Texas 2025 - 89th Regular

Texas Senate Bill SB741 Compare Versions

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

Old	New	Differences
1	1	89R4474 AJZ-F
2	2	By: Huffman S.B. No. 741
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to human trafficking, prostitution, and child pornography
10	10	and to the prosecution of sexual or assaultive offenses or the
11	11	prosecution of a failure to stop or report those offenses; amending
12	12	and harmonizing certain statute of limitations provisions;
13	13	creating a criminal offense; increasing a criminal penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. HUMAN TRAFFICKING
16	16	SECTION 1.01. Section 402.034(c), Government Code, is
17	17	amended to read as follows:
18	18	(c) The council is composed of the following:
19	19	(1) the governor or the governor's designee;
20	20	(2) the attorney general or the attorney general's
21	21	designee;
22	22	(3) the commissioner of the Department of Family and
23	23	Protective Services or the commissioner's designee;
24	24	(4) the public safety director of the Department of
25	25	Public Safety or the director's designee;
26	26	(5) one representative from each of the following
27	27	state agencies, appointed by the chief administrative officer of
28	28	the respective agency:
29	29	(A) the Texas Workforce Commission;
30	30	(B) the Texas Alcoholic Beverage Commission;
31	31	(C) the Parks and Wildlife Department;
32	32	(D) the Texas Department of Licensing and
33	33	Regulation;
34	34	(E) the Texas Education Agency; [and]
35	35	(F) the Texas Department of Transportation; and
36	36	(G) the Office of Court Administration of the
37	37	Texas Judicial System; and
38	38	(6) one representative of any other state agency
39	39	appointed by the chief administrative officer of the agency, if the
40	40	council determines that a representative from the state agency is a
41	41	necessary member of the council.
42	42	SECTION 1.02. Section 402.0351(a), Government Code, is
43	43	amended by amending Subdivision (1) and adding Subdivision (1-a) to
44	44	read as follows:
45	45	(1) "Body piercing studio" has the meaning assigned by
46	46	Section 146.001, Health and Safety Code.
47	47	(1-a) "Cosmetology facility" means a person who holds
48	48	a license to operate a facility or school under Chapter 1603 [1602],
49	49	Occupations Code, where cosmetology is practiced.
50	50	SECTION 1.03. Section 402.0351(a-1), Government Code, is
51	51	amended to read as follows:
52	52	(a-1) Except as provided by Subsection (a-3), a person who
53	53	operates any of the following entities shall post at the entity the
54	54	sign prescribed under Subsection (b), or, if applicable, a similar
55	55	sign or notice as prescribed by other state law:
56	56	(1) an entity permitted or licensed under Chapter 25,
57	57	26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity
58	58	holding a food and beverage certificate;
59	59	(2) a cosmetology facility;
60	60	(3) a hospital;
61	61	(4) a massage establishment;
62	62	(5) a massage school;
63	63	(6) a sexually oriented business;
64	64	(7) a tattoo studio; [or]
65	65	(8) a transportation hub; or
66	66	(9) a body piercing studio.
67	67	SECTION 1.04. Chapter 146, Health and Safety Code, is
68	68	amended by adding Section 146.0075 to read as follows:
69	69	Sec. 146.0075. REQUIRED HUMAN TRAFFICKING TRAINING. (a)
70	70	Each employee of a tattoo studio or body piercing studio within the
71	71	time prescribed by rules adopted by the executive commissioner
72	72	shall complete a training course approved by the executive
73	73	commissioner on identifying and assisting victims of human
74	74	trafficking.
75	75	(b) The executive commissioner shall approve training
76	76	courses on human trafficking prevention, including at least one
77	77	course that is available without charge. The department shall post
78	78	the list of the approved training courses on the department's
79	79	Internet website.
80	80	(c) A tattoo studio or body piercing studio shall post signs
81	81	relating to human trafficking as required by Section 402.0351,
82	82	Government Code.
83	83	SECTION 1.05. Subchapter G, Chapter 1603, Occupations Code,
84	84	is amended by adding Section 1603.302 to read as follows:
85	85	Sec. 1603.302. CONTINUING EDUCATION REGARDING HUMAN
86	86	TRAFFICKING. The commission shall adopt rules requiring a license
87	87	holder to complete continuing education on identifying and
88	88	assisting victims of human trafficking.
89	89	SECTION 1.06. Section 20A.02(a), Penal Code, is amended to
90	90	read as follows:
91	91	(a) A person commits an offense if the person knowingly:
92	92	(1) traffics another person with the intent that the
93	93	trafficked person engage in forced labor or services;
94	94	(2) receives a benefit from participating in a venture
95	95	that involves an activity described by Subdivision (1), including
96	96	by receiving labor or services the person knows are forced labor or
97	97	services;
98	98	(3) traffics another person and, through force, fraud,
99	99	or coercion, causes the trafficked person to engage in conduct
100	100	prohibited by:
101	101	(A) Section 43.02 (Prostitution);
102	102	(B) Section 43.03 (Promotion of Prostitution);
103	103	(B-1) Section 43.031 (Online Promotion of
104	104	Prostitution);
105	105	(C) Section 43.04 (Aggravated Promotion of
106	106	Prostitution);
107	107	(C-1) Section 43.041 (Aggravated Online
108	108	Promotion of Prostitution); or
109	109	(D) Section 43.05 (Compelling Prostitution);
110	110	(4) receives a benefit from participating in a venture
111	111	that involves an activity described by Subdivision (3) or engages
112	112	in sexual conduct with a person trafficked in the manner described
113	113	in Subdivision (3);
114	114	(5) traffics a child or disabled individual with the
115	115	intent that the trafficked child or disabled individual engage in
116	116	forced labor or services, regardless of whether the person knows
117	117	the age of the child or whether the person knows the victim is
118	118	disabled;
119	119	(6) receives a benefit from participating in a venture
120	120	that involves an activity described by Subdivision (5), including
121	121	by receiving labor or services the person knows are forced labor or
122	122	services, regardless of whether the person knows the age of the
123	123	child or whether the person knows the victim is disabled;
124	124	(7) traffics a child or disabled individual,
125	125	regardless of whether the person knows the age of the child or
126	126	whether the person knows the victim is disabled, and by any means
127	127	causes the trafficked child or disabled individual to engage in, or
128	128	become the victim of, conduct prohibited by:
129	129	(A) Section 21.02 (Continuous Sexual Abuse of
130	130	Young Child or Disabled Individual);
131	131	(B) Section 21.11 (Indecency with a Child);
132	132	(C) Section 22.011 (Sexual Assault);
133	133	(D) Section 22.021 (Aggravated Sexual Assault);
134	134	(E) Section 43.02 (Prostitution);
135	135	(E-1) Section 43.021 (Solicitation of
136	136	Prostitution);
137	137	(F) Section 43.03 (Promotion of Prostitution);
138	138	(F-1) Section 43.031 (Online Promotion of
139	139	Prostitution);
140	140	(G) Section 43.04 (Aggravated Promotion of
141	141	Prostitution);
142	142	(G-1) Section 43.041 (Aggravated Online
143	143	Promotion of Prostitution);
144	144	(H) Section 43.05 (Compelling Prostitution);
145	145	(I) Section 43.25 (Sexual Performance by a
146	146	Child);
147	147	(J) Section 43.251 (Employment Harmful to
148	148	Children); or
149	149	(K) Section 43.26 (Possession or Promotion of
150	150	Child Pornography); or
151	151	(8) receives a benefit from participating in a venture
152	152	that involves an activity described by Subdivision (7) or engages
153	153	in sexual conduct with a child or disabled individual trafficked in
154	154	the manner described in Subdivision (7), regardless of whether the
155	155	person knows the age of the child or whether the person knows the
156	156	victim is disabled.
157	157	SECTION 1.07. Section 20A.02(b), Penal Code, as amended by
158	158	Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th
159	159	Legislature, Regular Session, 2023, is reenacted and amended to
160	160	read as follows:
161	161	(b) Except as otherwise provided by this subsection and
162	162	Subsection (b-1), an offense under this section is a felony of the
163	163	second degree. An offense under this section is a felony of the
164	164	first degree if:
165	165	(1) the applicable conduct constitutes an offense
166	166	under Subsection (a)(5), (6), (7), or (8)[, regardless of whether
167	167	the actor knows the age of the child or whether the actor knows the
168	168	victim is disabled at the time of the offense];
169	169	(2) the commission of the offense results in serious
170	170	bodily injury to or the death of the person who is trafficked; [or]
171	171	(3) the commission of the offense results in the death
172	172	of an unborn child of the person who is trafficked; or
173	173	(4) the actor:
174	174	(A) used or exhibited a deadly weapon during the
175	175	commission of the offense; or
176	176	(B) intentionally, knowingly, or recklessly
177	177	impeded the normal breathing or circulation of the blood of the
178	178	trafficked person by applying pressure to the person's throat or
179	179	neck or by blocking the person's nose or mouth.
180	180	SECTION 1.08. Section 20A.02(b-1), Penal Code, as amended
181	181	by Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th
182	182	Legislature, Regular Session, 2023, is reenacted and amended to
183	183	read as follows:
184	184	(b-1) An offense under this section is a felony of the first
185	185	degree punishable by imprisonment in the Texas Department of
186	186	Criminal Justice for life or for a term of not more than 99 years or
187	187	less than 25 years if it is shown on the trial of the offense that
188	188	the actor committed the offense in a location that was:
189	189	(1) on the premises of or within 1,000 feet of the
190	190	premises of:
191	191	(A) a school; [or]
192	192	(B) an institution of higher education or private
193	193	or independent institution of higher education, as defined by
194	194	Section 61.003, Education Code; [or]
195	195	(C) a juvenile detention facility;
196	196	(D) [(C)] a post-adjudication secure
197	197	correctional facility;
198	198	(E) [(D)] a shelter or facility operating as a
199	199	residential treatment center that serves runaway youth, foster
200	200	children, people who are homeless, or persons subjected to human
201	201	trafficking, domestic violence, or sexual assault;
202	202	(F) [(E)] a community center offering youth
203	203	services and programs; or
204	204	(G) [(F)] a child-care facility, as defined by
205	205	Section 42.002, Human Resources Code; or
206	206	(2) on the premises where or within 1,000 feet of the
207	207	premises where:
208	208	(A) an official school function was taking place;
209	209	or
210	210	(B) an event sponsored or sanctioned by the
211	211	University Interscholastic League was taking place.
212	212	SECTION 1.09. The changes in law made by this article to
213	213	Chapter 20A, Penal Code, apply only to an offense committed on or
214	214	after September 1, 2025. An offense committed before September 1,
215	215	2025, is governed by the law in effect on the date the offense was
216	216	committed, and the former law is continued in effect for that
217	217	purpose. For purposes of this section, an offense was committed
218	218	before September 1, 2025, if any element of the offense occurred
219	219	before that date.
220	220	SECTION 1.10. As soon as practicable after September 1,
221	221	2025, the Office of Court Administration of the Texas Judicial
222	222	System shall appoint a representative as required by Section
223	223	402.034(c), Government Code, as amended by this article.
224	224	SECTION 1.11. As soon as practicable after September 1,
225	225	2025:
226	226	(1) the executive commissioner of the Health and Human
227	227	Services Commission shall:
228	228	(A) approve human trafficking prevention
229	229	training courses as provided by Section 146.0075(b), Health and
230	230	Safety Code, as added by this article; and
231	231	(B) adopt rules necessary to implement Section
232	232	146.0075, Health and Safety Code, as added by this article; and
233	233	(2) the Department of State Health Services shall post
234	234	on its Internet website the list of human trafficking prevention
235	235	courses approved by the executive commissioner of the Health and
236	236	Human Services Commission under Section 146.0075(b), Health and
237	237	Safety Code, as added by this article.
238	238	SECTION 1.12. As soon as practicable after September 1,
239	239	2025, the Texas Commission of Licensing and Regulation shall adopt
240	240	the rules required by Section 1603.302, Occupations Code, as added
241	241	by this article.
242	242	SECTION 1.13. An employee of a tattoo studio or body
243	243	piercing studio is not required to complete a training course as
244	244	required by Section 146.0075(a), Health and Safety Code, as added
245	245	by this article, before January 1, 2026.
246	246	ARTICLE 2. PROSTITUTION
247	247	SECTION 2.01. Section 43.021(b), Penal Code, is amended to
248	248	read as follows:
249	249	(b) An offense under Subsection (a) is a state jail felony,
250	250	except that the offense is:
251	251	(1) a felony of the third degree if the actor has
252	252	previously been convicted of an offense under Subsection (a) or
253	253	under Section 43.02(b), as that law existed before September 1,
254	254	2021; or
255	255	(2) a felony of the second degree if the person with
256	256	respect to whom the actor offers or agrees to engage [pay the fee
257	257	for the purpose of engaging] in sexual conduct is:
258	258	(A) younger than 18 years of age, regardless of
259	259	whether the actor knows the age of the person at the time of the
260	260	offense;
261	261	(B) represented to the actor as being younger
262	262	than 18 years of age; or
263	263	(C) believed by the actor to be younger than 18
264	264	years of age.
265	265	SECTION 2.02. Subchapter A, Chapter 43, Penal Code, is
266	266	amended by adding Section 43.032 to read as follows:
267	267	Sec. 43.032. CONTINUOUS PROMOTION OF PROSTITUTION. (a) A
268	268	person commits an offense if, during a period that is 30 or more
269	269	days in duration, the person engages two or more times in conduct
270	270	that constitutes an offense under Section 43.03.
271	271	(b) If a jury is the trier of fact, members of the jury are
272	272	not required to agree unanimously on which specific conduct engaged
273	273	in by the defendant constituted an offense under Section 43.03 or on
274	274	which exact date the defendant engaged in that conduct. The jury
275	275	must agree unanimously that the defendant, during a period that is
276	276	30 or more days in duration, engaged two or more times in conduct
277	277	that constituted an offense under Section 43.03.
278	278	(c) If the victim of an offense under Subsection (a) is the
279	279	same victim as a victim of an offense under Section 43.03, a
280	280	defendant may not be convicted of the offense under Section 43.03 in
281	281	the same criminal action as the offense under Subsection (a),
282	282	unless the offense under Section 43.03:
283	283	(1) is charged in the alternative;
284	284	(2) occurred outside the period in which the offense
285	285	alleged under Subsection (a) was committed; or
286	286	(3) is considered by the trier of fact to be a lesser
287	287	included offense of the offense alleged under Subsection (a).
288	288	(d) A defendant may not be charged with more than one count
289	289	under Subsection (a) if all of the conduct that constitutes an
290	290	offense under Section 43.03 is alleged to have been committed
291	291	against the same victim.
292	292	(e) An offense under this section is a felony of the first
293	293	degree.
294	294	SECTION 2.03. Article 17.081, Code of Criminal Procedure,
295	295	is amended to read as follows:
296	296	Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY
297	297	CERTAIN DEFENDANTS. In addition to the requirements of Article
298	298	17.08, a bail bond for a defendant charged with an offense under
299	299	Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.032, 43.04,
300	300	43.041, or 43.05, Penal Code, must include the address,
301	301	identification number, and state of issuance as shown on a valid
302	302	driver's license or identification card for the defendant and any
303	303	surety, including any agent executing the bail bond on behalf of a
304	304	corporation acting as surety.
305	305	SECTION 2.04. Article 17.465(b), Code of Criminal
306	306	Procedure, is amended to read as follows:
307	307	(b) A magistrate shall require as a condition of release on
308	308	bond that a defendant charged with an offense under Section 20A.02,
309	309	20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code,
310	310	committed against a person 18 years of age or older may not:
311	311	(1) communicate directly or indirectly with the
312	312	victim; or
313	313	(2) go to or near:
314	314	(A) the residence, place of employment, or
315	315	business of the victim; or
316	316	(B) if applicable, a school, day-care facility,
317	317	or similar facility where a dependent child of the victim is in
318	318	attendance.
319	319	SECTION 2.05. Article 42A.054(e), Code of Criminal
320	320	Procedure, is amended to read as follows:
321	321	(e) Notwithstanding Subsection (a), with respect to an
322	322	offense committed by a defendant under Section 43.04 or 43.05,
323	323	Penal Code, a judge may place the defendant on community
324	324	supervision as permitted by Article 42A.053 if the judge makes a
325	325	finding that the defendant committed the offense solely as a victim
326	326	of an offense under Section 20A.02, 20A.03, 43.03, 43.032, 43.04,
327	327	or 43.05, Penal Code.
328	328	SECTION 2.06. Article 56B.003(13), Code of Criminal
329	329	Procedure, is amended to read as follows:
330	330	(13) "Trafficking of persons" means any offense that
331	331	results in a person engaging in forced labor or services, including
332	332	sexual conduct, and that may be prosecuted under Section 20A.02,
333	333	20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,
334	334	or 43.26, Penal Code.
335	335	SECTION 2.07. Article 58.051(11), Code of Criminal
336	336	Procedure, is amended to read as follows:
337	337	(11) "Trafficking of persons" means any conduct that:
338	338	(A) constitutes an offense under Section 20A.02,
339	339	20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,
340	340	or 43.26, Penal Code; and
341	341	(B) results in a person:
342	342	(i) engaging in forced labor or services;
343	343	or
344	344	(ii) otherwise becoming a victim of the
345	345	offense.
346	346	SECTION 2.08. Section 169.002(b), Health and Safety Code,
347	347	is amended to read as follows:
348	348	(b) A defendant is eligible to participate in a first
349	349	offender solicitation of prostitution prevention program
350	350	established under this chapter only if:
351	351	(1) the attorney representing the state consents to
352	352	the defendant's participation in the program; and
353	353	(2) the court in which the criminal case is pending
354	354	finds that the defendant has not been previously convicted of:
355	355	(A) an offense under Section 20A.02, 43.02(b), as
356	356	that law existed before September 1, 2021, 43.021, 43.03, 43.031,
357	357	43.032, 43.04, 43.041, or 43.05, Penal Code;
358	358	(B) an offense listed in Article 42A.054(a), Code
359	359	of Criminal Procedure; or
360	360	(C) an offense punishable as a felony under
361	361	Chapter 481.
362	362	SECTION 2.09. Section 455.005(c), Occupations Code, is
363	363	amended to read as follows:
364	364	(c) A political subdivision may not adopt a regulation of
365	365	the type described by Subsection (b) that is more restrictive for
366	366	massage establishments than for other health care establishments,
367	367	except that a more restrictive regulation of the type described by
368	368	Subsection (b) may be adopted:
369	369	(1) as provided by Chapter 243, Local Government Code;
370	370	or
371	371	(2) if the regulation relates to the location,
372	372	ownership, hours of operation, or operation of a massage
373	373	establishment:
374	374	(A) where three or more arrests have occurred or
375	375	citations in lieu of arrest have been issued for an offense under
376	376	Section 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal
377	377	Code, that was committed at the massage establishment;
378	378	(B) where an offense under Chapter 20A, or
379	379	Section 34.02, 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or
380	380	71.02, Penal Code, was committed that resulted in a conviction;
381	381	(C) that is operating at a location where another
382	382	massage establishment against which a sanction was imposed for a
383	383	violation of this chapter previously operated; or
384	384	(D) that is operating at a location where another
385	385	massage establishment owned or operated by an individual against
386	386	whom a sanction was imposed for a violation of this chapter
387	387	previously operated.
388	388	SECTION 2.10. Section 455.152, Occupations Code, as amended
389	389	by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th
390	390	Legislature, Regular Session, 2023, is reenacted and amended to
391	391	read as follows:
392	392	Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
393	393	eligible for a license as a massage establishment, massage school,
394	394	massage therapist, or massage therapy instructor if the person is
395	395	an individual and has been convicted of, entered a plea of nolo
396	396	contendere or guilty to, or received deferred adjudication for:
397	397	(1) an offense under Chapter 20A, Penal Code [Section
398	398	22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031,
399	399	43.032, 43.04, 43.041, or 43.05, Penal Code; [or]
400	400	(2) an offense under federal law or the laws of another
401	401	state containing elements that are substantially similar to the
402	402	elements of an offense described by Subdivision (1); or
403	403	(3) an offense under Section 22.011 or 22.021, Penal
404	404	Code.
405	405	SECTION 2.11. Section 455.251(b), Occupations Code, is
406	406	amended to read as follows:
407	407	(b) The commission or executive director shall revoke the
408	408	license of a person licensed as a massage therapist or massage
409	409	therapy instructor if:
410	410	(1) the person is convicted of, enters a plea of nolo
411	411	contendere or guilty to, or receives deferred adjudication for:
412	412	(A) an offense under Chapter 20A, Penal Code, or
413	413	Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05,
414	414	Penal Code; or
415	415	(B) an offense under federal law or the laws of
416	416	another state containing elements that are substantially similar to
417	417	the elements of an offense described by Paragraph (A); or
418	418	(2) the commission or executive director determines
419	419	the person has practiced or administered massage therapy at or for a
420	420	sexually oriented business.
421	421	SECTION 2.12. The change in law made by this article to
422	422	Section 43.021(b), Penal Code, applies only to an offense committed
423	423	on or after September 1, 2025. An offense committed before
424	424	September 1, 2025, is governed by the law in effect on the date the
425	425	offense was committed, and the former law is continued in effect for
426	426	that purpose. For purposes of this section, an offense was
427	427	committed before September 1, 2025, if any element of the offense
428	428	occurred before that date.
429	429	ARTICLE 3. CHILD PORNOGRAPHY
430	430	SECTION 3.01. Section 43.26(d), Penal Code, as amended by
431	431	Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th
432	432	Legislature, Regular Session, 2023, is reenacted and amended to
433	433	read as follows:
434	434	(d) An offense under Subsection (a) is:
435	435	(1) a felony of the third degree if the person
436	436	possesses visual material that contains fewer than 10 [100] visual
437	437	depictions of a child as described by Subsection (a)(1);
438	438	(2) a felony of the second degree if the person
439	439	possesses visual material that contains 10 [100] or more visual
440	440	depictions of a child as described by Subsection (a)(1) but fewer
441	441	than 50 [500] such depictions;
442	442	(3) a felony of the first degree if the person:
443	443	(A) possesses visual material that contains 50
444	444	[500] or more visual depictions of a child as described by
445	445	Subsection (a)(1); or
446	446	(B) possesses visual material of conduct
447	447	constituting an offense under Section 22.011(a)(2); or
448	448	(4) a felony of the first degree punishable by
449	449	imprisonment in the Texas Department of Criminal Justice for life
450	450	or for any term of not more than 99 years or less than 25 years if it
451	451	is shown on the trial of the offense that, at the time of the
452	452	offense, the person was:
453	453	(A) an employee at a child-care facility or a
454	454	residential child-care facility, as those terms are defined by
455	455	Section 42.002, Human Resources Code;
456	456	(B) an employee at a residential treatment
457	457	facility established under Section 221.056, Human Resources Code;
458	458	(C) an employee at a shelter or facility that
459	459	serves youth and that receives state funds; or
460	460	(D) receiving state funds for the care of a child
461	461	depicted by the visual material.
462	462	SECTION 3.02. Section 43.26(g), Penal Code, is amended to
463	463	read as follows:
464	464	(g) An offense under Subsection (e) is a felony of the first
465	465	[second] degree, except that the offense is a felony of the first
466	466	degree with a minimum term of confinement of 15 years if:
467	467	(1) the person promotes or possesses with intent to
468	468	promote:
469	469	(A) visual material that contains 50 or more
470	470	visual depictions of a child as described by Subsection (a)(1); or
471	471	(B) visual material of conduct constituting an
472	472	offense under Section 22.011(a)(2); and
473	473	(2) it is shown on the trial of the offense that the
474	474	person has been previously convicted of an offense under this
475	475	section [that subsection].
476	476	SECTION 3.03. The following provisions of the Penal Code
477	477	are repealed:
478	478	(1) Section 43.26(d-1), as added by Chapter 93 (S.B.
479	479	1527), Acts of the 88th Legislature, Regular Session, 2023; and
480	480	(2) Section 43.26(d-2).
481	481	SECTION 3.04. The changes in law made by this article to
482	482	Section 43.26, Penal Code, apply only to an offense committed on or
483	483	after September 1, 2025. An offense committed before September 1,
484	484	2025, is governed by the law in effect on the date the offense was
485	485	committed, and the former law is continued in effect for that
486	486	purpose. For purposes of this section, an offense was committed
487	487	before September 1, 2025, if any element of the offense was
488	488	committed before that date.
489	489	ARTICLE 4. PROSECUTION OF SEXUAL OR ASSAULTIVE OFFENSES OR
490	490	PROSECUTION OF FAILURE TO STOP OR REPORT THOSE OFFENSES
491	491	SECTION 4.01. Article 12.01, Code of Criminal Procedure, as
492	492	amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
493	493	422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
494	494	709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
495	495	and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
496	496	2023, is reenacted and amended to read as follows:
497	497	Art. 12.01. FELONIES. Except as provided in Articles
498	498	12.015 and 12.03, felony indictments may be presented within these
499	499	limits, and not afterward:
500	500	(1) no limitation:
501	501	(A) murder and manslaughter;
502	502	(B) sexual assault under Section 22.011(a)(2),
503	503	Penal Code, or aggravated sexual assault under Section
504	504	22.021(a)(1)(B), Penal Code;
505	505	(C) sexual assault, if:
506	506	(i) during the investigation of the offense
507	507	biological matter is collected and the matter:
508	508	(a) has not yet been subjected to
509	509	forensic DNA testing; or
510	510	(b) has been subjected to forensic DNA
511	511	testing and the testing results show that the matter does not match
512	512	the victim or any other person whose identity is readily
513	513	ascertained; or
514	514	(ii) probable cause exists to believe that
515	515	the defendant has committed the same or a similar sex offense
516	516	against five or more victims;
517	517	(D) continuous sexual abuse of young child or
518	518	disabled individual under Section 21.02, Penal Code;
519	519	(E) indecency with a child under Section 21.11,
520	520	Penal Code;
521	521	(F) an offense involving leaving the scene of a
522	522	collision under Section 550.021, Transportation Code, if the
523	523	collision resulted in the death of a person;
524	524	(G) trafficking of persons under Section
525	525	20A.02(a)(7) or (8), Penal Code;
526	526	(H) continuous trafficking of persons under
527	527	Section 20A.03, Penal Code;
528	528	(I) compelling prostitution under Section
529	529	43.05(a)(2) or (3), Penal Code; [or]
530	530	(J) tampering with physical evidence under
531	531	Section 37.09(a)(1) or (d)(1), Penal Code, if:
532	532	(i) the evidence tampered with is a human
533	533	corpse, as defined by that section; or
534	534	(ii) the investigation of the offense shows
535	535	that a reasonable person in the position of the defendant at the
536	536	time of the commission of the offense would have cause to believe
537	537	that the evidence tampered with is related to a criminal homicide
538	538	under Chapter 19, Penal Code;
539	539	(K) [(J)] interference with child custody under
540	540	Section 25.03(a)(3), Penal Code;
541	541	(L) [(J)] burglary under Section 30.02, Penal
542	542	Code, if:
543	543	(i) the offense is punishable under
544	544	Subsection (d) of that section because the defendant entered a
545	545	habitation with the intent to commit an offense under Section
546	546	22.011 or 22.021, Penal Code; and
547	547	(ii) during the investigation of the
548	548	offense biological matter is collected and the matter:
549	549	(a) has not yet been subjected to
550	550	forensic DNA testing; or
551	551	(b) has been subjected to forensic DNA
552	552	testing and the testing results show that the matter does not match
553	553	the victim or any other person whose identity is readily
554	554	ascertained;
555	555	(M) failure to stop or report sexual or
556	556	assaultive offense against child under Section 38.17, Penal Code;
557	557	or
558	558	(N) continuous promotion of prostitution under
559	559	Section 43.032, Penal Code;
560	560	(2) ten years from the date of the commission of the
561	561	offense:
562	562	(A) theft of any estate, real, personal or mixed,
563	563	by an executor, administrator, guardian or trustee, with intent to
564	564	defraud any creditor, heir, legatee, ward, distributee,
565	565	beneficiary or settlor of a trust interested in such estate;
566	566	(B) theft by a public servant of government
567	567	property over which the public servant exercises control in the
568	568	public servant's official capacity;
569	569	(C) forgery or the uttering, using, or passing of
570	570	forged instruments;
571	571	(D) injury to an elderly or disabled individual
572	572	punishable as a felony of the first degree under Section 22.04,
573	573	Penal Code;
574	574	(E) sexual assault, except as provided by
575	575	Subdivision (1) or (9) [(8)];
576	576	(F) arson;
577	577	(G) trafficking of persons under Section
578	578	20A.02(a)(1), (2), (3), or (4), Penal Code; or
579	579	(H) compelling prostitution under Section
580	580	43.05(a)(1), Penal Code;
581	581	(3) seven years from the date of the commission of the
582	582	offense:
583	583	(A) misapplication of fiduciary property or
584	584	property of a financial institution;
585	585	(B) fraudulent securing of document execution;
586	586	(C) a felony violation under Chapter 162, Tax
587	587	Code;
588	588	(D) false statement to obtain property or credit
589	589	under Section 32.32, Penal Code;
590	590	(E) money laundering;
591	591	(F) credit card or debit card abuse under Section
592	592	32.31, Penal Code;
593	593	(G) fraudulent use or possession of identifying
594	594	information under Section 32.51, Penal Code;
595	595	(H) exploitation of a child, elderly individual,
596	596	or disabled individual under Section 32.53, Penal Code;
597	597	(I) health care fraud under Section 35A.02, Penal
598	598	Code;
599	599	(J) bigamy under Section 25.01, Penal Code,
600	600	except as provided by Subdivision (7); or
601	601	(K) possession or promotion of child pornography
602	602	under Section 43.26, Penal Code;
603	603	(4) five years from the date of the commission of the
604	604	offense:
605	605	(A) theft or robbery;
606	606	(B) except as provided by Subdivision (5),
607	607	kidnapping;
608	608	(C) [(B-1)] except as provided by Subdivision
609	609	(1) or (5), burglary;
610	610	(D) [(C)] injury to an elderly or disabled
611	611	individual that is not punishable as a felony of the first degree
612	612	under Section 22.04, Penal Code;
613	613	(E) [(D)] abandoning or endangering an [a
614	614	child,] elderly [individual,] or disabled individual;
615	615	(F) [(E)] insurance fraud;
616	616	(G) [(F)] assault under Section 22.01, Penal
617	617	Code, if the assault was committed against a person whose
618	618	relationship to or association with the defendant is described by
619	619	Section 71.0021(b), 71.003, or 71.005, Family Code;
620	620	(H) [(G)] continuous violence against the family
621	621	under Section 25.11, Penal Code; or
622	622	(I) [(H)] aggravated assault under Section
623	623	22.02, Penal Code;
624	624	(5) if the investigation of the offense shows that the
625	625	victim is younger than 17 years of age at the time the offense is
626	626	committed, 20 years from the 18th birthday of the victim of one of
627	627	the following offenses:
628	628	(A) kidnapping under Section 20.03, Penal Code,
629	629	or aggravated kidnapping under Section 20.04, Penal Code; or
630	630	(B) subject to Subdivision (1)(L) [(1)(J)],
631	631	burglary under Section 30.02, Penal Code, if the offense is
632	632	punishable under Subsection (d) of that section because the
633	633	defendant entered a habitation with the intent to commit an offense
634	634	described by Subdivision (1)(B) or (D) of this article or Paragraph
635	635	(A) of this subdivision;
636	636	(6) 20 years from the 18th birthday of the victim of
637	637	one of the following offenses:
638	638	(A) trafficking of a child [persons] under
639	639	Section 20A.02(a)(5) or (6), Penal Code; or
640	640	(B) sexual performance by a child under Section
641	641	43.25, Penal Code;
642	642	(7) ten years from the 18th birthday of the victim of
643	643	the offense:
644	644	(A) injury to a child under Section 22.04, Penal
645	645	Code;
646	646	(B) bigamy under Section 25.01, Penal Code, if
647	647	the investigation of the offense shows that the person, other than
648	648	the legal spouse of the defendant, whom the defendant marries or
649	649	purports to marry or with whom the defendant lives under the
650	650	appearance of being married is younger than 18 years of age at the
651	651	time the offense is committed; or
652	652	(C) [(D)] abandoning or endangering a child;
653	653	(8) [(7)] ten years from the date the offense was
654	654	discovered: trafficking of a disabled individual under Section
655	655	20A.02(a)(5) or (6), Penal Code;
656	656	(9) [(8)] two years from the date the offense was
657	657	discovered: sexual assault punishable as a state jail felony under
658	658	Section 22.011(f)(2), Penal Code; or
659	659	(10) [(9)] three years from the date of the commission
660	660	of the offense: all other felonies.
661	661	SECTION 4.02. Section 2(a), Article 38.072, Code of
662	662	Criminal Procedure, as amended by Chapters 284 (S.B. 643) and 710
663	663	(H.B. 2846), Acts of the 81st Legislature, Regular Session, 2009,
664	664	is reenacted and amended to read as follows:
665	665	(a) This article applies only to statements that:
666	666	(1) describe:
667	667	(A) the alleged offense; or
668	668	(B) if the statement is offered during the
669	669	punishment phase of the proceeding, a crime, wrong, or act other
670	670	than the alleged offense that is:
671	671	(i) described by Section 1;
672	672	(ii) allegedly committed by the defendant
673	673	against the child or person with a disability who is the victim of
674	674	the offense or against another person who is a child younger than 18
675	675	[14] years of age or a person with a disability; and
676	676	(iii) otherwise admissible as evidence
677	677	under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or
678	678	another law or rule of evidence of this state;
679	679	(2) were made by the child or person with a disability
680	680	against whom the charged offense or extraneous crime, wrong, or act
681	681	was allegedly committed; and
682	682	(3) were made to the first person, 18 years of age or
683	683	older, other than the defendant, to whom the child or person with a
684	684	disability made a statement about the offense or extraneous crime,
685	685	wrong, or act.
686	686	SECTION 4.03. Section 2, Article 38.072, Code of Criminal
687	687	Procedure, is amended by adding Subsection (a-1) to read as
688	688	follows:
689	689	(a-1) The trial court shall admit more than one statement
690	690	under this article at a proceeding if each statement:
691	691	(1) meets the requirements of Subsection (a); and
692	692	(2) describes different conduct by the defendant.
693	693	SECTION 4.04. Section 3, Article 38.072, Code of Criminal
694	694	Procedure, is amended to read as follows:
695	695	Sec. 3. In this article, "person with a disability" has the
696	696	same meaning as "disabled individual" as defined by Section 22.04,
697	697	Penal Code [means a person 13 years of age or older who because of
698	698	age or physical or mental disease, disability, or injury is
699	699	substantially unable to protect the person's self from harm or to
700	700	provide food, shelter, or medical care for the person's self].
701	701	SECTION 4.05. Section 1, Article 38.37, Code of Criminal
702	702	Procedure, is amended to read as follows:
703	703	Sec. 1. (a) Subsection (b) applies to a proceeding in the
704	704	prosecution of a defendant for an offense, or an attempt or
705	705	conspiracy to commit an offense, under the following provisions of
706	706	the Penal Code:
707	707	(1) [if committed against a child under 17 years of
708	708	age:
709	709	[(A)] Chapter 21 (Sexual Offenses);
710	710	(2) [(B)] Chapter 22 (Assaultive Offenses); [or]
711	711	(3) [(C)] Section 25.02 (Prohibited Sexual Conduct);
712	712	[or
713	713	[(2) if committed against a person younger than 18
714	714	years of age:]
715	715	(4) [(A)] Section 43.25 (Sexual Performance by a
716	716	Child);
717	717	(5) [(B)] Section 20A.02 [20A.02(a)(5), (6), (7), or
718	718	(8)] (Trafficking of Persons);
719	719	(6) [(C)] Section 20A.03 (Continuous Trafficking of
720	720	Persons)[, if based partly or wholly on conduct that constitutes an
721	721	offense under Section 20A.02(a)(5), (6), (7), or (8)]; or
722	722	(7) [(D)] Section 43.05 [43.05(a)(2)] (Compelling
723	723	Prostitution).
724	724	(b) Notwithstanding Rules 404 and 405, Texas Rules of
725	725	Evidence, evidence of other crimes, wrongs, or acts committed by
726	726	the defendant against the [child who is the] victim of the alleged
727	727	offense shall be admitted for its bearing on relevant matters,
728	728	including:
729	729	(1) the state of mind of the defendant and the victim
730	730	[child]; and
731	731	(2) the previous and subsequent relationship between
732	732	the defendant and the victim [child].
733	733	SECTION 4.06. Section 38.17, Penal Code, is amended to read
734	734	as follows:
735	735	Sec. 38.17. FAILURE TO STOP OR REPORT [AGGRAVATED] SEXUAL
736	736	OR ASSAULTIVE OFFENSE AGAINST [ASSAULT OF] CHILD. (a) A person[,
737	737	other than a person who has a relationship with a child described by
738	738	Section 22.04(b),] commits an offense if:
739	739	(1) the actor observes the commission or attempted
740	740	commission of an offense [prohibited by Section 21.02 or
741	741	22.021(a)(2)(B)] under circumstances in which a reasonable person
742	742	would believe that an offense of a sexual or assaultive nature was
743	743	being committed or was about to be committed against a [the] child;
744	744	(2) the actor fails to assist the child or immediately
745	745	report the commission of the offense to a peace officer or law
746	746	enforcement agency; and
747	747	(3) the actor could assist the child or immediately
748	748	report the commission of the offense without placing the actor in
749	749	danger of suffering serious bodily injury or death.
750	750	(b) An offense under this section is a felony of the third
751	751	degree [Class A misdemeanor].
752	752	(c) If conduct that constitutes an offense under this
753	753	section also constitutes an offense under any other law, the actor
754	754	may be prosecuted under this section, the other law, or both.
755	755	SECTION 4.07. The change in law made by this article to
756	756	Article 12.01, Code of Criminal Procedure, does not apply to the
757	757	prosecution of an offense under Section 38.17, Penal Code, if the
758	758	prosecution of that offense becomes barred by limitation before
759	759	September 1, 2025. The prosecution of that offense remains barred
760	760	as if this article had not taken effect.
761	761	SECTION 4.08. The changes in law made by this article to
762	762	Chapter 38, Code of Criminal Procedure, apply to a criminal
763	763	proceeding that commences on or after September 1, 2025. A criminal
764	764	proceeding that commences before September 1, 2025, is governed by
765	765	the law in effect on the date the proceeding commenced, and the
766	766	former law is continued in effect for that purpose.
767	767	SECTION 4.09. The change in law made by this article to
768	768	Section 38.17, Penal Code, applies only to an offense committed on
769	769	or after September 1, 2025. An offense committed before September
770	770	1, 2025, is governed by the law in effect on the date the offense was
771	771	committed, and the former law is continued in effect for that
772	772	purpose. For purposes of this section, an offense was committed
773	773	before September 1, 2025, if any element of the offense occurred
774	774	before that date.
775	775	ARTICLE 5. EFFECTIVE DATE
776	776	SECTION 5.01. This Act takes effect September 1, 2025.