By Dutton                                              H.B. No. 988
         77R4430 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of the offense of
 1-3     prostitution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 43.01, Penal Code, is amended by adding
 1-6     Subdivision (6) to read as follows:
 1-7                 (6)  "Traffic area" means any physical space listed in
 1-8     and defined by Section 541.302, Transportation Code.
 1-9           SECTION 2. Section 43.02, Penal Code, is amended to read as
1-10     follows:
1-11           Sec. 43.02.  PROSTITUTION. (a)  A person commits an offense
1-12     if, while in any traffic area, the person [he] knowingly:
1-13                 (1)  offers to engage, agrees to engage, or engages in
1-14     sexual conduct for a fee; or
1-15                 (2)  solicits another [in a public place] to engage
1-16     with the person [him] in sexual conduct for hire.
1-17           (b)  An offense is established under Subsection (a)(1)
1-18     whether the actor is to receive or pay a fee.  An offense is
1-19     established under Subsection (a)(2) whether the actor solicits a
1-20     person to hire the actor [him] or offers to hire the person
1-21     solicited.
1-22           (c)  An offense under this section is a felony of the third
1-23     degree [Class B misdemeanor, unless the actor has been convicted
1-24     previously under this section, in which event it is a Class A
 2-1     misdemeanor].
 2-2           SECTION 3. Section 43.03, Penal Code, is amended to read as
 2-3     follows:
 2-4           Sec. 43.03.  PROMOTION OF PROSTITUTION. (a)  A person commits
 2-5     an offense if, acting other than as a prostitute receiving
 2-6     compensation for personally rendered prostitution services, the
 2-7     person [he or she] knowingly:
 2-8                 (1)  receives money or other property pursuant to an
 2-9     agreement to participate in the proceeds of prostitution; or
2-10                 (2)  solicits another to engage in sexual conduct with
2-11     another person for compensation.
2-12           (b)  An offense under this section is a felony of the second
2-13     degree [Class A misdemeanor].
2-14           SECTION 4. Section 43.04, Penal Code, is amended to read as
2-15     follows:
2-16           Sec. 43.04.  AGGRAVATED PROMOTION OF PROSTITUTION. (a)  A
2-17     person commits an offense if the person [he] knowingly owns,
2-18     invests in, finances, controls, supervises, or manages a
2-19     prostitution enterprise that uses two or more prostitutes.
2-20           (b)  An offense under this section is a felony of the second
2-21     [third] degree.
2-22           SECTION 5. This Act takes effect September 1, 2001, and
2-23     applies only to an offense committed on or  after  that  date.  An
2-24     offense  committed before the effective date of this Act is covered
2-25     by the law in effect when the offense was committed, and the former
2-26     law is continued in effect for that purpose. For purposes of this
2-27     section, an offense was committed before the effective date of this
 3-1     Act if any element of the offense occurred before that date.