Amend CSHB 2960 (house committee report) as follows:

(1)  Strike page 6, line 23, through page 8, line 6, and substitute the following:

(a)  A person commits an offense if[, in return for receipt of a fee,] the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct[:

[(1)     offers to engage, agrees to engage, or engages in sexual conduct; or

[(2)     solicits another in a public place to engage with the actor in sexual conduct for hire].

(b)  A person commits an offense if[, based on the payment of a fee by the actor or another person on behalf of the actor,] the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another[:

[(1)     offers to engage, agrees to engage, or engages in sexual conduct; or

[(2)     solicits another in a public place to engage with the actor in sexual conduct for hire].

(c)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or

(2)  a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

(c-1)  An offense under Subsection (b) is a Class B misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (b);

(2)  a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (b); or

(3)  a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct [solicited] is:

(A)  younger than 18 years of age, regardless of whether the actor knows the age of the person [solicited] at the time of [the actor commits] the offense;

(B)  represented to the actor as being younger than 18 years of age; or

(C)  believed by the actor to be younger than 18 years of age.

(2)  Strike page 9, line 21, through page 10, line 13, and substitute the following:

SECTION 10.  Section 43.04(b), Penal Code, is amended to read as follows:

(b)  An offense under this section is a felony of the second [third] degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of [the actor commits] the offense.