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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offense of online solicitation relating to |
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a minor; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ONLINE SOLICITATION RELATING TO A MINOR |
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SECTION 1.01. The heading to Section 33.021, Penal Code, is |
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amended to read as follows: |
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Sec. 33.021. ONLINE SOLICITATION RELATING TO [OF] A MINOR. |
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SECTION 1.02. Section 33.021, Penal Code, is amended by |
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adding Subsections (c-1) and (f-1) and amending Subsections (d), |
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(e), and (f) to read as follows: |
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(c-1) A person commits an offense if the person, over the |
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Internet, by electronic mail or text message or other electronic |
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message service or system, or through a commercial online service, |
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knowingly solicits a person with the intent that the solicitation |
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will cause a minor to meet another person, including the actor, to |
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engage in sexual contact, sexual intercourse, or deviate sexual |
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intercourse. |
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(d) It is not a defense to prosecution under Subsection (c) |
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or (c-1) that the meeting did not occur. |
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(e) It is a defense to prosecution under this section that |
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at the time conduct described by Subsection (c) or (c-1) was |
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committed: |
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(1) the actor was married to the minor; or |
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(2) the actor was not more than three years older than |
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the minor and the minor consented to the conduct. |
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(f) An offense under Subsection (b) is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the minor is younger than 14 years of age or is an individual whom |
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the actor believes to be younger than 14 years of age at the time of |
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the commission of the offense. |
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(f-1) An offense under Subsection (c) or (c-1) is a felony |
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of the second degree. |
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ARTICLE 2. CONFORMING AMENDMENTS |
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SECTION 2.01. Section 2(a), Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subsection (b) applies only to the trial of a defendant |
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for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02, if punishable as a felony of |
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the first degree under Section 20A.02(b)(1) (Sex Trafficking of a |
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Child); |
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(B) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Children); |
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(C) Section 21.11 (Indecency With a Child); |
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(D) Section 22.011(a)(2) (Sexual Assault of a |
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Child); |
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(E) Sections 22.021(a)(1)(B) and (2) (Aggravated |
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Sexual Assault of a Child); |
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(F) Section 33.021 (Online Solicitation Relating |
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to [of] a Minor); |
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(G) Section 43.25 (Sexual Performance by a |
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Child); or |
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(H) Section 43.26 (Possession or Promotion of |
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Child Pornography), Penal Code; or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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SECTION 2.02. Article 62.001(5), Code of Criminal |
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Procedure, is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.09 (Bestiality), 21.11 |
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(Indecency with a child), 22.011 (Sexual assault), 22.021 |
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(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), |
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Penal Code; |
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(B) a violation of Section 43.04 (Aggravated |
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promotion of prostitution), 43.05 (Compelling prostitution), 43.25 |
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(Sexual performance by a child), or 43.26 (Possession or promotion |
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of child pornography), Penal Code; |
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(B-1) a violation of Section 43.02 |
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(Prostitution), Penal Code, if the offense is punishable under |
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Subsection (c-1)(2) of that section; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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(G), (J), (K), or (L), but not if the violation results in a |
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deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; |
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(J) a violation of Section 33.021 (Online |
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solicitation relating to [of] a minor), Penal Code; |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 20A.03 (Continuous |
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trafficking of persons), Penal Code, if the offense is based partly |
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or wholly on conduct that constitutes an offense under Section |
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20A.02(a)(3), (4), (7), or (8) of that code. |
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SECTION 2.03. Section 250.006(a), Health and Safety Code, |
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is amended to read as follows: |
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(a) A person for whom the facility or the individual |
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employer is entitled to obtain criminal history record information |
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may not be employed in a facility or by an individual employer if |
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the person has been convicted of an offense listed in this |
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subsection: |
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(1) an offense under Chapter 19, Penal Code (criminal |
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homicide); |
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(2) an offense under Chapter 20, Penal Code |
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(kidnapping, unlawful restraint, and smuggling of persons); |
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(3) an offense under Section 21.02, Penal Code |
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(continuous sexual abuse of young child or children), or Section |
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21.11, Penal Code (indecency with a child); |
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(4) an offense under Section 22.011, Penal Code |
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(sexual assault); |
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(5) an offense under Section 22.02, Penal Code |
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(aggravated assault); |
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(6) an offense under Section 22.04, Penal Code (injury |
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to a child, elderly individual, or disabled individual); |
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(7) an offense under Section 22.041, Penal Code |
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(abandoning or endangering child); |
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(8) an offense under Section 22.08, Penal Code (aiding |
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suicide); |
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(9) an offense under Section 25.031, Penal Code |
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(agreement to abduct from custody); |
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(10) an offense under Section 25.08, Penal Code (sale |
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or purchase of child); |
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(11) an offense under Section 28.02, Penal Code |
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(arson); |
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(12) an offense under Section 29.02, Penal Code |
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(robbery); |
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(13) an offense under Section 29.03, Penal Code |
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(aggravated robbery); |
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(14) an offense under Section 21.08, Penal Code |
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(indecent exposure); |
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(15) an offense under Section 21.12, Penal Code |
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(improper relationship between educator and student); |
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(16) an offense under Section 21.15, Penal Code |
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(invasive visual recording); |
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(17) an offense under Section 22.05, Penal Code |
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(deadly conduct); |
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(18) an offense under Section 22.021, Penal Code |
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(aggravated sexual assault); |
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(19) an offense under Section 22.07, Penal Code |
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(terroristic threat); |
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(20) an offense under Section 32.53, Penal Code |
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(exploitation of child, elderly individual, or disabled |
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individual); |
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(21) an offense under Section 33.021, Penal Code |
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(online solicitation relating to [of] a minor); |
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(22) an offense under Section 34.02, Penal Code (money |
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laundering); |
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(23) an offense under Section 35A.02, Penal Code |
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(health care fraud); |
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(24) an offense under Section 36.06, Penal Code |
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(obstruction or retaliation); |
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(25) an offense under Section 42.09, Penal Code |
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(cruelty to livestock animals), or under Section 42.092, Penal Code |
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(cruelty to nonlivestock animals); or |
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(26) a conviction under the laws of another state, |
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federal law, or the Uniform Code of Military Justice for an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed by this subsection. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect September 1, 2021. |