By:  Wise                                                         H.B. No. 67 



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of offenses related to 
prostitution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 43.01(4), Penal Code, is amended to read 
as follows:    
		(4)  "Sexual conduct" means sexual contact, actual or 
simulated sexual intercourse, deviate sexual intercourse, sexual 
bestiality, masturbation, or sadomasochistic abuse [includes 
deviate sexual intercourse, sexual contact, and sexual 
intercourse].
	SECTION 2.   Sections 43.02(a) and (b), Penal Code, are 
amended to read as follows:
	(a)  A person commits an offense if the person [he] 
knowingly:
		(1)  offers to engage, agrees to engage, or engages in 
sexual conduct for a benefit [fee]; or
		(2)  solicits another in a public place to engage with 
the actor [him] in sexual conduct for hire.
	(b)  An offense is established under Subsection (a)(1) 
whether the actor is to receive or pay a benefit [fee].  An offense 
is established under Subsection (a)(2) whether the actor solicits a 
person to hire the actor [him] or offers to hire the person 
solicited.
	SECTION 3.   Section 43.03, Penal Code, is amended to read as 
follows:       
	Sec. 43.03.  PROMOTION OF PROSTITUTION.  (a)  A person 
commits an offense if, acting other than as a prostitute receiving a 
benefit [compensation] for personally rendered prostitution 
services, the person [he or she] knowingly:
		(1)  receives money or another benefit [other property] 
pursuant to an agreement to participate in the proceeds of 
prostitution; or
		(2)  solicits another to engage in sexual conduct with 
another person for a benefit [compensation].
	(b)  An offense under this section is a Class A misdemeanor 
unless the prostitute is a person younger than 18 years, in which 
event the offense is a felony of the third degree.
	SECTION 4.   Section 43.05(a), Penal Code, is amended to read 
as follows:    
	(a)  A person commits an offense if the person [he] 
knowingly:
		(1)  causes another by force, threat, or fraud to 
commit prostitution; or   
		(2)  causes by any means a person younger than 18 [17] 
years to commit prostitution.
	SECTION 5.   Subchapter A, Chapter 43, Penal Code, is amended 
by adding Section 43.051 to read as follows:
	Sec. 43.051.  PARENTAL RESPONSIBILITY. (a)  A parent or 
legal guardian or custodian of a minor younger than 18 years commits 
an offense if the person knowingly permits the minor to commit 
prostitution.
	(b)  An offense under this section is a felony of the third 
degree.   
	SECTION 6.    The changes in law made by Sections 1-4 of 
this Act apply only to an offense committed on or after the 
effective date of this Act. An offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose. For purposes of this section, an offense was 
committed before the effective date of this Act if any element of 
the offense occurred before that date.
	SECTION 7.   This Act takes effect September 1, 2003.