Office of House Bill AnalysisH.B. 292
By: Wise
Criminal Jurisprudence


Terms used in the litigation of many types of suits, including sexual
offense cases, often may need statutory redefining after courts have had an
opportunity to review them.  H.B. 292 redefines "sexual conduct" and
substitutes "benefit" or "benefits" for various other words deemed more
limiting.  H.B. 292 also provides that a 17-year-old person is included in
the protection provided by the offense of compelling prostitution, and
makes it an offense for a parent, legal guardian, or custodian to knowingly
permit a minor to commit prostitution. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Section 43.01(4), Penal Code, by redefining "sexual
conduct" to mean sexual contact, actual or simulated sexual intercourse,
deviate sexual intercourse, sexual bestiality, masturbation, or
sadomasochistic abuse. 

SECTION 2.  Amends Section 43.02(a) and (b), Penal Code, to provide that a
benefit, rather than a fee, is the measure of compensation necessary to be
received for offering to engage, agreeing to engage, or engaging in sexual
conduct to be an offense under this section.  An offense under this Section
is a Class B Misdemeanor.  Makes a conforming change. 

SECTION 3.  Amends Section 43.03, Penal Code, to provide that another
benefit, rather than other property, in addition to money, is the level of
compensation necessary to be received pursuant to an agreement to
participate in the proceeds of prostitution, by a person acting other than
as a prostitute, to be an offense under this section. Makes an offense
under this section a felony of the third degree if the prostitute is a
person younger than 18 years, rather than a Class A Misdemeanor.  Makes
conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 43.05(a) to provide that a person commits an
offense if the person causes by any means a person younger than 18, rather
than 17, years to commit prostitution. 

SECTION 5.  Amends Subchapter A, Chapter 43, Penal Code, by adding Section
43.051, as follows: 

Sec.  43.051.  PARENTAL RESPONSIBILITY.  Makes it a felony of the third
degree for a parent or legal guardian or custodian of a minor younger than
18 years to knowingly permit the minor to commit prostitution. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.