By Wise H.B. No. 292
76R2287 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 the person [he]
1-15 knowingly:
1-16 (1) offers to engage, agrees to engage, or engages in
1-17 sexual conduct for a benefit [fee]; or
1-18 (2) solicits another in a public place to engage with
1-19 the actor [him] in sexual conduct for hire.
1-20 (b) An offense is established under Subsection (a)(1)
1-21 whether the actor is to receive or pay a benefit [fee]. An offense
1-22 is established under Subsection (a)(2) whether the actor solicits a
1-23 person to hire the actor [him] or offers to hire the person
1-24 solicited.
2-1 SECTION 3. Section 43.03, Penal Code, is amended to read as
2-2 follows:
2-3 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
2-4 commits an offense if, acting other than as a prostitute receiving
2-5 a benefit [compensation] for personally rendered prostitution
2-6 services, the person [he or she] knowingly:
2-7 (1) receives money or another benefit [other property]
2-8 pursuant to an agreement to participate in the proceeds of
2-9 prostitution; or
2-10 (2) solicits another to engage in sexual conduct with
2-11 another person for a benefit [compensation].
2-12 (b) An offense under this section is a Class A misdemeanor
2-13 unless the prostitute is a person younger than 18 years, in which
2-14 event the offense is a felony of the third degree.
2-15 SECTION 4. Section 43.05(a), Penal Code, is amended to read
2-16 as follows:
2-17 (a) A person commits an offense if the person [he]
2-18 knowingly:
2-19 (1) causes another by force, threat, or fraud to
2-20 commit prostitution; or
2-21 (2) causes by any means a person younger than 18 [17]
2-22 years to commit prostitution.
2-23 SECTION 5. Subchapter A, Chapter 43, Penal Code, is amended
2-24 by adding Section 43.051 to read as follows:
2-25 Sec. 43.051. PARENTAL RESPONSIBILITY. (a) A parent or
2-26 legal guardian or custodian of a minor younger than 18 years
2-27 commits an offense if the person knowingly permits the minor to
3-1 commit prostitution.
3-2 (b) An offense under this section is a felony of the third
3-3 degree.
3-4 SECTION 6. The changes in law made by Sections 1-4 of this
3-5 Act apply only to an offense committed on or after the effective
3-6 date of this Act. An offense committed before the effective date
3-7 of this Act is covered by the law in effect when the offense was
3-8 committed, and the former law is continued in effect for that
3-9 purpose. For purposes of this section, an offense was committed
3-10 before the effective date of this Act if any element of the offense
3-11 occurred before that date.
3-12 SECTION 7. This Act takes effect September 1, 1999.
3-13 SECTION 8. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.