This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.



	
Amend CSHB 2034 (Senate committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering the subsequent SECTIONS of the bill accordingly:
	SECTION ___.  Section 841.002, Health and Safety Code, is 
amended by amending Subdivisions (1) and (5) and adding Subdivision 
(3-a) to read as follows:
		(1)  "Attorney representing the state" means an 
attorney employed by the civil division of the special [prison] 
prosecution unit to initiate and pursue a civil commitment 
proceeding under this chapter.
		(3-a)  "Civil commitment proceeding" means a trial or 
hearing conducted under Subchapter D, F, or G.
		(5)  "Predatory act" means an act [that is committed 
for the purpose of victimization and that is] directed toward 
individuals, including family members,[:
			[(A)  a stranger;                                           
			[(B)  a person of casual acquaintance with whom no 
substantial relationship exists; or
			[(C)  a person with whom a relationship has been 
established or promoted] for the primary purpose of victimization.
	SECTION ___.  Section 841.004, Health and Safety Code, is 
amended to read as follows:
	Sec. 841.004.  SPECIAL [PRISON] PROSECUTION UNIT.  The civil
[A special] division of the special [prison] prosecution unit, 
separate from that part of the unit responsible for prosecuting 
criminal cases, is responsible for initiating and pursuing a civil 
commitment proceeding under this chapter.
	SECTION ___.  (a)  Section 841.061, Health and Safety Code, 
is amended by adding Subsection (g) to read as follows:
	(g)  A judge assigned to preside over a trial under this 
subchapter is not subject to an objection under Section 74.053, 
Government Code, other than an objection made under Section 
74.053(d), Government Code.
	(b)  Notwithstanding any other provision of this Act, this 
section takes effect immediately if this Act receives a vote of 
two-thirds of all the members elected to each house, as provided by 
Section 39, Article III, Texas Constitution.  If this Act does not 
receive the vote necessary for immediate effect, this section takes 
effect September 1, 2007.
	SECTION ___.  Section 841.085, Health and Safety Code, is 
amended to read as follows:
	Sec. 841.085.  CRIMINAL PENALTY; PROSECUTION OF OFFENSE.  
(a)  A person commits an offense if, after having been adjudicated 
and civilly committed as a sexually violent predator under this 
chapter, the person violates a civil commitment requirement imposed 
under Section 841.082.
	(b)  An offense under this section is a felony of the third 
degree.   
	(c)  At the request of the local prosecuting attorney, an 
attorney employed by the civil division of the special prosecution 
unit described by Section 841.004 may assist in the trial of an 
offense under this section.
	SECTION ___.  Section 841.147, Health and Safety Code, is 
amended to read as follows:
	Sec. 841.147.  IMMUNITY.  The following persons are immune 
from liability for good faith conduct under this chapter:
		(1)  an employee or officer of the Texas Department of 
Criminal Justice, the [Texas] Department of State Health Services
[Mental Health and Mental Retardation], the Department of Aging and 
Disability Services [Texas Department of Health], or the council;
		(2)  a member of the multidisciplinary team established 
under Section 841.022;
		(3)  an employee of the civil division of the special
[prison] prosecution unit charged with initiating and pursuing 
civil commitment proceedings under this chapter; and
		(4)  a person providing, or contracting, appointed, or 
volunteering to perform, a tracking service or another service 
under this chapter.
	SECTION ___.  Chapter 13, Code of Criminal Procedure, is 
amended by adding Article 13.315 to read as follows:
	Art. 13.315.  FAILURE TO COMPLY WITH SEXUALLY VIOLENT 
PREDATOR CIVIL COMMITMENT REQUIREMENT.  An offense under Section 
841.085, Health and Safety Code, may be prosecuted in the county in 
which any element of the offense occurs or in Montgomery County.
	SECTION ___.  (a)  Except as provided by Subsection (b) of 
this section, the change in law made by this Act applies only to an 
individual who on or after September 1, 2007, is serving a sentence 
in the Texas Department of Criminal Justice or is committed to the 
Department of State Health Services or the Department of Aging and 
Disability Services for an offense committed before, on, or after 
the effective date of this Act.
	(b)  The change in law made by this Act in adding Subsection 
(g), Section 841.061, Health and Safety Code, applies to a petition 
alleging predator status that is filed on or after the effective 
date of this Act.