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.