By Wise                                                H.B. No. 225
         77R1906 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, 2001.