78R3828 KCR-D

By:  Thompson                                                     H.B. No. 2175



A BILL TO BE ENTITLED

AN ACT

relating to the punishment of certain offenses involving 
prostitution.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.03(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a Class A misdemeanor, 
except that the offense is a felony of the first degree if it is 
shown on the trial of the offense that:
		(1)  money or property received under Subsection (a)(1) 
was the proceeds of prostitution engaged in by a person younger than 
17 years of age; or
		(2)  the person solicited to engage in sexual conduct 
was younger than 17 years of age.
	SECTION 2.  Section 43.04(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a felony of the third 
degree, except that the offense is a felony of the first degree if 
it is shown on the trial of the offense that the prostitution 
enterprise uses a prostitute who is younger than 17 years of age.
	SECTION 3.  Section 43.05(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under Subsection (a)(1) [this section] is a 
felony of the second degree.  An offense under Subsection (a)(2) is 
a felony of the first degree.
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense occurred before that date.