89R4474 AJZ-F
By: Huffman S.B. No. 741
A BILL TO BE ENTITLED
AN ACT
relating to human trafficking, prostitution, and child pornography
and to the prosecution of sexual or assaultive offenses or the
prosecution of a failure to stop or report those offenses; amending
and harmonizing certain statute of limitations provisions;
creating a criminal offense; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HUMAN TRAFFICKING
SECTION 1.01. Section 402.034(c), Government Code, is
amended to read as follows:
(c) The council is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(4) the public safety director of the Department of
Public Safety or the director's designee;
(5) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Alcoholic Beverage Commission;
(C) the Parks and Wildlife Department;
(D) the Texas Department of Licensing and
Regulation;
(E) the Texas Education Agency; [and]
(F) the Texas Department of Transportation; and
(G) the Office of Court Administration of the
Texas Judicial System; and
(6) one representative of any other state agency
appointed by the chief administrative officer of the agency, if the
council determines that a representative from the state agency is a
necessary member of the council.
SECTION 1.02. Section 402.0351(a), Government Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Body piercing studio" has the meaning assigned by
Section 146.001, Health and Safety Code.
(1-a) "Cosmetology facility" means a person who holds
a license to operate a facility or school under Chapter 1603 [1602],
Occupations Code, where cosmetology is practiced.
SECTION 1.03. Section 402.0351(a-1), Government Code, is
amended to read as follows:
(a-1) Except as provided by Subsection (a-3), a person who
operates any of the following entities shall post at the entity the
sign prescribed under Subsection (b), or, if applicable, a similar
sign or notice as prescribed by other state law:
(1) an entity permitted or licensed under Chapter 25,
26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity
holding a food and beverage certificate;
(2) a cosmetology facility;
(3) a hospital;
(4) a massage establishment;
(5) a massage school;
(6) a sexually oriented business;
(7) a tattoo studio; [or]
(8) a transportation hub; or
(9) a body piercing studio.
SECTION 1.04. Chapter 146, Health and Safety Code, is
amended by adding Section 146.0075 to read as follows:
Sec. 146.0075. REQUIRED HUMAN TRAFFICKING TRAINING. (a)
Each employee of a tattoo studio or body piercing studio within the
time prescribed by rules adopted by the executive commissioner
shall complete a training course approved by the executive
commissioner on identifying and assisting victims of human
trafficking.
(b) The executive commissioner shall approve training
courses on human trafficking prevention, including at least one
course that is available without charge. The department shall post
the list of the approved training courses on the department's
Internet website.
(c) A tattoo studio or body piercing studio shall post signs
relating to human trafficking as required by Section 402.0351,
Government Code.
SECTION 1.05. Subchapter G, Chapter 1603, Occupations Code,
is amended by adding Section 1603.302 to read as follows:
Sec. 1603.302. CONTINUING EDUCATION REGARDING HUMAN
TRAFFICKING. The commission shall adopt rules requiring a license
holder to complete continuing education on identifying and
assisting victims of human trafficking.
SECTION 1.06. Section 20A.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture
that involves an activity described by Subdivision (1), including
by receiving labor or services the person knows are forced labor or
services;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child or disabled individual with the
intent that the trafficked child or disabled individual engage in
forced labor or services, regardless of whether the person knows
the age of the child or whether the person knows the victim is
disabled;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services, regardless of whether the person knows the age of the
child or whether the person knows the victim is disabled;
(7) traffics a child or disabled individual,
regardless of whether the person knows the age of the child or
whether the person knows the victim is disabled, and by any means
causes the trafficked child or disabled individual to engage in, or
become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of
Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child or disabled individual trafficked in
the manner described in Subdivision (7), regardless of whether the
person knows the age of the child or whether the person knows the
victim is disabled.
SECTION 1.07. Section 20A.02(b), Penal Code, as amended by
Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(b) Except as otherwise provided by this subsection and
Subsection (b-1), an offense under this section is a felony of the
second degree. An offense under this section is a felony of the
first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8)[, regardless of whether
the actor knows the age of the child or whether the actor knows the
victim is disabled at the time of the offense];
(2) the commission of the offense results in serious
bodily injury to or the death of the person who is trafficked; [or]
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked; or
(4) the actor:
(A) used or exhibited a deadly weapon during the
commission of the offense; or
(B) intentionally, knowingly, or recklessly
impeded the normal breathing or circulation of the blood of the
trafficked person by applying pressure to the person's throat or
neck or by blocking the person's nose or mouth.
SECTION 1.08. Section 20A.02(b-1), Penal Code, as amended
by Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years if it is shown on the trial of the offense that
the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of:
(A) a school; [or]
(B) an institution of higher education or private
or independent institution of higher education, as defined by
Section 61.003, Education Code; [or]
(C) a juvenile detention facility;
(D) [(C)] a post-adjudication secure
correctional facility;
(E) [(D)] a shelter or facility operating as a
residential treatment center that serves runaway youth, foster
children, people who are homeless, or persons subjected to human
trafficking, domestic violence, or sexual assault;
(F) [(E)] a community center offering youth
services and programs; or
(G) [(F)] a child-care facility, as defined by
Section 42.002, Human Resources Code; or
(2) on the premises where or within 1,000 feet of the
premises where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 1.09. The changes in law made by this article to
Chapter 20A, Penal Code, apply only to an offense committed on or
after September 1, 2025. An offense committed before September 1,
2025, is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before September 1, 2025, if any element of the offense occurred
before that date.
SECTION 1.10. As soon as practicable after September 1,
2025, the Office of Court Administration of the Texas Judicial
System shall appoint a representative as required by Section
402.034(c), Government Code, as amended by this article.
SECTION 1.11. As soon as practicable after September 1,
2025:
(1) the executive commissioner of the Health and Human
Services Commission shall:
(A) approve human trafficking prevention
training courses as provided by Section 146.0075(b), Health and
Safety Code, as added by this article; and
(B) adopt rules necessary to implement Section
146.0075, Health and Safety Code, as added by this article; and
(2) the Department of State Health Services shall post
on its Internet website the list of human trafficking prevention
courses approved by the executive commissioner of the Health and
Human Services Commission under Section 146.0075(b), Health and
Safety Code, as added by this article.
SECTION 1.12. As soon as practicable after September 1,
2025, the Texas Commission of Licensing and Regulation shall adopt
the rules required by Section 1603.302, Occupations Code, as added
by this article.
SECTION 1.13. An employee of a tattoo studio or body
piercing studio is not required to complete a training course as
required by Section 146.0075(a), Health and Safety Code, as added
by this article, before January 1, 2026.
ARTICLE 2. PROSTITUTION
SECTION 2.01. Section 43.021(b), Penal Code, is amended to
read as follows:
(b) An offense under Subsection (a) is a state jail felony,
except that the offense is:
(1) a felony of the third degree if the actor has
previously been convicted of an offense under Subsection (a) or
under Section 43.02(b), as that law existed before September 1,
2021; or
(2) a felony of the second degree if the person with
respect to whom the actor offers or agrees to engage [pay the fee
for the purpose of engaging] in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 2.02. Subchapter A, Chapter 43, Penal Code, is
amended by adding Section 43.032 to read as follows:
Sec. 43.032. CONTINUOUS PROMOTION OF PROSTITUTION. (a) A
person commits an offense if, during a period that is 30 or more
days in duration, the person engages two or more times in conduct
that constitutes an offense under Section 43.03.
(b) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific conduct engaged
in by the defendant constituted an offense under Section 43.03 or on
which exact date the defendant engaged in that conduct. The jury
must agree unanimously that the defendant, during a period that is
30 or more days in duration, engaged two or more times in conduct
that constituted an offense under Section 43.03.
(c) If the victim of an offense under Subsection (a) is the
same victim as a victim of an offense under Section 43.03, a
defendant may not be convicted of the offense under Section 43.03 in
the same criminal action as the offense under Subsection (a),
unless the offense under Section 43.03:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the conduct that constitutes an
offense under Section 43.03 is alleged to have been committed
against the same victim.
(e) An offense under this section is a felony of the first
degree.
SECTION 2.03. Article 17.081, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY
CERTAIN DEFENDANTS. In addition to the requirements of Article
17.08, a bail bond for a defendant charged with an offense under
Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.032, 43.04,
43.041, or 43.05, Penal Code, must include the address,
identification number, and state of issuance as shown on a valid
driver's license or identification card for the defendant and any
surety, including any agent executing the bail bond on behalf of a
corporation acting as surety.
SECTION 2.04. Article 17.465(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A magistrate shall require as a condition of release on
bond that a defendant charged with an offense under Section 20A.02,
20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code,
committed against a person 18 years of age or older may not:
(1) communicate directly or indirectly with the
victim; or
(2) go to or near:
(A) the residence, place of employment, or
business of the victim; or
(B) if applicable, a school, day-care facility,
or similar facility where a dependent child of the victim is in
attendance.
SECTION 2.05. Article 42A.054(e), Code of Criminal
Procedure, is amended to read as follows:
(e) Notwithstanding Subsection (a), with respect to an
offense committed by a defendant under Section 43.04 or 43.05,
Penal Code, a judge may place the defendant on community
supervision as permitted by Article 42A.053 if the judge makes a
finding that the defendant committed the offense solely as a victim
of an offense under Section 20A.02, 20A.03, 43.03, 43.032, 43.04,
or 43.05, Penal Code.
SECTION 2.06. Article 56B.003(13), Code of Criminal
Procedure, is amended to read as follows:
(13) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,
or 43.26, Penal Code.
SECTION 2.07. Article 58.051(11), Code of Criminal
Procedure, is amended to read as follows:
(11) "Trafficking of persons" means any conduct that:
(A) constitutes an offense under Section 20A.02,
20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,
or 43.26, Penal Code; and
(B) results in a person:
(i) engaging in forced labor or services;
or
(ii) otherwise becoming a victim of the
offense.
SECTION 2.08. Section 169.002(b), Health and Safety Code,
is amended to read as follows:
(b) A defendant is eligible to participate in a first
offender solicitation of prostitution prevention program
established under this chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02(b), as
that law existed before September 1, 2021, 43.021, 43.03, 43.031,
43.032, 43.04, 43.041, or 43.05, Penal Code;
(B) an offense listed in Article 42A.054(a), Code
of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
SECTION 2.09. Section 455.005(c), Occupations Code, is
amended to read as follows:
(c) A political subdivision may not adopt a regulation of
the type described by Subsection (b) that is more restrictive for
massage establishments than for other health care establishments,
except that a more restrictive regulation of the type described by
Subsection (b) may be adopted:
(1) as provided by Chapter 243, Local Government Code;
or
(2) if the regulation relates to the location,
ownership, hours of operation, or operation of a massage
establishment:
(A) where three or more arrests have occurred or
citations in lieu of arrest have been issued for an offense under
Section 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal
Code, that was committed at the massage establishment;
(B) where an offense under Chapter 20A, or
Section 34.02, 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or
71.02, Penal Code, was committed that resulted in a conviction;
(C) that is operating at a location where another
massage establishment against which a sanction was imposed for a
violation of this chapter previously operated; or
(D) that is operating at a location where another
massage establishment owned or operated by an individual against
whom a sanction was imposed for a violation of this chapter
previously operated.
SECTION 2.10. Section 455.152, Occupations Code, as amended
by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not
eligible for a license as a massage establishment, massage school,
massage therapist, or massage therapy instructor if the person is
an individual and has been convicted of, entered a plea of nolo
contendere or guilty to, or received deferred adjudication for:
(1) an offense under Chapter 20A, Penal Code [Section
22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031,
43.032, 43.04, 43.041, or 43.05, Penal Code; [or]
(2) an offense under federal law or the laws of another
state containing elements that are substantially similar to the
elements of an offense described by Subdivision (1); or
(3) an offense under Section 22.011 or 22.021, Penal
Code.
SECTION 2.11. Section 455.251(b), Occupations Code, is
amended to read as follows:
(b) The commission or executive director shall revoke the
license of a person licensed as a massage therapist or massage
therapy instructor if:
(1) the person is convicted of, enters a plea of nolo
contendere or guilty to, or receives deferred adjudication for:
(A) an offense under Chapter 20A, Penal Code, or
Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05,
Penal Code; or
(B) an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense described by Paragraph (A); or
(2) the commission or executive director determines
the person has practiced or administered massage therapy at or for a
sexually oriented business.
SECTION 2.12. The change in law made by this article to
Section 43.021(b), Penal Code, applies only to an offense committed
on or after September 1, 2025. An offense committed before
September 1, 2025, is governed by the law in effect on the date the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before September 1, 2025, if any element of the offense
occurred before that date.
ARTICLE 3. CHILD PORNOGRAPHY
SECTION 3.01. Section 43.26(d), Penal Code, as amended by
Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(d) An offense under Subsection (a) is:
(1) a felony of the third degree if the person
possesses visual material that contains fewer than 10 [100] visual
depictions of a child as described by Subsection (a)(1);
(2) a felony of the second degree if the person
possesses visual material that contains 10 [100] or more visual
depictions of a child as described by Subsection (a)(1) but fewer
than 50 [500] such depictions;
(3) a felony of the first degree if the person:
(A) possesses visual material that contains 50
[500] or more visual depictions of a child as described by
Subsection (a)(1); or
(B) possesses visual material of conduct
constituting an offense under Section 22.011(a)(2); or
(4) a felony of the first degree punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for any term of not more than 99 years or less than 25 years if it
is shown on the trial of the offense that, at the time of the
offense, the person was:
(A) an employee at a child-care facility or a
residential child-care facility, as those terms are defined by
Section 42.002, Human Resources Code;
(B) an employee at a residential treatment
facility established under Section 221.056, Human Resources Code;
(C) an employee at a shelter or facility that
serves youth and that receives state funds; or
(D) receiving state funds for the care of a child
depicted by the visual material.
SECTION 3.02. Section 43.26(g), Penal Code, is amended to
read as follows:
(g) An offense under Subsection (e) is a felony of the first
[second] degree, except that the offense is a felony of the first
degree with a minimum term of confinement of 15 years if:
(1) the person promotes or possesses with intent to
promote:
(A) visual material that contains 50 or more
visual depictions of a child as described by Subsection (a)(1); or
(B) visual material of conduct constituting an
offense under Section 22.011(a)(2); and
(2) it is shown on the trial of the offense that the
person has been previously convicted of an offense under this
section [that subsection].
SECTION 3.03. The following provisions of the Penal Code
are repealed:
(1) Section 43.26(d-1), as added by Chapter 93 (S.B.
1527), Acts of the 88th Legislature, Regular Session, 2023; and
(2) Section 43.26(d-2).
SECTION 3.04. The changes in law made by this article to
Section 43.26, Penal Code, apply only to an offense committed on or
after September 1, 2025. An offense committed before September 1,
2025, is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before September 1, 2025, if any element of the offense was
committed before that date.
ARTICLE 4. PROSECUTION OF SEXUAL OR ASSAULTIVE OFFENSES OR
PROSECUTION OF FAILURE TO STOP OR REPORT THOSE OFFENSES
SECTION 4.01. Article 12.01, Code of Criminal Procedure, as
amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
2023, is reenacted and amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Articles
12.015 and 12.03, felony indictments may be presented within these
limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of a
collision under Section 550.021, Transportation Code, if the
collision resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code;
(I) compelling prostitution under Section
43.05(a)(2) or (3), Penal Code; [or]
(J) tampering with physical evidence under
Section 37.09(a)(1) or (d)(1), Penal Code, if:
(i) the evidence tampered with is a human
corpse, as defined by that section; or
(ii) the investigation of the offense shows
that a reasonable person in the position of the defendant at the
time of the commission of the offense would have cause to believe
that the evidence tampered with is related to a criminal homicide
under Chapter 19, Penal Code;
(K) [(J)] interference with child custody under
Section 25.03(a)(3), Penal Code;
(L) [(J)] burglary under Section 30.02, Penal
Code, if:
(i) the offense is punishable under
Subsection (d) of that section because the defendant entered a
habitation with the intent to commit an offense under Section
22.011 or 22.021, Penal Code; and
(ii) during the investigation of the
offense biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained;
(M) failure to stop or report sexual or
assaultive offense against child under Section 38.17, Penal Code;
or
(N) continuous promotion of prostitution under
Section 43.032, Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (9) [(8)];
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code;
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (7); or
(K) possession or promotion of child pornography
under Section 43.26, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping;
(C) [(B-1)] except as provided by Subdivision
(1) or (5), burglary;
(D) [(C)] injury to an elderly or disabled
individual that is not punishable as a felony of the first degree
under Section 22.04, Penal Code;
(E) [(D)] abandoning or endangering an [a
child,] elderly [individual,] or disabled individual;
(F) [(E)] insurance fraud;
(G) [(F)] assault under Section 22.01, Penal
Code, if the assault was committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code;
(H) [(G)] continuous violence against the family
under Section 25.11, Penal Code; or
(I) [(H)] aggravated assault under Section
22.02, Penal Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code; or
(B) subject to Subdivision (1)(L) [(1)(J)],
burglary under Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section because the
defendant entered a habitation with the intent to commit an offense
described by Subdivision (1)(B) or (D) of this article or Paragraph
(A) of this subdivision;
(6) 20 years from the 18th birthday of the victim of
one of the following offenses:
(A) trafficking of a child [persons] under
Section 20A.02(a)(5) or (6), Penal Code; or
(B) sexual performance by a child under Section
43.25, Penal Code;
(7) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code;
(B) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(C) [(D)] abandoning or endangering a child;
(8) [(7)] ten years from the date the offense was
discovered: trafficking of a disabled individual under Section
20A.02(a)(5) or (6), Penal Code;
(9) [(8)] two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(10) [(9)] three years from the date of the commission
of the offense: all other felonies.
SECTION 4.02. Section 2(a), Article 38.072, Code of
Criminal Procedure, as amended by Chapters 284 (S.B. 643) and 710
(H.B. 2846), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted and amended to read as follows:
(a) This article applies only to statements that:
(1) describe:
(A) the alleged offense; or
(B) if the statement is offered during the
punishment phase of the proceeding, a crime, wrong, or act other
than the alleged offense that is:
(i) described by Section 1;
(ii) allegedly committed by the defendant
against the child or person with a disability who is the victim of
the offense or against another person who is a child younger than 18
[14] years of age or a person with a disability; and
(iii) otherwise admissible as evidence
under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or
another law or rule of evidence of this state;
(2) were made by the child or person with a disability
against whom the charged offense or extraneous crime, wrong, or act
was allegedly committed; and
(3) were made to the first person, 18 years of age or
older, other than the defendant, to whom the child or person with a
disability made a statement about the offense or extraneous crime,
wrong, or act.
SECTION 4.03. Section 2, Article 38.072, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) The trial court shall admit more than one statement
under this article at a proceeding if each statement:
(1) meets the requirements of Subsection (a); and
(2) describes different conduct by the defendant.
SECTION 4.04. Section 3, Article 38.072, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. In this article, "person with a disability" has the
same meaning as "disabled individual" as defined by Section 22.04,
Penal Code [means a person 13 years of age or older who because of
age or physical or mental disease, disability, or injury is
substantially unable to protect the person's self from harm or to
provide food, shelter, or medical care for the person's self].
SECTION 4.05. Section 1, Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) Subsection (b) applies to a proceeding in the
prosecution of a defendant for an offense, or an attempt or
conspiracy to commit an offense, under the following provisions of
the Penal Code:
(1) [if committed against a child under 17 years of
age:
[(A)] Chapter 21 (Sexual Offenses);
(2) [(B)] Chapter 22 (Assaultive Offenses); [or]
(3) [(C)] Section 25.02 (Prohibited Sexual Conduct);
[or
[(2) if committed against a person younger than 18
years of age:]
(4) [(A)] Section 43.25 (Sexual Performance by a
Child);
(5) [(B)] Section 20A.02 [20A.02(a)(5), (6), (7), or
(8)] (Trafficking of Persons);
(6) [(C)] Section 20A.03 (Continuous Trafficking of
Persons)[, if based partly or wholly on conduct that constitutes an
offense under Section 20A.02(a)(5), (6), (7), or (8)]; or
(7) [(D)] Section 43.05 [43.05(a)(2)] (Compelling
Prostitution).
(b) Notwithstanding Rules 404 and 405, Texas Rules of
Evidence, evidence of other crimes, wrongs, or acts committed by
the defendant against the [child who is the] victim of the alleged
offense shall be admitted for its bearing on relevant matters,
including:
(1) the state of mind of the defendant and the victim
[child]; and
(2) the previous and subsequent relationship between
the defendant and the victim [child].
SECTION 4.06. Section 38.17, Penal Code, is amended to read
as follows:
Sec. 38.17. FAILURE TO STOP OR REPORT [AGGRAVATED] SEXUAL
OR ASSAULTIVE OFFENSE AGAINST [ASSAULT OF] CHILD. (a) A person[,
other than a person who has a relationship with a child described by
Section 22.04(b),] commits an offense if:
(1) the actor observes the commission or attempted
commission of an offense [prohibited by Section 21.02 or
22.021(a)(2)(B)] under circumstances in which a reasonable person
would believe that an offense of a sexual or assaultive nature was
being committed or was about to be committed against a [the] child;
(2) the actor fails to assist the child or immediately
report the commission of the offense to a peace officer or law
enforcement agency; and
(3) the actor could assist the child or immediately
report the commission of the offense without placing the actor in
danger of suffering serious bodily injury or death.
(b) An offense under this section is a felony of the third
degree [Class A misdemeanor].
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 4.07. The change in law made by this article to
Article 12.01, Code of Criminal Procedure, does not apply to the
prosecution of an offense under Section 38.17, Penal Code, if the
prosecution of that offense becomes barred by limitation before
September 1, 2025. The prosecution of that offense remains barred
as if this article had not taken effect.
SECTION 4.08. The changes in law made by this article to
Chapter 38, Code of Criminal Procedure, apply to a criminal
proceeding that commences on or after September 1, 2025. A criminal
proceeding that commences before September 1, 2025, is governed by
the law in effect on the date the proceeding commenced, and the
former law is continued in effect for that purpose.
SECTION 4.09. The change in law made by this article to
Section 38.17, Penal Code, applies only to an offense committed on
or after September 1, 2025. An offense committed before September
1, 2025, is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before September 1, 2025, if any element of the offense occurred
before that date.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2025.