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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for trafficking of persons, online |
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solicitation of a minor, and prostitution and warning signs |
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regarding certain penalties for trafficking of persons; increasing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the No Trafficking Zone |
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Act. |
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SECTION 2. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.086 to read as follows: |
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Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED |
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TRAFFICKING PENALTIES. (a) In this section: |
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(1) "Premises" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(2) "School" means a public or private primary or |
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secondary school. |
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(b) Each school shall post warning signs of the increased |
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penalties for trafficking of persons under Section 20A.02(b-1)(2), |
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Penal Code, at the following locations: |
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(1) parallel to and along the exterior boundaries of |
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the school's premises; |
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(2) at each roadway or other way of access to the |
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premises; |
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(3) for premises not fenced, at least every five |
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hundred feet along the exterior boundaries of the premises; |
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(4) at each entrance to the premises; and |
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(5) at conspicuous places reasonably likely to be |
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viewed by all persons entering the premises. |
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(c) The agency, in consultation with the human trafficking |
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prevention task force created under Section 402.035, Government |
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Code, shall adopt rules regarding the placement, installation, |
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design, size, wording, and maintenance procedures for the warning |
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signs required under this section. The rules must require that each |
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warning sign: |
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(1) include a description of the provisions of Section |
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20A.02(b-1), Penal Code, including the penalties for violating that |
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section; |
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(2) be written in English and Spanish; and |
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(3) be at least 8-1/2 by 11 inches in size. |
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(d) The agency shall provide each school without charge the |
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number of warning signs required to comply with this section and |
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rules adopted under this section. If the agency is unable to |
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provide each school with the number of signs necessary to comply |
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with Subsection (b), the agency may: |
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(1) provide to a school fewer signs than the number |
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necessary to comply with that section; and |
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(2) prioritize distribution of signs to schools based |
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on reports of criminal activity in the areas near that school. |
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SECTION 3. Section 20A.01, Penal Code, is amended by adding |
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Subdivisions (2-a) and (2-b) to read as follows: |
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(2-a) "Premises" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(2-b) "School" means a public or private primary or |
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secondary school. |
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SECTION 4. Section 20A.02, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as otherwise provided by this subsection and |
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Subsection (b-1), an offense under this section is a felony of the |
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second degree. An offense under this section is a felony of the |
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first degree if: |
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(1) the applicable conduct constitutes an offense |
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under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child at the time of the offense; |
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(2) the commission of the offense results in the death |
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of the person who is trafficked; or |
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(3) the commission of the offense results in the death |
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of an unborn child of the person who is trafficked. |
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(b-1) An offense under this section is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 25 years if it is shown on the trial of the offense that |
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the actor committed the offense in a location that was: |
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(1) on the premises of or within 1,000 feet of the |
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premises of a school; or |
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(2) on premises or within 1,000 feet of premises |
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where: |
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(A) an official school function was taking place; |
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or |
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(B) an event sponsored or sanctioned by the |
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University Interscholastic League was taking place. |
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SECTION 5. Section 33.021, Penal Code, is amended by adding |
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Subsection (f-1) to read as follows: |
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(f-1) The punishment for an offense under this section is |
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increased to the punishment prescribed for the next higher category |
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of offense if it is shown on the trial of the offense that: |
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(1) the actor committed the offense during regular |
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public or private primary or secondary school hours; and |
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(2) the actor knew or reasonably should have known |
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that the minor was enrolled in a public or private primary or |
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secondary school at the time of the offense. |
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SECTION 6. Section 43.01, Penal Code, is amended by adding |
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Subdivisions (1-f) and (2-a) to read as follows. |
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(1-f) "Premises" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(2-a) "School" means a public or private primary or |
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secondary school. |
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SECTION 7. Section 43.02, Penal Code, is amended by adding |
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Subsection (c-2) to read as follows: |
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(c-2) The punishment prescribed for an offense under |
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Subsection (b) is increased to the punishment prescribed for the |
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next highest category of offense if it is shown on the trial of the |
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offense that the actor committed the offense in a location that was: |
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(1) on the premises of or within 1,000 feet of the |
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premises of a school; or |
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(2) on premises or within 1,000 feet of premises |
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where: |
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(A) an official school function was taking place; |
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or |
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(B) an event sponsored or sanctioned by the |
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University Interscholastic League was taking place. |
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SECTION 8. The Texas Education Agency is required to |
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implement the change in law made by Section 37.086(d), Education |
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Code, as added by this Act, only if the legislature appropriates |
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money specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the agency may, |
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but is not required to, implement the change in law made by Section |
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37.086(d), Education Code, as added by this Act, using other |
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appropriations available for that purpose. |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2021. |