By Maxey                                              H.B. No. 2306
         76R7634 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of prostitution and
 1-3     requiring treatment of persons convicted of that offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 43.02(c), Penal Code, is amended to read
 1-6     as follows:
 1-7           (c)  An offense under this section is a Class B misdemeanor,
 1-8     unless the actor has been convicted previously under this section,
 1-9     in which  event it is a Class A misdemeanor.  Notwithstanding the
1-10     designation of punishments under this subsection, the court may
1-11     impose a fine not to exceed $5,000 rather than a fine not exceeding
1-12     the limits established under Chapter 12 for Class B and Class A
1-13     misdemeanors.  In imposing a fine under this subsection, the court
1-14     shall consider:
1-15                 (1)  the actor's employment status, earning ability,
1-16     and financial resources; and
1-17                 (2)  any other special circumstances that may affect
1-18     the actor's ability to pay, including any financial
1-19     responsibilities owed by the defendant to dependents.
1-20           SECTION 2.  Section 11, Article 42.12, Code of Criminal
1-21     Procedure, is amended by adding Subsection (g) to read as follows:
1-22           (g)  If a court grants community supervision to a defendant
1-23     convicted of an offense under Section 43.02, Penal Code, the court
1-24     shall require the defendant to participate in:
 2-1                 (1)  an alcohol or substance abuse program approved by
 2-2     the Texas Commission on Alcohol and Drug Abuse;
 2-3                 (2)  a job training program approved by the Texas
 2-4     Workforce Commission;
 2-5                 (3)  a remedial education program approved by the Texas
 2-6     Workforce Commission or the Texas Education Agency;
 2-7                 (4)  a mental health service program approved by the
 2-8     Texas Department of Mental Health and Mental Retardation; or
 2-9                 (5)  any other program approved by the court that is
2-10     similar to a program described by Subdivisions (1)-(4).
2-11           SECTION 3.  Article 103.004(b), Code of Criminal Procedure,
2-12     is amended to read as follows:
2-13           (b)  The custodian of the county treasury shall deposit money
2-14     received from fees imposed under Article 102.012 of this code and
2-15     fines collected under Section 43.02, Penal Code, in the special
2-16     fund of the county treasury for the  community supervision and
2-17     corrections department serving the county.
2-18           SECTION 4.  (a)  The change in law made by this Act applies
2-19     only to an offense committed on or after the effective date of this
2-20     Act.  For purposes of this section, an offense is committed before
2-21     the effective date of this Act if any element of the offense occurs
2-22     before the effective date.
2-23           (b)  An offense committed before the effective date of this
2-24     Act is covered by the law in effect when the offense was committed,
2-25     and the former law is continued in effect for that purpose.
2-26           SECTION 5.  This Act takes effect September 1, 1999.
2-27           SECTION 6.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.