| |
| |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of and criminal offenses occurring near |
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certain child-care facilities and age restrictions on persons |
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employed by or allowed on the premises of a sexually oriented |
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business; creating criminal offenses; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended |
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by adding Section 106.17 to read as follows: |
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Sec. 106.17. PRESENCE OF MINOR ON PERMITTED OR LICENSED |
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PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may |
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not be on premises covered by a permit or license issued under this |
|
|
code if a sexually oriented business, as defined by Section |
|
|
243.002, Local Government Code, operates on the premises. |
|
|
(b) The holder of a permit or license covering a premises |
|
|
described by Subsection (a) may not knowingly or recklessly allow a |
|
|
minor to be on the premises. |
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|
SECTION 2. Subchapter A, Chapter 102, Business & Commerce |
|
|
Code, is amended by adding Section 102.0031 to read as follows: |
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Sec. 102.0031. PROHIBITION ON CERTAIN ACTIVITIES BY |
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BUSINESS IN RELATION TO CHILD. A sexually oriented business may not |
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allow an individual younger than 18 years of age to enter the |
|
|
premises of the business. |
|
|
SECTION 3. Section 102.004(a), Business & Commerce Code, is |
|
|
amended to read as follows: |
|
|
(a) The attorney general or appropriate district or county |
|
|
attorney, in the name of the state, may bring an action for an |
|
|
injunction or other process against a person who violates or |
|
|
threatens to violate Section 102.002, [or] 102.003, or 102.0031. |
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SECTION 4. Section 102.005(b), Business & Commerce Code, is |
|
|
amended to read as follows: |
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(b) A sexually oriented business commits an offense if the |
|
|
business violates Section 102.003 or 102.0031. |
|
|
SECTION 5. Section 125.0015(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
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(a) A person who maintains a place to which persons |
|
|
habitually go for the following purposes and who knowingly |
|
|
tolerates the activity and furthermore fails to make reasonable |
|
|
attempts to abate the activity maintains a common nuisance: |
|
|
(1) discharge of a firearm in a public place as |
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|
prohibited by the Penal Code; |
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|
(2) reckless discharge of a firearm as prohibited by |
|
|
the Penal Code; |
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|
(3) engaging in organized criminal activity as a |
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|
member of a combination as prohibited by the Penal Code; |
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|
(4) delivery, possession, manufacture, or use of a |
|
|
substance or other item in violation of Chapter 481, Health and |
|
|
Safety Code; |
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|
(5) gambling, gambling promotion, or communicating |
|
|
gambling information as prohibited by the Penal Code; |
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|
(6) prostitution, promotion of prostitution, or |
|
|
aggravated promotion of prostitution as prohibited by the Penal |
|
|
Code; |
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|
(7) compelling prostitution as prohibited by the Penal |
|
|
Code; |
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|
(8) commercial manufacture, commercial distribution, |
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|
or commercial exhibition of obscene material as prohibited by the |
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|
Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
|
|
Penal Code; |
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|
(10) sexual assault as described by Section 22.011, |
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|
Penal Code; |
|
|
(11) aggravated sexual assault as described by Section |
|
|
22.021, Penal Code; |
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|
(12) robbery as described by Section 29.02, Penal |
|
|
Code; |
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|
(13) aggravated robbery as described by Section 29.03, |
|
|
Penal Code; |
|
|
(14) unlawfully carrying a weapon as described by |
|
|
Section 46.02, Penal Code; |
|
|
(15) murder as described by Section 19.02, Penal Code; |
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|
(16) capital murder as described by Section 19.03, |
|
|
Penal Code; |
|
|
(17) continuous sexual abuse of young child or |
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|
children as described by Section 21.02, Penal Code; |
|
|
(18) massage therapy or other massage services in |
|
|
violation of Chapter 455, Occupations Code; |
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|
(19) employing an individual younger than 21 years of |
|
|
age [a minor] at a sexually oriented business as defined by Section |
|
|
243.002, Local Government Code; |
|
|
(20) trafficking of persons as described by Section |
|
|
20A.02, Penal Code; |
|
|
(21) sexual conduct or performance by a child as |
|
|
described by Section 43.25, Penal Code; |
|
|
(22) employment harmful to a child as described by |
|
|
Section 43.251, Penal Code; |
|
|
(23) criminal trespass as described by Section 30.05, |
|
|
Penal Code; |
|
|
(24) disorderly conduct as described by Section 42.01, |
|
|
Penal Code; |
|
|
(25) arson as described by Section 28.02, Penal Code; |
|
|
(26) criminal mischief as described by Section 28.03, |
|
|
Penal Code, that causes a pecuniary loss of $500 or more; [or] |
|
|
(27) a graffiti offense in violation of Section 28.08, |
|
|
Penal Code; or |
|
|
(28) permitting an individual younger than 18 years of |
|
|
age to remain on the premises of a sexually oriented business as |
|
|
defined by Section 243.002, Local Government Code. |
|
|
SECTION 6. Articles 42A.453(a) and (c), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
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|
(a) In this article, "playground," "premises," "school," |
|
|
"video arcade facility," and "youth center" have the meanings |
|
|
assigned by Section 481.134, Health and Safety Code, and "general |
|
|
residential operation" has the meaning assigned by Section 42.002, |
|
|
Human Resources Code. |
|
|
(c) If a judge grants community supervision to a defendant |
|
|
described by Subsection (b) and the judge determines that a child as |
|
|
defined by Section 22.011(c), Penal Code, was the victim of the |
|
|
offense, the judge shall establish a child safety zone applicable |
|
|
to the defendant by requiring as a condition of community |
|
|
supervision that the defendant: |
|
|
(1) not: |
|
|
(A) supervise or participate in any program that: |
|
|
(i) includes as participants or recipients |
|
|
persons who are 17 years of age or younger; and |
|
|
(ii) regularly provides athletic, civic, or |
|
|
cultural activities; or |
|
|
(B) go in, on, or within 1,000 feet of a premises |
|
|
where children commonly gather, including a school, day-care |
|
|
facility, playground, public or private youth center, public |
|
|
swimming pool, [or] video arcade facility, or general residential |
|
|
operation operating as a residential treatment center; and |
|
|
(2) attend psychological counseling sessions for sex |
|
|
offenders with an individual or organization that provides sex |
|
|
offender treatment or counseling as specified or approved by the |
|
|
judge or the defendant's supervision officer. |
|
|
SECTION 7. Section 481.134(a), Health and Safety Code, is |
|
|
amended by adding Subdivision (8) to read as follows: |
|
|
(8) "General residential operation" has the meaning |
|
|
assigned by Section 42.002, Human Resources Code. |
|
|
SECTION 8. Sections 481.134(b), (c), (d), (e), and (f), |
|
|
Health and Safety Code, are amended to read as follows: |
|
|
(b) An offense otherwise punishable as a state jail felony |
|
|
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is |
|
|
punishable as a felony of the third degree, and an offense otherwise |
|
|
punishable as a felony of the second degree under any of those |
|
|
sections is punishable as a felony of the first degree, if it is |
|
|
shown at the punishment phase of the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of premises owned, |
|
|
rented, or leased by an institution of higher learning, the |
|
|
premises of a public or private youth center, or a playground; [or] |
|
|
(2) in, on, or within 300 feet of the premises of a |
|
|
public swimming pool or video arcade facility; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(c) The minimum term of confinement or imprisonment for an |
|
|
offense otherwise punishable under Section 481.112(c), (d), (e), or |
|
|
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
|
|
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
|
|
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
|
|
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
|
|
(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five |
|
|
years and the maximum fine for the offense is doubled if it is shown |
|
|
on the trial of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of the premises of a |
|
|
school, the premises of a public or private youth center, or a |
|
|
playground; [or] |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(d) An offense otherwise punishable under Section |
|
|
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
|
|
481.121(b)(3) is a felony of the third degree if it is shown on the |
|
|
trial of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; [or] |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(e) An offense otherwise punishable under Section |
|
|
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state |
|
|
jail felony if it is shown on the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; [or] |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(f) An offense otherwise punishable under Section |
|
|
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class |
|
|
A misdemeanor if it is shown on the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; [or] |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
SECTION 9. Section 42.002, Human Resources Code, is amended |
|
|
by adding Subdivision (25) to read as follows: |
|
|
(25) "Grounds" means, with regard to property, the |
|
|
real property, whether fenced or unfenced, of the parcel of land on |
|
|
which is located any appurtenant building, structure, or other |
|
|
improvement, including a public or private driveway, street, |
|
|
sidewalk or walkway, parking lot, and parking garage on the |
|
|
property. |
|
|
SECTION 10. Sections 42.042(e), (g), and (g-2), Human |
|
|
Resources Code, are amended to read as follows: |
|
|
(e) The executive commissioner shall promulgate minimum |
|
|
standards that apply to licensed child-care facilities and to |
|
|
registered family homes covered by this chapter and that will: |
|
|
(1) promote the health, safety, and welfare of |
|
|
children attending a facility or registered family home; |
|
|
(2) promote safe, comfortable, and healthy physical |
|
|
facilities and registered family homes for children; |
|
|
(3) ensure adequate supervision of children by |
|
|
capable, qualified, and healthy personnel; |
|
|
(4) ensure adequate and healthy food service where |
|
|
food service is offered; |
|
|
(5) prohibit racial discrimination by child-care |
|
|
facilities and registered family homes; |
|
|
(6) require procedures for parental and guardian |
|
|
consultation in the formulation of children's educational and |
|
|
therapeutic programs; |
|
|
(7) prevent the breakdown of foster care and adoptive |
|
|
placement; [and] |
|
|
(8) ensure that a child-care facility or registered |
|
|
family home: |
|
|
(A) follows the directions of a child's physician |
|
|
or other health care provider in providing specialized medical |
|
|
assistance required by the child; and |
|
|
(B) maintains for a reasonable time a copy of any |
|
|
directions from the physician or provider that the parent provides |
|
|
to the facility or home; and |
|
|
(9) ensure that a child's health, safety, and welfare |
|
|
are adequately protected on the grounds of a child-care facility or |
|
|
registered family home. |
|
|
(g) In promulgating minimum standards the executive |
|
|
commissioner may recognize and treat differently the types of |
|
|
services provided by and the grounds appurtenant to the following: |
|
|
(1) listed family homes; |
|
|
(2) registered family homes; |
|
|
(3) child-care facilities, including general |
|
|
residential operations, cottage home operations, specialized |
|
|
child-care homes, group day-care homes, and day-care centers; |
|
|
(4) child-placing agencies; |
|
|
(5) agency foster homes; |
|
|
(6) continuum-of-care residential operations; |
|
|
(7) before-school or after-school programs; and |
|
|
(8) school-age programs. |
|
|
(g-2) The executive commissioner by rule shall adopt |
|
|
minimum standards that apply to general residential operations that |
|
|
provide comprehensive residential and nonresidential services to |
|
|
persons who are victims of trafficking under Section 20A.02, Penal |
|
|
Code. In adopting the minimum standards under this subsection, the |
|
|
executive commissioner shall consider: |
|
|
(1) the special circumstances, [and] needs, and |
|
|
precautions required of victims of trafficking of persons; [and] |
|
|
(2) the role of the general residential operations in |
|
|
assisting, [and] supporting, and protecting victims of trafficking |
|
|
of persons; and |
|
|
(3) the vulnerability of victims of trafficking of |
|
|
persons on the grounds of a general residential operation operating |
|
|
as a residential treatment center. |
|
|
SECTION 11. Subchapter C, Chapter 42, Human Resources Code, |
|
|
is amended by adding Section 42.068 to read as follows: |
|
|
Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE; |
|
|
CRIMINAL PENALTY. (a) Each general residential operation |
|
|
operating as a residential treatment center shall post "No |
|
|
Trespassing" notices on the grounds of the general residential |
|
|
operation in the following locations: |
|
|
(1) parallel to and along the exterior boundaries of |
|
|
the general residential operation's grounds; |
|
|
(2) at each roadway or other way of access to the |
|
|
grounds; |
|
|
(3) for grounds not fenced, at least every five |
|
|
hundred feet along the exterior boundaries of the grounds; |
|
|
(4) at each entrance to the grounds; and |
|
|
(5) at conspicuous places reasonably likely to be |
|
|
viewed by intruders. |
|
|
(b) Each "No Trespassing" notice posted on the grounds of a |
|
|
general residential operation operating as a residential treatment |
|
|
center must: |
|
|
(1) state that entry to the property is forbidden; |
|
|
(2) include a description of the provisions of |
|
|
Section 30.05, Penal Code, including the penalties for violating |
|
|
Section 30.05, Penal Code; |
|
|
(3) include the name and address of the person under |
|
|
whose authority the notice is posted; |
|
|
(4) be written in English and Spanish; and |
|
|
(5) be at least 8-1/2 by 11 inches in size. |
|
|
(c) The executive commissioner by rule shall determine and |
|
|
prescribe the requirements regarding the placement, installation, |
|
|
design, size, wording, and maintenance procedures for the "No |
|
|
Trespassing" notices. |
|
|
(d) The commission shall provide without charge to each |
|
|
general residential operation operating as a residential treatment |
|
|
center the number of "No Trespassing" notices required to comply |
|
|
with this section and rules adopted under this section. |
|
|
(e) A person who operates a general residential operation |
|
|
operating as a residential treatment center commits an offense if |
|
|
the commission provides "No Trespassing" notices to the facility |
|
|
and the person fails to display the "No Trespassing" notices on the |
|
|
operation's grounds as required by this section before the end of |
|
|
the 30th business day after the date the operation receives the |
|
|
notices. An offense under this subsection is a Class C misdemeanor. |
|
|
SECTION 12. Sections 51.016(b), (h), and (i), Labor Code, |
|
|
are amended to read as follows: |
|
|
(b) A sexually oriented business may not employ an |
|
|
individual younger than 21 [18] years of age. |
|
|
(h) The commission, the attorney general, or a local law |
|
|
enforcement agency may inspect a record maintained under this |
|
|
section if there is good reason to believe that an individual |
|
|
younger than 21 [18] years of age is employed or has been employed |
|
|
by the sexually oriented business within the two years preceding |
|
|
the date of the inspection. |
|
|
(i) A person commits an offense if the person: |
|
|
(1) fails to maintain a record as required by this |
|
|
section; [or] |
|
|
(2) knowingly or intentionally hinders an inspection |
|
|
authorized under Subsection (h); or |
|
|
(3) violates Subsection (b). |
|
|
SECTION 13. Section 20A.02(b), Penal Code, is amended to |
|
|
read as follows: |
|
|
(b) Except as otherwise provided by this subsection, 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 at the time of the offense; |
|
|
(2) the commission of the offense results in 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 recruited, enticed, or obtained the |
|
|
victim of the offense from a shelter or facility operating as a |
|
|
residential treatment center that serves runaway youth, foster |
|
|
children, the homeless, or persons subjected to human trafficking, |
|
|
domestic violence, or sexual assault. |
|
|
SECTION 14. Section 30.05(a), Penal Code, is amended to |
|
|
read as follows: |
|
|
(a) A person commits an offense if the person enters or |
|
|
remains on or in property of another, including residential land, |
|
|
agricultural land, a recreational vehicle park, a building, a |
|
|
general residential operation operating as a residential treatment |
|
|
center, or an aircraft or other vehicle, without effective consent |
|
|
and the person: |
|
|
(1) had notice that the entry was forbidden; or |
|
|
(2) received notice to depart but failed to do so. |
|
|
SECTION 15. Section 30.05(b), Penal Code, is amended by |
|
|
adding Subdivision (13) to read as follows: |
|
|
(13) "General residential operation" has the meaning |
|
|
assigned by Section 42.002, Human Resources Code. |
|
|
SECTION 16. Section 30.05(d), Penal Code, is amended to |
|
|
read as follows: |
|
|
(d) An offense under this section is: |
|
|
(1) a Class B misdemeanor, except as provided by |
|
|
Subdivisions (2) and (3); |
|
|
(2) a Class C misdemeanor, except as provided by |
|
|
Subdivision (3), if the offense is committed: |
|
|
(A) on agricultural land and within 100 feet of |
|
|
the boundary of the land; or |
|
|
(B) on residential land and within 100 feet of a |
|
|
protected freshwater area; and |
|
|
(3) a Class A misdemeanor if: |
|
|
(A) the offense is committed: |
|
|
(i) in a habitation or a shelter center; |
|
|
(ii) on a Superfund site; or |
|
|
(iii) on or in a critical infrastructure |
|
|
facility; |
|
|
(B) the offense is committed on or in property of |
|
|
an institution of higher education and it is shown on the trial of |
|
|
the offense that the person has previously been convicted of: |
|
|
(i) an offense under this section relating |
|
|
to entering or remaining on or in property of an institution of |
|
|
higher education; or |
|
|
(ii) an offense under Section 51.204(b)(1), |
|
|
Education Code, relating to trespassing on the grounds of an |
|
|
institution of higher education; [or] |
|
|
(C) the person carries a deadly weapon during the |
|
|
commission of the offense; or |
|
|
(D) the offense is committed on the property of |
|
|
or within a general residential operation operating as a |
|
|
residential treatment center. |
|
|
SECTION 17. Section 43.251(a)(1), Penal Code, is amended to |
|
|
read as follows: |
|
|
(1) "Child" means a person younger than 21 [18] years |
|
|
of age. |
|
|
SECTION 18. Section 71.028(a), Penal Code, is amended to |
|
|
read as follows: |
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(a) In this section: |
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(1) "General residential operation" has the meaning |
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assigned by Section 42.002, Human Resources Code. |
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(2) "Institution of higher education," "playground," |
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"premises," "school," "video arcade facility," and "youth center" |
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have the meanings assigned by Section 481.134, Health and Safety |
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Code. |
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(3) [(2)] "Shopping mall" means an enclosed public |
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walkway or hall area that connects retail, service, or professional |
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establishments. |
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SECTION 19. Section 71.028(c), Penal Code, is amended to |
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read as follows: |
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(c) Except as provided by Subsection (d), the punishment |
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prescribed for an offense described by Subsection (b) is increased |
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to the punishment prescribed for the next highest category of |
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offense if the actor is 17 years of age or older and it is shown |
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beyond a reasonable doubt on the trial of the offense that the actor |
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committed the offense at a location that was: |
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(1) in, on, or within 1,000 feet of any: |
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(A) real property that is owned, rented, or |
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leased by a school or school board; |
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(B) premises owned, rented, or leased by an |
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institution of higher education; |
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(C) premises of a public or private youth center; |
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[or] |
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(D) playground; or |
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(E) general residential operation operating as a |
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residential treatment center; |
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(2) in, on, or within 300 feet of any: |
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(A) shopping mall; |
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(B) movie theater; |
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(C) premises of a public swimming pool; or |
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(D) premises of a video arcade facility; or |
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(3) on a school bus. |
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SECTION 20. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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that law is continued in effect for that purpose. For the purposes |
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of this section, an offense is committed before the effective date |
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of this Act if any element of the offense occurs before that date. |
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SECTION 21. This Act takes effect September 1, 2021. |