1-1     By:  Hamric (Senate Sponsor - Lucio)                  H.B. No. 2978
 1-2           (In the Senate - Received from the House May 14, 1999;
 1-3     May 14, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to requiring an individual convicted of or receiving
 1-9     deferred adjudication for the offense of prostitution to undergo
1-10     certain medical tests and to the creation of the offense of
1-11     engaging in prostitution while knowingly infected with certain
1-12     diseases.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 43.02, Penal Code, is amended to read as
1-15     follows:
1-16           Sec. 43.02.  PROSTITUTION.  (a)  A person commits an offense
1-17     if he knowingly:
1-18                 (1)  offers to engage, agrees to engage, or engages in
1-19     sexual conduct for a fee; or
1-20                 (2)  solicits another in a public place to engage with
1-21     him in sexual conduct for hire.
1-22           (b)  A person commits an offense if the person knows he or
1-23     she has acquired immune deficiency syndrome (AIDS) or human
1-24     immunodeficiency virus (HIV) infection, antibodies to HIV, or
1-25     infection with any other probable causative agent of AIDS, and the
1-26     person knowingly:
1-27                 (1)  offers to engage, agrees to engage, or engages in
1-28     sexual conduct for a fee; or
1-29                 (2)  solicits another in a public place to engage with
1-30     him or her in sexual conduct for hire.
1-31           (c)  An offense is established under Subsection (a)(1) or
1-32     (b)(1) whether the actor is to receive or pay a fee.  An offense is
1-33     established under Subsection (a)(2) or (b)(2) whether the actor
1-34     solicits a person to hire him or offers to hire the person
1-35     solicited.
1-36           (d) [(c)]  An offense under Subsection (a) [this section] is
1-37     a Class B misdemeanor, unless the actor  has been convicted
1-38     previously under this section, in which event it is a Class A
1-39     misdemeanor.  An offense under Subsection (b) is a felony of the
1-40     third degree.
1-41           SECTION 2.  Chapter 42, Code of Criminal Procedure, is
1-42     amended by adding Article 42.038 to read as follows:
1-43           Art. 42.038.  AIDS TESTING.  (a)  A defendant who is
1-44     convicted of or receives deferred adjudication for an offense under
1-45     Section 43.02, Penal Code, shall, at the direction of the court,
1-46     undergo a medical procedure or test designed to show or help show
1-47     whether the defendant has a sexually transmitted disease or has
1-48     acquired immune deficiency syndrome (AIDS) or human
1-49     immunodeficiency virus (HIV) infection, antibodies to HIV, or
1-50     infection with any other probable causative agent of AIDS.  If the
1-51     defendant refuses to submit voluntarily to the procedure or test,
1-52     the court shall require the defendant to submit to the procedure or
1-53     test.  The person performing the procedure or test shall make the
1-54     test results available to the local health authority, and the local
1-55     health authority shall be required to make the notification of the
1-56     test results to the defendant and provide with the notification
1-57     information on HIV treatment options.  The results and treatment
1-58     options information must be provided in English and Spanish.  The
1-59     state may use the fact that a medical procedure or test was
1-60     performed on a defendant under this subsection or use the results
1-61     of the procedure or test in any subsequent prosecution of the
1-62     defendant for an offense under Section 43.02, Penal Code.
1-63           (b)  Testing under this article shall be conducted in
1-64     accordance with written infectious disease control protocols
 2-1     adopted by the Texas Board of Health that clearly establish
 2-2     procedural guidelines that provide criteria for testing and that
 2-3     respect the rights of the defendant and the victims of the alleged
 2-4     offense.
 2-5           (c)  This article does not permit a court to release a test
 2-6     result to anyone other than a person to whom the court is
 2-7     specifically authorized by this article to release the result.
 2-8           SECTION 3.  Subchapter A, Chapter 102, Code of Criminal
 2-9     Procedure, is amended by adding Article 102.020 to read as follows:
2-10           Art. 102.020.  AIDS TESTS.  (a)  A defendant convicted of an
2-11     offense under Section 43.02, Penal Code, shall pay a fee that
2-12     equals the cost paid by the county for a medical procedure or test
2-13     performed on the defendant under Article 42.038, not to exceed
2-14     $100.
2-15           (b)  In this article, a person is considered to have been
2-16     convicted in a case if:
2-17                 (1)  a sentence is imposed; or
2-18                 (2)  the defendant receives community supervision or
2-19     deferred adjudication.
2-20           SECTION 4.  Section 81.102(a), Health and Safety Code, is
2-21     amended to read as follows:
2-22           (a)  A person may not require another person to undergo a
2-23     medical procedure or test designed to determine or help determine
2-24     if a person has AIDS or HIV infection, antibodies to HIV, or
2-25     infection with any other probable causative agent of AIDS unless:
2-26                 (1)  the medical procedure or test is required under
2-27     Subsection (d), under Section 81.050, or under Article 21.31 or
2-28     42.038, Code of Criminal Procedure;
2-29                 (2)  the medical procedure or test is required under
2-30     Section 81.090, and no objection has been made under Section
2-31     81.090(l);
2-32                 (3)  the medical procedure or test is authorized under
2-33     Article 21.21-4, Insurance Code;
2-34                 (4)  a medical procedure is to be performed on the
2-35     person that could expose health care personnel to AIDS or HIV
2-36     infection, according to board guidelines defining the conditions
2-37     that constitute possible exposure to AIDS or HIV infection, and
2-38     there is sufficient time to receive the test result before the
2-39     procedure is conducted; or
2-40                 (5)  the medical procedure or test is necessary:
2-41                       (A)  as a bona fide occupational qualification
2-42     and there is not a less discriminatory means of satisfying the
2-43     occupational qualification;
2-44                       (B)  to screen blood, blood products, body
2-45     fluids, organs, or tissues to determine suitability for donation;
2-46                       (C)  in relation to a particular person under
2-47     this chapter;
2-48                       (D)  to manage accidental exposure to blood or
2-49     other body fluids, but only if the test is conducted under written
2-50     infectious disease control protocols adopted by the health care
2-51     agency or facility;
2-52                       (E)  to test residents and clients of residential
2-53     facilities of the Texas Department of Mental Health and Mental
2-54     Retardation, but only if:              
2-55                             (i)  the test result would change the
2-56     medical or social management of the person tested or others who
2-57     associated with that person; and
2-58                             (ii)  the test is conducted in accordance
2-59     with guidelines adopted by the residential facility or the Texas
2-60     Department of Mental Health and Mental Retardation and approved by
2-61     the department; or
2-62                       (F)  to test residents and clients of residential
2-63     facilities of the Texas Youth Commission, but only if:
2-64                             (i)  the test result would change the
2-65     medical or social management of the person tested or others who
2-66     associate with that person; and
2-67                             (ii)  the test is conducted in accordance
2-68     with guidelines adopted by the Texas Youth Commission.
2-69           SECTION 5.  (a)  The change in law made by this Act applies
 3-1     only to an offense committed on or after the effective date of this
 3-2     Act.  For purposes of this section, an offense is committed before
 3-3     the effective date of this Act if any element of the offense occurs
 3-4     before the effective date.
 3-5           (b)  An offense committed before the effective date of this
 3-6     Act is covered by the law in effect when the offense was committed,
 3-7     and the former law is continued in effect for that purpose.
 3-8           SECTION 6.  This Act takes effect September 1, 1999.
 3-9           SECTION 7.  The importance of this legislation and the
3-10     crowded condition of the calendars in both houses create an
3-11     emergency and an imperative public necessity that the
3-12     constitutional rule requiring bills to be read on three several
3-13     days in each house be suspended, and this rule is hereby suspended.
3-14                                  * * * * *