contact with the offender while the offender
750	737		participates in the treatment and supervision program.
751		-	SECTION 29. Section 2155.144, Government Code, is amended
752		-	by amending Subsection (b-1) and adding Subsection (b-3) to read as
753		-	follows:
	738	+	SECTION 27. Section 2155.144(b-1), Government Code, is
	739	+	amended to read as follows:
754	740		(b-1) An agency to which this section applies, other than
755	741		the Texas Civil Commitment Office, is not delegated the authority
756	742		to procure common commodities or services:
757	743		(1) including goods and services acquired for direct
758	744		consumption or use by the agency in the day-to-day support of the
759	745		agency's administrative operations, such as office supplies and
760	746		equipment, building maintenance and cleaning services, or
761	747		temporary employment services; and
762	748		(2) not including consulting services, professional
763	749		services, health care services, information resources technology,
764	750		goods or services acquired for the benefit or on behalf of clients
765	751		of programs operated by the agency, procurements specifically
766	752		authorized or delegated to the agency by statute, or the
767	753		contracting out of agency purchasing functions or other
768	754		administrative or program functions.
769		-	(b-3) Notwithstanding any other law, the Texas Civil
770		-	Commitment Office is delegated the authority to procure common
771		-	commodities or services described by Subsection (b-1) for office
772		-	use if the total cost of the purchase is less than the total cost of
773		-	the purchase under the comptroller's purchasing authority or as
774		-	offered for sale as provided by Chapter 122, Human Resources Code.
775		-	The Texas Civil Commitment Office, in collaboration with the
776		-	comptroller, shall identify best practices for comparing the total
777		-	costs and documenting cost savings.
778		-	SECTION 30. Section 841.003(b), Health and Safety Code, is
	755	+	SECTION 28. Section 841.003(b), Health and Safety Code, is
779	756		amended to read as follows:
780	757		(b) A person is a repeat sexually violent offender for the
781	758		purposes of this chapter if the person is convicted of more than one
782	759		sexually violent offense and a sentence is imposed for at least one
783	760		of the offenses, or if the person is convicted of an offense under
784	761		Section 21.02, Penal Code, and a sentence is imposed for the
785	762		offense, or if:
786	763		(1) the person:
787	764		(A) is convicted of a sexually violent offense,
788	765		regardless of whether the sentence for the offense was ever imposed
789	766		or whether the sentence was probated and the person was
790	767		subsequently discharged from community supervision;
791	768		(B) enters a plea of guilty or nolo contendere
792	769		for a sexually violent offense in return for a grant of deferred
793	770		adjudication; or
794	771		(C) is adjudicated by a juvenile court as having
795	772		engaged in delinquent conduct constituting a sexually violent
796	773		offense and is committed to the Texas Juvenile Justice Department
797	774		under Section 54.04(d)(3) or (m), Family Code; and
798	775		(2) after the date on which under Subdivision (1) the
799	776		person is convicted, receives a grant of deferred adjudication, or
800	777		is adjudicated by a juvenile court as having engaged in delinquent
801	778		conduct, the person commits a sexually violent offense for which
802	779		the person is convicted, but only if the sentence for the offense is
803	780		imposed.
804		-	SECTION 31. Section 841.021(d), Health and Safety Code, is
	781	+	SECTION 29. Section 841.021(d), Health and Safety Code, is
805	782		amended to read as follows:
806	783		(d) The Texas Department of Criminal Justice may not provide
807	784		notice under Subsection (a) of the anticipated release of a person
808	785		for whom the department has previously provided notice under this
809	786		section and who has been previously recommended for an assessment
810	787		under Section 841.022 unless, after the recommendation for
811	788		assessment was made:
812	789		(1) the person is convicted of a new sexually violent
813	790		offense; or
814	791		(2) the person's parole or mandatory supervision is
815	792		revoked based on:
816	793		(A) the commission of a new sexually violent
817	794		offense;
818	795		(B) failure to adhere to the requirements of sex
819	796		offender treatment or [and] supervision; or
820	797		(C) failure to register as a sex offender.
821		-	SECTION 32. Section 841.022, Health and Safety Code, is
	798	+	SECTION 30. Section 841.022, Health and Safety Code, is
822	799		amended by adding Subsection (d) to read as follows:
823	800		(d) Records of the multidisciplinary team are confidential
824	801		and not subject to disclosure under Chapter 552, Government Code.
825		-	SECTION 33. Section 841.083(d), Health and Safety Code, is
	802	+	SECTION 31. Section 841.083(d), Health and Safety Code, is
826	803		amended to read as follows:
827	804		(d) The office shall enter into appropriate contracts for
828	805		the provision of any necessary supervised housing and other related
829	806		services and may enter into appropriate contracts for medical and
830	807		mental health services and sex offender treatment. The term of a
831	808		contract under this subsection may not exceed 10 years. The
832	809		contract may provide for an unlimited number of renewals each for an
833	810		additional term not to exceed 10 years. This subsection prevails to
834	811		the extent of a conflict between this subsection and any other law.
835		-	SECTION 34. Section 841.0835, Health and Safety Code, is
	812	+	SECTION 32. Section 841.0835, Health and Safety Code, is
836	813		amended by adding Subsection (d) to read as follows:
837	814		(d) The committing court shall order the payment of
838	815		reasonable compensation to persons performing a duty or providing a
839	816		service under this section. The compensation paid shall be assessed
840	817		as court costs. The Health and Human Services Commission shall pay
841	818		all court costs associated with this subsection.
842		-	SECTION 35. Section 841.084, Health and Safety Code, is
	819	+	SECTION 33. Section 841.084, Health and Safety Code, is
843	820		amended by adding Subsections (a-1) and (a-2) to read as follows:
844	821		(a-1) A civilly committed sex offender, whether indigent or
845	822		not, is responsible for the cost of:
846	823		(1) repairs to or replacement of property belonging to
847	824		this state, a contractor of this state or the agent of the
848	825		contractor, the civil commitment facility, or another civilly
849	826		committed sex offender, if the offender intentionally, knowingly,
850	827		recklessly, or negligently caused damage to or the loss of the
851	828		property; and
852	829		(2) any expenses for medical care provided to the
853	830		civilly committed sex offender or any other person, if the offender
854	831		intentionally, knowingly, recklessly, or negligently acted in a
855	832		manner that caused the injury for which medical care was provided.
856	833		(a-2) A civilly committed sex offender shall pay to the
857	834		office, at the office's direction, any amount for which the
858	835		offender is responsible under Subsection (a-1), as determined by
859	836		the office.
860		-	SECTION 36. Section 841.147, Health and Safety Code, is
	837	+	SECTION 34. Section 841.147, Health and Safety Code, is
861	838		amended to read as follows:
862	839		Sec. 841.147. IMMUNITY. (a) The following persons are
863	840		immune from liability for good faith conduct under this chapter:
864	841		(1) an employee or officer of the Texas Department of
865	842		Criminal Justice or the office;
866	843		(2) a member of the multidisciplinary team established
867	844		under Section 841.022;
868	845		(3) the applicable attorney representing the state and
869	846		an employee of the attorney; and
870	847		(4) a person providing, or contracting, appointed, or
871	848		volunteering to perform, a [tracking service or another] service
872	849		under this chapter, at the request of the office.
873	850		(b) A court shall immediately dismiss any action asserting a
874	851		claim against a person described by Subsection (a) that arose from
875	852		the person's good faith conduct.
876	853		(c) This section does not affect a defense, immunity, or
877	854		jurisdictional bar available to a person described by Subsection
878	855		(a).
879		-	SECTION 37. Subchapter H, Chapter 841, Health and Safety
	856	+	SECTION 35. Subchapter H, Chapter 841, Health and Safety
880	857		Code, is amended by adding Sections 841.148 and 841.149 to read as
881	858		follows:
882		-	Sec. 841.148. ATTORNEY GENERAL REPRESENTATION. (a) The
883		-	attorney general shall defend any person described by Section
884		-	841.147(a)(4) in an action if:
885		-	(1) the office requests that the attorney general
886		-	defend the person; and
887		-	(2) the action arises from a service performed under
888		-	this chapter at the request of the office.
889		-	(b) The office or the person is not responsible for and may
890		-	not pay any costs associated with the assistance.
	859	+	Sec. 841.148. ATTORNEY GENERAL REPRESENTATION. The office
	860	+	may request, on behalf of any person described by Section
	861	+	841.147(a)(4), the assistance of the attorney general on any legal
	862	+	matter associated with a service performed under this chapter at
	863	+	the request of the office. The office or the person is not
	864	+	responsible for and may not pay any costs associated with the
	865	+	assistance.
891	866		Sec. 841.149. RECOVERY OF COURT COSTS AND ATTORNEY'S FEES.
892	867		(a) In an action against a person described by Section
893		-	841.147(a)(4), the court shall award to the person court costs and
894		-	attorney's fees incurred in the action if the person is found immune
895		-	under that section and the person is not represented by the attorney
896		-	general.
897		-	(b) In an action against a person described by Section
898		-	841.147(a)(4) who is represented by the attorney general, the court
899		-	shall award to the attorney general court costs and attorney's fees
900		-	incurred in the action if the person is found immune under that
901		-	section.
902		-	SECTION 38. Sections 14A.001(1) and 14A.054(f), Civil
	868	+	841.147(a)(4), the person is entitled to recover court costs and
	869	+	attorney's fees incurred in the action from the claimant if the
	870	+	person is found immune under that section.
	871	+	(b) A person may recover court costs and attorney's fees
	872	+	under Subsection (a) regardless of whether the person requests the
	873	+	assistance of the attorney general under Section 841.148.
	874	+	SECTION 36. Sections 14A.001(1) and 14A.054(f), Civil
903	875		Practice and Remedies Code, as added by Chapter 203 (S.B. 1180),
904	876		Acts of the 88th Legislature, Regular Session, 2023, are repealed.
905		-	SECTION 39. The changes in law made by this Act in amending
	877	+	SECTION 37. The changes in law made by this Act in amending
906	878		Sections 12.42, 21.08, 22.01, 22.012, 22.02, 22.11, 36.06, and
907	879		38.11, Penal Code, and in amending Article 42.08, Code of Criminal
908	880		Procedure, apply only to an offense committed on or after the
909	881		effective date of this Act. An offense committed before the
910	882		effective date of this Act is governed by the law in effect on the
911	883		date the offense was committed, and the former law is continued in
912	884		effect for that purpose. For purposes of this section, an offense
913	885		was committed before the effective date of this Act if any element
914	886		of the offense was committed before that date.
915		-	SECTION 40. The changes in law made by this Act to Articles
	887	+	SECTION 38. The changes in law made by this Act to Articles
916	888		14.03, 14.06, and 15.17, Code of Criminal Procedure, and to Chapter
917	889		17, Code of Criminal Procedure, apply only to a person who is
918	890		arrested on or after the effective date of this Act. A person
919	891		arrested before the effective date of this Act is governed by the
920	892		law in effect on the date the person was arrested, and the former
921	893		law is continued in effect for that purpose.
922		-	SECTION 41. The changes in law made by this Act to Chapter
	894	+	SECTION 39. The changes in law made by this Act to Chapter
923	895		62, Code of Criminal Procedure, apply to any person who, on or after
924	896		the effective date of this Act, is required to register under that
925	897		chapter, regardless of whether the offense or conduct for which the
926	898		person is required to register occurs before, on, or after the
927	899		effective date of this Act.
928		-	SECTION 42. As soon as practicable after the effective date
	900	+	SECTION 40. As soon as practicable after the effective date
929	901		of this Act, the Department of Public Safety of the State of Texas
930	902		shall input information in the computerized criminal history system
931	903		as required by Article 66.102(j), Code of Criminal Procedure, as
932	904		added by this Act, for any person who was civilly committed under
933	905		Chapter 841, Health and Safety Code, before the effective date of
934	906		this Act.
935		-	SECTION 43. (a) Except as otherwise provided by this
	907	+	SECTION 41. (a) Except as otherwise provided by this
936	908		section, the changes in law made by this Act to Chapter 841, Health
937	909		and Safety Code, apply to a civil commitment proceeding under that
938	910		chapter that is initiated on or after the effective date of this
939	911		Act, regardless of when the applicable petition for civil
940	912		commitment was filed.
941	913		(b) Section 841.147, Health and Safety Code, as amended by
942	914		this Act, and Sections 841.148 and 841.149, Health and Safety Code,
943	915		as added by this Act, apply only to an action filed on or after the
944	916		effective date of this Act. An action filed before the effective
945	917		date of this Act is governed by the law in effect immediately before
946	918		the effective date of this Act, and that law is continued in effect
947	919		for that purpose.
948		-	SECTION 44. To the extent of any conflict, this Act prevails
	920	+	SECTION 42. To the extent of any conflict, this Act prevails
949	921		over another Act of the 89th Legislature, Regular Session, 2025,
950	922		relating to nonsubstantive additions to and corrections in enacted
951	923		codes.
952		-	SECTION 45. This Act takes effect September 1, 2025.
	924	+	SECTION 43. This Act takes effect September 1, 2025.
	925	+	* * * * *