By Wise H.B. No. 1913
75R6099 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of offenses related to
1-3 prostitution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.01(4), Penal Code, is amended to read
1-6 as follows:
1-7 (4) "Sexual conduct" means sexual contact, actual or
1-8 simulated sexual intercourse, deviate sexual intercourse, sexual
1-9 bestiality, masturbation, or sadomasochistic abuse [includes
1-10 deviate sexual intercourse, sexual contact, and sexual
1-11 intercourse].
1-12 SECTION 2. Sections 43.02(a) and (b), Penal Code, are
1-13 amended to read as follows:
1-14 (a) A person commits an offense if he knowingly:
1-15 (1) offers to engage, agrees to engage, or engages in
1-16 sexual conduct for a benefit [fee]; or
1-17 (2) solicits another in a public place to engage with
1-18 him in sexual conduct for hire.
1-19 (b) An offense is established under Subsection (a)(1)
1-20 whether the actor is to receive or pay a benefit [fee]. An offense
1-21 is established under Subsection (a)(2) whether the actor solicits a
1-22 person to hire him or offers to hire the person solicited.
1-23 SECTION 3. Section 43.03, Penal Code, is amended to read as
1-24 follows:
2-1 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
2-2 commits an offense if, acting other than as a prostitute receiving
2-3 a benefit [compensation] for personally rendered prostitution
2-4 services, he or she knowingly:
2-5 (1) receives money or another benefit [other property]
2-6 pursuant to an agreement to participate in the proceeds of
2-7 prostitution; or
2-8 (2) solicits another to engage in sexual conduct with
2-9 another person for a benefit [compensation].
2-10 (b) An offense under this section is a Class A misdemeanor
2-11 unless the prostitute is a person younger than 18 years, in which
2-12 event the offense is a felony of the third degree.
2-13 SECTION 4. Section 43.05(a), Penal Code, is amended to read
2-14 as follows:
2-15 (a) A person commits an offense if he knowingly:
2-16 (1) causes another by force, threat, or fraud to
2-17 commit prostitution; or
2-18 (2) causes by any means a person younger than 18 [17]
2-19 years to commit prostitution.
2-20 SECTION 5. Subchapter A, Chapter 43, Penal Code, is amended
2-21 by adding Section 43.051 to read as follows:
2-22 Sec. 43.051. PARENTAL RESPONSIBILITY. (a) A parent or
2-23 legal guardian or custodian of a minor younger than 18 years
2-24 commits an offense if the person knowingly permits the minor to
2-25 commit prostitution.
2-26 (b) An offense under this section is a felony of the third
2-27 degree.
3-1 SECTION 6. (a) The changes in law made by Sections 1-4 of
3-2 this Act apply only to an offense committed on or after the
3-3 effective date of this Act. For purposes of this section, an
3-4 offense is committed before the effective date of this Act if any
3-5 element of the offense occurs before the effective date.
3-6 (b) An offense committed before the effective date of this
3-7 Act is covered by the law in effect when the offense was committed,
3-8 and the former law is continued in effect for that purpose.
3-9 SECTION 7. This Act takes effect September 1, 1997.
3-10 SECTION 8. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.