86R6165 JSC-F
 
  By: Thompson of Harris H.B. No. 15
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of, penalties for, and other
  consequences of prostitution, trafficking of persons, and related
  criminal offenses, the admissibility of evidence in the
  prosecutions of those offenses, and orders of nondisclosure for
  persons who committed certain of those offenses; regulating
  occupations and property to prevent and respond to those criminal
  offenses, including requiring a student occupational permit for
  those purposes; authorizing fees; increasing criminal penalties;
  creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF
  PERSONS
         SECTION 1.01.  Section 20A.01, Penal Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a)  "Coercion" as defined by Section 1.07 includes
  destroying, concealing, confiscating, or withholding from a
  person, or threatening to destroy, conceal, confiscate, or withhold
  from a person, the person's actual or purported:
                     (A)  government records; or
                     (B)  identifying information or documents.
         SECTION 1.02.  Section 3.03(b), Penal Code, is amended to
  read as follows:
         (b)  If the accused is found guilty of more than one offense
  arising out of the same criminal episode, the sentences may run
  concurrently or consecutively if each sentence is for a conviction
  of:
               (1)  an offense:
                     (A)  under Section 49.07 or 49.08, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of both sections;
               (2)  an offense:
                     (A)  under Section 33.021 or an offense under
  Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
  against a victim younger than 17 years of age at the time of the
  commission of the offense regardless of whether the accused is
  convicted of violations of the same section more than once or is
  convicted of violations of more than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A) committed against a victim younger than 17
  years of age at the time of the commission of the offense regardless
  of whether the accused is charged with violations of the same
  section more than once or is charged with violations of more than
  one section;
               (3)  an offense:
                     (A)  under Section 21.15 or 43.26, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of both sections;
               (4)  an offense for which the judgment in the case
  contains an affirmative finding under Article 42.0197, Code of
  Criminal Procedure;
               (5)  an offense:
                     (A)  under Section 20A.02, 20A.03, or 43.05,
  regardless of whether the accused is convicted of violations of the
  same section more than once or is convicted of violations of more
  than one section [both sections]; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of more than one section [both sections];
  or
               (6)  an offense:
                     (A)  under Section 22.04(a)(1) or (2) or Section
  22.04(a-1)(1) or (2) that is punishable as a felony of the first
  degree, regardless of whether the accused is convicted of
  violations of the same section more than once or is convicted of
  violations of more than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A) and punishable as described by that
  paragraph, regardless of whether the accused is charged with
  violations of the same section more than once or is charged with
  violations of more than one section.
         SECTION 1.03.  Section 20A.02(a-1), Penal Code, is repealed.
         SECTION 1.04.  The change in law made by this article applies
  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
  governed by the law in effect on the date 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 was
  committed before that date.
  ARTICLE 2.  PENALTIES FOR PROSTITUTION
         SECTION 2.01.  Subchapter K, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.515 to read as follows:
         Art. 42A.515.  COMMUNITY SUPERVISION FOR CERTAIN
  PROSTITUTION OFFENSES. (a)  Except as provided by Subsection (e),
  on a defendant's conviction of a Class B misdemeanor under Section
  43.02(a), Penal Code, the judge shall suspend imposition of the
  sentence and place the defendant on community supervision.
         (b)  Except as provided by Subsection (e), on a defendant's
  conviction of a state jail felony under Section 43.02(c)(2), Penal
  Code, that is punished under Section 12.35(a), Penal Code, the
  judge shall suspend the imposition of the sentence and place the
  defendant on community supervision. This subsection does not apply
  to a defendant who has previously been convicted of any other state
  jail felony under Section 43.02(c)(2), Penal Code, that is punished
  under Section 12.35, Penal Code.
         (c)  A judge who places a defendant on community supervision
  under Subsection (a) or (b) shall require as a condition of
  community supervision that the defendant participate in a
  commercially sexually exploited persons court program established
  under Chapter 126, Government Code, if a program has been
  established for the county or municipality where the defendant
  resides. Sections 126.002(b) and (c), Government Code, do not apply
  with respect to a defendant required to participate in the court
  program under this subsection.
         (d)  A judge who requires a defendant to participate in a
  commercially sexually exploited persons court program under
  Subsection (c) may suspend in whole or in part the imposition of the
  program fee described by Section 126.006, Government Code. 
         (e)  In any case in which the jury assesses punishment, the
  judge must follow the recommendations of the jury in suspending the
  imposition of a sentence or ordering a sentence to be executed.  If
  a jury assessing punishment does not recommend community
  supervision, the judge must order the sentence to be executed in
  whole.
         (f)  The judge may suspend in whole or in part the imposition
  of any fine imposed on conviction.
         SECTION 2.02.  Article 42A.551(d), Code of Criminal
  Procedure, is amended to read as follows:
         (d)  On conviction of a state jail felony punished under
  Section 12.35(a), Penal Code, other than a state jail felony listed
  in Subsection (a) or to which Article 42A.515 applies, subject to
  Subsection (e), the judge may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  order the sentence to be executed:
                     (A)  in whole; or
                     (B)  in part, with a period of community
  supervision to begin immediately on release of the defendant from
  confinement.
         SECTION 2.03.  Article 62.001(5), Code of Criminal
  Procedure, is amended to read as follows:
               (5)  "Reportable conviction or adjudication" means a
  conviction or adjudication, including an adjudication of
  delinquent conduct or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or an adjudication
  for or based on:
                     (A)  a violation of Section 21.02 (Continuous
  sexual abuse of young child or children), 21.09 (Bestiality), 21.11
  (Indecency with a child), 22.011 (Sexual assault), 22.021
  (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
  Penal Code;
                     (B)  a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c-1)(2) [(c-1)(3)] of that section;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
  (G), (J), (K), or (L), but not if the violation results in a
  deferred adjudication;
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication;
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code;
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code; or
                     (L)  a violation of Section 20A.03 (Continuous
  trafficking of persons), Penal Code, if the offense is based partly
  or wholly on conduct that constitutes an offense under Section
  20A.02(a)(3), (4), (7), or (8) of that code.
         SECTION 2.04.  Section 402.035(d), Government Code, is
  amended to read as follows:
         (d)  The task force shall:
               (1)  collaborate, as needed to fulfill the duties of
  the task force, with:
                     (A)  United States attorneys' offices for all of
  the federal districts of Texas; and
                     (B)  special agents or customs and border
  protection officers and border patrol agents of:
                           (i)  the Federal Bureau of Investigation;
                           (ii)  the United States Drug Enforcement
  Administration;
                           (iii)  the Bureau of Alcohol, Tobacco,
  Firearms and Explosives;
                           (iv)  United States Immigration and Customs
  Enforcement; or
                           (v)  the United States Department of
  Homeland Security;
               (2)  collect, organize, and periodically publish
  statistical data on the nature and extent of human trafficking in
  this state, including data described by Subdivisions (4)(A), (B),
  (C), (D), and (E);
               (3)  solicit cooperation and assistance from state and
  local governmental agencies, political subdivisions of the state,
  nongovernmental organizations, and other persons, as appropriate,
  for the purpose of collecting and organizing statistical data under
  Subdivision (2);
               (4)  ensure that each state or local governmental
  agency and political subdivision of the state and each state or
  local law enforcement agency, district attorney, or county attorney
  that assists in the prevention of human trafficking collects
  statistical data related to human trafficking, including, as
  appropriate:
                     (A)  the number of investigations concerning,
  arrests and prosecutions for, and convictions of:
                           (i)  the offense of trafficking of persons;
                           (ii)  the offense of forgery or an offense
  under Chapter 43, Penal Code, if the offense was committed as part
  of a criminal episode involving the trafficking of persons; and
                           (iii)  an offense punishable under Section
  43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
  the offense was committed as part of a criminal episode involving
  the trafficking of persons;
                     (B)  demographic information on persons who are
  convicted of offenses described by Paragraph (A) and persons who
  are the victims of those offenses;
                     (C)  geographic routes by which human trafficking
  victims are trafficked, including routes by which victims are
  trafficked across this state's international border, and
  geographic patterns in human trafficking, including the country or
  state of origin and the country or state of destination;
                     (D)  means of transportation and methods used by
  persons who engage in trafficking to transport their victims; and
                     (E)  social and economic factors that create a
  demand for the labor or services that victims of human trafficking
  are forced to provide;
               (5)  work with the Texas Commission on Law Enforcement
  to develop and conduct training for law enforcement personnel,
  victim service providers, and medical service providers to identify
  victims of human trafficking;
               (6)  work with the Texas Education Agency, the
  Department of Family and Protective Services, and the Health and
  Human Services Commission to:
                     (A)  develop a list of key indicators that a
  person is a victim of human trafficking;
                     (B)  develop a standardized curriculum for
  training doctors, nurses, emergency medical services personnel,
  teachers, school counselors, school administrators, and personnel
  from the Department of Family and Protective Services and the
  Health and Human Services Commission to identify and assist victims
  of human trafficking;
                     (C)  train doctors, nurses, emergency medical
  services personnel, teachers, school counselors, school
  administrators, and personnel from the Department of Family and
  Protective Services and the Health and Human Services Commission to
  identify and assist victims of human trafficking;
                     (D)  develop and conduct training for personnel
  from the Department of Family and Protective Services and the
  Health and Human Services Commission on methods for identifying
  children in foster care who may be at risk of becoming victims of
  human trafficking; and
                     (E)  develop a process for referring identified
  human trafficking victims and individuals at risk of becoming
  victims to appropriate entities for services;
               (7)  on the request of a judge of a county court, county
  court at law, or district court or a county attorney, district
  attorney, or criminal district attorney, assist and train the judge
  or the judge's staff or the attorney or the attorney's staff in the
  recognition and prevention of human trafficking;
               (8)  examine training protocols related to human
  trafficking issues, as developed and implemented by federal, state,
  and local law enforcement agencies;
               (9)  collaborate with state and local governmental
  agencies, political subdivisions of the state, and nongovernmental
  organizations to implement a media awareness campaign in
  communities affected by human trafficking;
               (10)  develop recommendations on how to strengthen
  state and local efforts to prevent human trafficking, protect and
  assist human trafficking victims, curb markets and other economic
  avenues that facilitate human trafficking and investigate and
  prosecute human trafficking offenders;
               (11)  examine the extent to which human trafficking is
  associated with the operation of sexually oriented businesses, as
  defined by Section 243.002, Local Government Code, and the
  workplace or public health concerns that are created by the
  association of human trafficking and the operation of sexually
  oriented businesses;
               (12)  develop recommendations for addressing the
  demand for forced labor or services or sexual conduct involving
  victims of human trafficking, including recommendations for
  increased penalties for individuals who engage or attempt to engage
  in prostitution with victims younger than 18 years of age; and
               (13)  identify and report to the governor and
  legislature on laws, licensure requirements, or other regulations
  that can be passed at the state and local level to curb trafficking
  using the Internet and in sexually oriented businesses.
         SECTION 2.05.  Section 43.02(c-1), Penal Code, is amended to
  read as follows:
         (c-1)  An offense under Subsection (b) is a Class A [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
               (2) [(3)]  a felony of the second degree if the person
  with whom the actor agrees to engage in sexual conduct is:
                     (A)  younger than 18 years of age, regardless of
  whether the actor knows the age of the person at the time of 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.
         SECTION 2.06.  The change in law made by this article applies
  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
  governed by the law in effect on the date 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.
  ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
         SECTION 3.01.  Section 43.01, Penal Code, is amended by
  adding Subdivisions (1-b) and (1-c) to read as follows:
               (1-b)  "Interactive computer service" means any
  information service, system, or access software provider that
  provides or enables computer access to a computer server by
  multiple users, including a service or system that provides access
  to the Internet or a system operated or service offered by a library
  or educational institution.
               (1-c)  "Internet" means the international computer
  network of both federal and nonfederal interoperable packet
  switched data networks.
         SECTION 3.02.  Subchapter A, Chapter 43, Penal Code, is
  amended by adding Sections 43.031 and 43.041 to read as follows:
         Sec. 43.031.  ONLINE PROMOTION OF PROSTITUTION. (a)  A
  person commits an offense if the person owns, manages, or operates
  an interactive computer service with the intent to promote the
  prostitution of another person or facilitate another person to
  engage in prostitution.
         (b)  An offense under this section is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the actor:
               (1)  has been previously convicted of an offense under
  this section or Section 43.041; or
               (2)  engages in conduct described by Subsection (a)
  involving a person younger than 18 years of age engaging in
  prostitution, regardless of whether the actor knows the age of the
  person at the time of the offense.
         Sec. 43.041.  AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.
  (a)  A person commits an offense if the person owns, manages, or
  operates an interactive computer service with the intent to promote
  the prostitution of five or more persons or facilitate five or more
  persons to engage in prostitution.
         (b)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if
  the actor:
               (1)  has been previously convicted of an offense under
  this section; or
               (2)  engages in conduct described by Subsection (a)
  involving two or more persons younger than 18 years of age engaging
  in prostitution, regardless of whether the actor knows the age of
  the persons at the time of the offense.
         SECTION 3.03.  Section 98A.001, Civil Practice and Remedies
  Code, is amended by adding Subdivisions (1-a) and (4-a) to read as
  follows:
               (1-a)  "Aggravated online promotion of prostitution"
  means conduct that constitutes an offense under Section 43.041,
  Penal Code.
               (4-a)  "Online promotion of prostitution" means
  conduct that constitutes an offense under Section 43.031, Penal
  Code.
         SECTION 3.04.  Section 98A.002(a), Civil Practice and
  Remedies Code, is amended to read as follows:
         (a)  A defendant is liable to a victim of compelled
  prostitution, as provided by this chapter, for damages arising from
  the compelled prostitution if the defendant:
               (1)  engages in compelling prostitution with respect to
  the victim;
               (2)  knowingly or intentionally engages in promotion of
  prostitution, online promotion of prostitution, aggravated
  promotion of prostitution, or aggravated online promotion of
  prostitution that results in compelling prostitution with respect
  to the victim; or
               (3)  purchases an advertisement that the defendant
  knows or reasonably should know constitutes promotion of
  prostitution or aggravated promotion of prostitution, and the
  publication of the advertisement results in compelling
  prostitution with respect to the victim.
         SECTION 3.05.  Article 18A.101, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
  ISSUED. A judge of competent jurisdiction may issue an
  interception order only if the prosecutor applying for the order
  shows probable cause to believe that the interception will provide
  evidence of the commission of:
               (1)  a felony under any of the following provisions of
  the Health and Safety Code:
                     (A)  Chapter 481, other than felony possession of
  marihuana;
                     (B)  Chapter 483; or
                     (C)  Section 485.032;
               (2)  an offense under any of the following provisions
  of the Penal Code:
                     (A)  Section 19.02;
                     (B)  Section 19.03;
                     (C)  Section 20.03;
                     (D)  Section 20.04;
                     (E)  Chapter 20A;
                     (F)  Chapter 34, if the criminal activity giving
  rise to the proceeds involves the commission of an offense under
  Title 5, Penal Code, or an offense under federal law or the laws of
  another state containing elements that are substantially similar to
  the elements of an offense under Title 5;
                     (G)  Section 38.11;
                     (H)  Section 43.04;
                     (I)  Section 43.041;
                     (J)  Section 43.05; or
                     (K) [(J)]  Section 43.26; or
               (3)  an attempt, conspiracy, or solicitation to commit
  an offense listed in Subdivision (1) or (2).
         SECTION 3.06.  Article 56.32(a)(14), Code of Criminal
  Procedure, is amended to read as follows:
               (14)  "Trafficking of persons" means any offense that
  results in a person engaging in forced labor or services, including
  sexual conduct, and that may be prosecuted under Section 20A.02,
  20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
  43.26, Penal Code.
         SECTION 3.07.  Article 56.81(7), Code of Criminal Procedure,
  is amended to read as follows:
               (7)  "Trafficking of persons" means any conduct that
  constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031,
  43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that
  results in a person:
                     (A)  engaging in forced labor or services; or
                     (B)  otherwise becoming a victim of the offense.
         SECTION 3.08.  Section 411.042(b), Government Code, is
  amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02, 43.02(a),
  43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and magistrate's orders of emergency
  protection and all other pertinent information about all persons
  subject to active orders, including pertinent information about
  persons subject to conditions of bond imposed for the protection of
  the victim in any family violence, sexual assault or abuse,
  stalking, or trafficking case. Information in the law enforcement
  information system relating to an active order shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Article 17.292(e),
  Code of Criminal Procedure;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Article 17.292(e), Code of Criminal Procedure;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, stalking,
  or trafficking case;
                     (H)  any minimum distance the person subject to
  the order is required to maintain from the protected places or
  persons; and
                     (I)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         SECTION 3.09.  Section 499.027(b), Government Code, is
  amended to read as follows:
         (b)  An inmate is not eligible under this subchapter to be
  considered for release to intensive supervision parole if:
               (1)  the inmate is awaiting transfer to the
  institutional division, or serving a sentence, for an offense for
  which the judgment contains an affirmative finding under Article
  42A.054(c) or (d), Code of Criminal Procedure;
               (2)  the inmate is awaiting transfer to the
  institutional division, or serving a sentence, for an offense
  listed in one of the following sections of the Penal Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 19.04 (manslaughter);
                     (D)  Section 20.03 (kidnapping);
                     (E)  Section 20.04 (aggravated kidnapping);
                     (F)  Section 21.11 (indecency with a child);
                     (G)  Section 22.011 (sexual assault);
                     (H)  Section 22.02 (aggravated assault);
                     (I)  Section 22.021 (aggravated sexual assault);
                     (J)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (K)  Section 25.02 (prohibited sexual conduct);
                     (L)  Section 25.08 (sale or purchase of a child);
                     (M)  Section 28.02 (arson);
                     (N)  Section 29.02 (robbery);
                     (O)  Section 29.03 (aggravated robbery);
                     (P)  Section 30.02 (burglary), if the offense is
  punished as a first-degree felony under that section;
                     (Q)  Section 43.04 (aggravated promotion of
  prostitution);
                     (R)  Section 43.05 (compelling prostitution);
                     (S)  Section 43.24 (sale, distribution, or
  display of harmful material to minor);
                     (T)  Section 43.25 (sexual performance by a
  child);
                     (U)  Section 46.10 (deadly weapon in penal
  institution);
                     (V)  Section 15.01 (criminal attempt), if the
  offense attempted is listed in this subsection;
                     (W)  Section 15.02 (criminal conspiracy), if the
  offense that is the subject of the conspiracy is listed in this
  subsection;
                     (X)  Section 15.03 (criminal solicitation), if
  the offense solicited is listed in this subsection;
                     (Y)  Section 21.02 (continuous sexual abuse of
  young child or children);
                     (Z)  Section 20A.02 (trafficking of persons);
  [or]
                     (AA)  Section 20A.03 (continuous trafficking of
  persons); or
                     (BB)  Section 43.041 (aggravated online promotion
  of prostitution); or
               (3)  the inmate is awaiting transfer to the
  institutional division, or serving a sentence, for an offense under
  Chapter 481, Health and Safety Code, punishable by a minimum term of
  imprisonment or a maximum fine that is greater than the minimum term
  of imprisonment or the maximum fine for a first degree felony.
         SECTION 3.10.  Section 169.002(b), Health and Safety Code,
  is amended to read as follows:
         (b)  A defendant is eligible to participate in a first
  offender prostitution prevention program established under this
  chapter only if:
               (1)  the attorney representing the state consents to
  the defendant's participation in the program; and
               (2)  the court in which the criminal case is pending
  finds that the defendant has not been previously convicted of:
                     (A)  an offense under Section 20A.02, 43.02,
  43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
                     (B)  an offense listed in Article 42A.054(a), Code
  of Criminal Procedure; or
                     (C)  an offense punishable as a felony under
  Chapter 481.
         SECTION 3.11.  Section 20A.02(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  traffics another person with the intent that the
  trafficked person engage in forced labor or services;
               (2)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (1), including
  by receiving labor or services the person knows are forced labor or
  services;
               (3)  traffics another person and, through force, fraud,
  or coercion, causes the trafficked person to engage in conduct
  prohibited by:
                     (A)  Section 43.02 (Prostitution);
                     (B)  Section 43.03 (Promotion of Prostitution);
                     (B-1)  Section 43.031 (Online Promotion of
  Prostitution);
                     (C)  Section 43.04 (Aggravated Promotion of
  Prostitution);
                     (C-1)  Section 43.041 (Aggravated Online
  Promotion of Prostitution); or
                     (D)  Section 43.05 (Compelling Prostitution);
               (4)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (3) or engages
  in sexual conduct with a person trafficked in the manner described
  in Subdivision (3);
               (5)  traffics a child with the intent that the
  trafficked child engage in forced labor or services;
               (6)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (5), including
  by receiving labor or services the person knows are forced labor or
  services;
               (7)  traffics a child and by any means causes the
  trafficked child to engage in, or become the victim of, conduct
  prohibited by:
                     (A)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Children);
                     (B)  Section 21.11 (Indecency with a Child);
                     (C)  Section 22.011 (Sexual Assault);
                     (D)  Section 22.021 (Aggravated Sexual Assault);
                     (E)  Section 43.02 (Prostitution);
                     (F)  Section 43.03 (Promotion of Prostitution);
                     (F-1)  Section 43.031 (Online Promotion of
  Prostitution);
                     (G)  Section 43.04 (Aggravated Promotion of
  Prostitution);
                     (G-1)  Section 43.041 (Aggravated Online
  Promotion of Prostitution);
                     (H)  Section 43.05 (Compelling Prostitution);
                     (I)  Section 43.25 (Sexual Performance by a
  Child);
                     (J)  Section 43.251 (Employment Harmful to
  Children); or
                     (K)  Section 43.26 (Possession or Promotion of
  Child Pornography); or
               (8)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (7) or engages
  in sexual conduct with a child trafficked in the manner described in
  Subdivision (7).
  ARTICLE 4. ADMISSIBILITY OF EVIDENCE
         SECTION 4.01.  Section 1, Article 38.37, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  (a)  Subsection (b) applies to a proceeding in the
  prosecution of a defendant for an offense, or an attempt or
  conspiracy to commit an offense, under the following provisions of
  the Penal Code:
               (1)  Chapter 20A (Trafficking of Persons);
               (2)  [if committed against a child under 17 years of
  age:
                     [(A)] Chapter 21 (Sexual Offenses);
               (3)  Section 22.01 (Assault), if committed against a
  person younger than 18 years of age;
               (4)  Section 22.011 (Sexual Assault);
               (5)  Section 22.02 (Aggravated Assault), if committed
  against a person younger than 18 years of age;
               (6)  Section 22.021 (Aggravated Sexual Assault);
               (7)  Section 22.04 (Injury to a Child, Elderly
  Individual, or Disabled Individual), if committed against a person
  younger than 18 years of age;
               (8)  Section 22.041 (Abandoning or Endangering a
  Child); 
               (9)  Section 22.05 (Deadly Conduct), if committed
  against a person younger than 18 years of age;
               (10)  Section 22.07 (Terroristic Threat), if committed
  under Subsection (a)(2) of that section against a person younger
  than 18 years of age;
               (11)  [(B) Chapter 22 (Assaultive Offenses); or
                     [(C)]  Section 25.02 (Prohibited Sexual Conduct);
  [or]
               (12)  [(2) if committed against a person younger than
  18 years of age:
                     [(A) Section 43.25 (Sexual Performance by a
  Child);
                     [(B) Section 20A.02(a)(7) or (8); or
                     [(C)] Section 43.05(a)(2) (Compelling
  Prostitution); or
               (13)  Section 43.25 (Sexual Performance by a Child).
         (b)  Notwithstanding Rules 404 and 405, Texas Rules of
  Evidence, evidence of other crimes, wrongs, or acts committed by
  the defendant against the [child who is the] victim of the alleged
  offense shall be admitted for its bearing on relevant matters,
  including:
               (1)  the state of mind of the defendant and the victim
  [child]; and
               (2)  the previous and subsequent relationship between
  the defendant and the victim [child].
         SECTION 4.02.  Section 2(a), Article 38.37, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Subsection (b) applies only to the trial of a defendant
  for:
               (1)  an offense under any of the following provisions
  of the Penal Code:
                     (A)  Section 20A.02, if punishable as a felony of
  the first degree under Section 20A.02(b)(1) (Sex or Labor
  Trafficking of a Child);
                     (B)  Section 20A.03, if based partly or wholly on
  conduct that constitutes an offense under Article 20A.02(a)(5),
  (6), (7), or (8) (Continuous Trafficking of Persons);
                     (C)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Children);
                     (D) [(C)]  Section 21.11 (Indecency With a
  Child);
                     (E) [(D)]  Section 22.011(a)(2) (Sexual Assault
  of a Child);
                     (F) [(E)]  Sections 22.021(a)(1)(B) and (2)
  (Aggravated Sexual Assault of a Child);
                     (G) [(F)]  Section 33.021 (Online Solicitation of
  a Minor);
                     (H) [(G)]  Section 43.25 (Sexual Performance by a
  Child); or
                     (I) [(H)]  Section 43.26 (Possession or Promotion
  of Child Pornography), Penal Code; or
               (2)  an attempt or conspiracy to commit an offense
  described by Subdivision (1).
         SECTION 4.03.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.51 to read as follows:
         Art. 38.51.  EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.  (a)
  This article applies to the prosecution of an offense, or an attempt
  to commit an offense, under the following provisions of the Penal
  Code:
               (1)  Section 20A.02(a)(3), (4), (7), or (8) (Sex
  Trafficking of Persons);
               (2)  Section 20A.03 (Continuous Trafficking of
  Persons), if based partly or wholly on conduct that constitutes an
  offense under Section 20A.02(a)(3), (4), (7), or (8);
               (3)  Chapter 21 (Sexual Offenses);
               (4)  Section 22.011 (Sexual Assault);
               (5)  Section 22.021 (Aggravated Sexual Assault);
               (6)  Section 25.02 (Prohibited Sexual Conduct);
               (7)  Section 43.05 (Compelling Prostitution);
               (8)  Section 43.24 (Sale, Distribution, or Display of
  Harmful Material to Minor);
               (9)  Section 43.25 (Sexual Performance by a Child);
               (10)  Section 43.251 (Employment Harmful to Children);
               (11)  Section 43.26 (Possession or Promotion of Child
  Pornography); or
               (12)  Section 43.262 (Possession or Promotion of Lewd
  Visual Material Depicting Child).
         (b)  Except as provided by Subsection (c), in the prosecution
  of an offense described by Subsection (a), reputation or opinion
  evidence of a victim's past sexual behavior or evidence regarding
  specific instances of a victim's past sexual behavior is not
  admissible.
         (c)  Evidence of a specific instance of a victim's past
  sexual behavior is admissible if:
               (1)  the evidence:
                     (A)  is necessary to rebut or explain scientific
  or medical evidence offered by the attorney representing the state;
                     (B)  concerns past sexual behavior with the
  defendant and is offered by the defendant to prove consent;
                     (C)  relates to the victim's motive or bias;
                     (D)  is admissible under Rule 609, Texas Rules of
  Evidence; or
                     (E)  is constitutionally required to be admitted;
  and
               (2)  the probative value of the evidence outweighs the
  danger of unfair prejudice.
         (d)  Before evidence described by Subsection (c) may be
  introduced, the defendant must notify the court outside of the
  jury's presence. The court shall conduct an in camera hearing to
  determine whether the evidence is admissible.  The court reporter
  shall record the hearing, and the court shall preserve that record
  under seal as part of the record in the case.
         (e)  Before referring to evidence that the court has
  determined to be inadmissible, the defendant must, outside of the
  jury's presence, request and obtain the court's permission.
         SECTION 4.04.  Under the terms of Section 22.109(b),
  Government Code, Rule 412, Texas Rules of Evidence, is disapproved.
         SECTION 4.05.  The changes in law and rules made by this
  article apply to the admissibility of evidence in a criminal
  proceeding that commences on or after the effective date of this
  Act.  The admissibility of evidence in a criminal proceeding that
  commences before the effective date of this Act is governed by the
  law and rules in effect on the date the proceeding commenced, and
  the former law and rules are continued in effect for that purpose.
  ARTICLE 5. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
  TRAFFICKING OF PERSONS OR COMPELLED PROSTITUTION
         SECTION 5.01.  Section 411.0728, Government Code, is amended
  to read as follows:
         Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
  OF PERSONS. (a)  This section applies only to a person:
               (1)  who is convicted of or placed on deferred
  adjudication community supervision [under Chapter 42A, Code of
  Criminal Procedure, after conviction] for an offense under:
                     (A)  Section 481.120, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     (B)  Section 481.121, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     (C)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2); or
                     (D)  Section 43.02, Penal Code; [or
                     [(E)     Section 43.03(a)(2), Penal Code, if the
  offense is punishable as a Class A misdemeanor;] and
               (2)  who, if requested by the applicable law
  enforcement agency or prosecuting attorney to provide assistance in
  the investigation or prosecution of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
  containing elements that are substantially similar to the elements
  of an offense under any of those sections:
                     (A)  provided assistance in the investigation or
  prosecution of the offense; or
                     (B)  did not provide assistance in the
  investigation or prosecution of the offense due to the person's age
  or a physical or mental disability resulting from being a victim of
  an offense described by this subdivision [with respect to whom the
  conviction is subsequently set aside by the court under Article
  42A.701, Code of Criminal Procedure].
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) [who
  satisfies the requirements of Section 411.074] may petition the
  court that convicted the person or placed the person on deferred
  adjudication community supervision for an order of nondisclosure of
  criminal history record information under this section on the
  grounds that the person committed the offense solely as a victim of
  an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
  [trafficking of persons].
         (b-1)  A petition under Subsection (b) must:
               (1)  be in writing; 
               (2)  assert that the person seeking an order of
  nondisclosure under this section has not previously received an
  order of nondisclosure under this section; and 
               (3)  allege specific facts that, if proved, would
  establish that the petitioner committed the offense described by
  Subsection (a)(1) solely as a victim of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code.
         (b-2)  A person convicted of or placed on deferred
  adjudication community supervision for more than one offense
  described by Subsection (a)(1) that the person committed solely as
  a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
  Code, may request consolidation of the person's petitions for an
  order of nondisclosure of criminal history record information in a
  district court in the county of the person's most recent conviction
  or placement on deferred adjudication community supervision.  On
  receipt of a request for consolidation, the court shall consolidate
  the petitions and exercise jurisdiction over the petitions,
  regardless of the county in which the offenses described by
  Subsection (a)(1) occurred.
         (b-3)  On the filing of the petition under Subsection (b),
  the clerk of the court shall promptly serve a copy of the petition
  and any supporting document on the appropriate office of the
  attorney representing the state. If the court consolidates
  petitions under Subsection (b-2), the court shall promptly serve a
  copy of the consolidated petitions on the appropriate office of
  each attorney representing the state. Any response to the petition
  by an attorney representing the state must be filed not later than
  the 20th business day after the date of service under this
  subsection.
         (b-4)  If the consolidation occurs under Subsection (b-2)
  with respect to petitions relating to offenses committed in more
  than one county, an attorney representing the state from a county
  other than the county in which the consolidating court resides may
  appear telephonically or through a video conference call at any
  hearing considered necessary by the court.
         (c)  After notice to the state, an opportunity for a hearing,
  a determination by the court that the person has not previously
  received an order of nondisclosure under this section, and a
  determination by the court that the person committed the offense
  described by Subsection (a)(1) solely as a victim of an offense
  under Section 20A.02, 20A.03, or 43.05, Penal Code, [trafficking of
  persons] and that issuance of the order is in the best interest of
  justice, the court shall issue an order prohibiting criminal
  justice agencies from disclosing to the public criminal history
  record information related to the offense [for which the defendant
  was placed on community supervision as described by Subsection
  (a)].
         (d)  A person may petition the court that convicted the
  person or placed the person on deferred adjudication community
  supervision for an order of nondisclosure of criminal history
  record information under this section only on or after the first
  anniversary of the date the person:
               (1)  completed the sentence, including any term of
  confinement imposed and payment of all fines, costs, and
  restitution imposed; or
               (2)  received a dismissal and discharge under Article
  42A.111, Code of Criminal Procedure, if the person was placed on
  deferred adjudication community supervision [person's conviction
  is set aside as described by Subsection (a)].
         SECTION 5.02.  Article 56.021, Code of Criminal Procedure,
  is amended by adding Subsection (e) to read as follows:
         (e)  A victim of an offense under Section 20A.02, 20A.03, or
  43.05, Penal Code, is entitled to the right to be informed that the
  victim may petition for an order of nondisclosure of criminal
  history record information under Section 411.0728, Government
  Code, if the victim:
               (1)  has been convicted of or placed on deferred
  adjudication community supervision for an offense described by
  Subsection (a)(1) of that section; and
               (2)  committed that offense solely as a victim of an
  offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
         SECTION 5.03.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.033 to read as follows:
         Sec. 72.033.  FORM FOR ORDER OF NONDISCLOSURE FOR CERTAIN
  VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. The
  office, in consultation with the office of the attorney general,
  shall develop and make available an online form for use by a person
  in filing a petition for an order of nondisclosure of criminal
  history record information under Section 411.0728.
         SECTION 5.04.  Section 126.004, Government Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A program established under this chapter shall provide
  each program participant with information related to an order of
  nondisclosure of criminal history record information under Section
  411.0728.
         SECTION 5.05.  Not later than December 1, 2019, the Office of
  Court Administration of the Texas Judicial System, in consultation
  with the office of the attorney general, shall develop and make
  available the online form required by Section 72.033, Government
  Code, as added by this article.
  ARTICLE 6. REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE SCHOOLS,
  AND MASSAGE THERAPISTS
         SECTION 6.01.  Section 455.152, Occupations Code, is amended
  to read as follows:
         Sec. 455.152.  INELIGIBILITY FOR LICENSE.  [(a)] A person is
  not eligible for a license as a massage establishment, massage
  school, massage therapist, or massage therapy instructor if the
  person is an individual and has been convicted of, entered a plea of
  nolo contendere or guilty to, or received deferred adjudication for
  an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter
  43, Penal Code, or another sexual offense.
         [(b)     A person convicted of a violation of this chapter is
  ineligible for a license as a massage establishment, massage
  school, massage therapist, or massage therapy instructor until the
  fifth anniversary of the date of the conviction.]
         SECTION 6.02.  Section 455.1525, Occupations Code, is
  amended to read as follows:
         Sec. 455.1525.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE [BACKGROUND CHECKS]. (a)  The
  department shall require an applicant for a license to submit a
  complete and legible set of fingerprints, on a form prescribed by
  the department, to the department or to the Department of Public
  Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation  [On receipt of an application for a license
  under this chapter, the department shall conduct a criminal
  background check on the applicant].
         (b)  The department may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The department shall conduct a criminal history record
  information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department by the Department
  of Public Safety, the Federal Bureau of Investigation, and any
  other criminal justice agency under Chapter 411, Government Code.
         (d)  The department may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.
         SECTION 6.03.  Subchapter D, Chapter 455, Occupations Code,
  is amended by adding Section 455.1605 to read as follows:
         Sec. 455.1605.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. As required by department rule,
  an applicant renewing a license issued under this chapter shall
  submit a complete and legible set of fingerprints for purposes of
  performing a criminal history record information check of the
  applicant as provided by Section 455.1525.
         SECTION 6.04.  Subchapter D, Chapter 455, Occupations Code,
  is amended by adding Section 455.161 to read as follows:
         Sec. 455.161.  STUDENT PERMIT; ELIGIBILITY. (a) The
  department shall require a student enrolled in a massage school in
  this state to hold a permit stating the student's name and the name
  of the school.  The permit must be displayed in a reasonable manner
  at the school.
         (b)  The department shall issue a student permit to an
  applicant who submits an application to the department for a
  student permit accompanied by any required fee.
         (c)  An applicant for a student permit described by this
  section shall:
               (1)  submit an enrollment application to the department
  in a form and manner prescribed by the department; and
               (2)  satisfy other requirements specified by the
  department.
         SECTION 6.05.  Subchapter E, Chapter 455, Occupations Code,
  is amended by adding Section 455.2035 to read as follows:
         Sec. 455.2035.  REPORTS TO DEPARTMENT. (a) A massage school
  shall maintain a monthly progress report regarding each student
  attending the school.  The report must certify the daily attendance
  record of each student and the number of credit hours earned by each
  student during the previous month.
         (b)  On a student's completion of a prescribed course of
  instruction, the school shall notify the department that the
  student has completed the required number of hours and is eligible
  to take the appropriate examination.
         SECTION 6.06.  Subchapter E, Chapter 455, Occupations Code,
  is amended by adding Section 455.207 to read as follows:
         Sec. 455.207.  POSTING OF CERTAIN NOTICES REQUIRED. (a)  
  Each massage establishment and massage school shall display in the
  form and manner prescribed by the commission a sign concerning
  services and assistance available to victims of human trafficking.
         (b)  The sign required by this section must include a
  toll-free telephone number of a nationally recognized information
  and referral hotline for victims of human trafficking.
         (c)  The commission by rule shall establish requirements
  regarding the posting of signs under this section.
         SECTION 6.07.  Sections 455.251(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The commission or executive director may refuse to issue
  a license to a person and may [shall] suspend, revoke, or refuse to
  renew the license of a person or may [shall] reprimand a person
  licensed under this chapter if the person:
               (1)  obtains or attempts to obtain a license by fraud,
  misrepresentation, or concealment of material facts;
               (2)  sells, barters, or offers to sell or barter a
  license;
               (3)  violates a rule adopted by the commission under
  this chapter;
               (4)  engages in unprofessional conduct as defined by
  commission rule that endangers or is likely to endanger the health,
  welfare, or safety of the public;
               (5)  violates an order or ordinance adopted by a
  political subdivision under Chapter 243, Local Government Code; or
               (6)  violates this chapter.
         (c)  The commission or executive director:
               (1)  shall revoke the license of a person licensed as a
  massage school or massage establishment if the commission or
  executive director determines that[:
               [(1)]  the school or establishment is a sexually
  oriented business; and [or]
               (2)  may revoke the license of a person licensed as a
  massage school or massage establishment if the commission or
  executive director determines that an offense involving
  prostitution or another sexual offense that resulted in a
  conviction for the offense, a plea of nolo contendere or guilty to
  the offense, or a grant of deferred adjudication for the offense
  occurred on the premises of the school or establishment.
         SECTION 6.08.  Section 455.158, Occupations Code, is
  repealed.
         SECTION 6.09.  Not later than January 1, 2020, the Texas
  Commission of Licensing and Regulation shall adopt rules necessary
  to implement the changes in law made by this article to Chapter 455,
  Occupations Code.
         SECTION 6.10.  Section 455.1525, Occupations Code, as
  amended by this article, and Section 455.1605, Occupations Code, as
  added by this article, apply only to an application for the issuance
  or renewal of a license submitted on or after January 1, 2020.  An
  application submitted before that date is governed by the law in
  effect on the date the application was submitted, and the former law
  is continued in effect for that purpose.
         SECTION 6.11.  (a) In this section, "massage school" has the
  meaning assigned by Section 455.001, Occupations Code.
         (b)  Section 455.161, Occupations Code, as added by this
  article, applies to a student who is enrolled in a massage school on
  or after January 1, 2020.
         (c)  The Texas Commission of Licensing and Regulation shall
  adopt rules under Section 455.161, Occupations Code, as added by
  this article, not later than November 1, 2019.
         SECTION 6.12.  A massage establishment, as defined by
  Section 455.001, Occupations Code, shall comply with Section
  455.207, Occupations Code, as added by this article, not later than
  January 1, 2020.
         SECTION 6.13.  The change in law made by this article to
  Section 455.251, Occupations Code, applies only to conduct that
  occurs on or after the effective date of this Act. Conduct that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the conduct occurred, and the former law is
  continued in effect for that purpose.
         SECTION 6.14.  (a) Except as provided by Subsection (b) of
  this section, this article takes effect September 1, 2019.
         (b)  Sections 455.161 and 455.2035, Occupations Code, as
  added by this article, take effect January 1, 2020.
  ARTICLE 7. UNLAWFUL ACTIVITIES ON CERTAIN PROPERTY
         SECTION 7.01.  Section 93.013(a), Property Code, is amended
  to read as follows:
         (a)  Notwithstanding a provision in a lease to the contrary,
  a tenant's right of possession terminates and the landlord has a
  right to recover possession of the leased premises if the tenant is
  using the premises or allowing the premises to be used for the
  purposes of:
               (1)  prostitution, promotion of prostitution,
  aggravated promotion of prostitution, or compelling prostitution,
  as prohibited by the Penal Code;
               (2)  [, or] trafficking of persons as described by
  Section 20A.02, Penal Code; or
               (3)  operating, maintaining, or advertising a massage
  establishment, as defined by Section 455.001, Occupations Code,
  that is not in compliance with:
                     (A)  Chapter 455, Occupations Code; or
                     (B)  an applicable local ordinance relating to the
  licensing or regulation of a massage establishment.
         SECTION 7.02.  Chapter 93, Property Code, is amended by
  adding Section 93.014 to read as follows:
         Sec. 93.014.  RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL
  ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section:
               (1)  "Multiunit commercial property" means a strip
  mall, shopping center, office building, or other similar commercial
  property with multiple contiguous or proximate rental units that
  are owned or managed as a single property.
               (2)  "Unlawful activity" means:
                     (A)  prostitution, promotion of prostitution,
  aggravated promotion of prostitution, or compelling prostitution,
  as prohibited under Chapter 43, Penal Code;
                     (B)  trafficking of persons, as prohibited under
  Section 20A.02, Penal Code; or
                     (C)  operating, maintaining, or advertising a
  massage establishment, as defined by Section 455.001, Occupations
  Code, that is not in compliance with:
                           (i)  Chapter 455, Occupations Code; or
                           (ii)  an applicable local ordinance relating
  to the licensing or regulation of a massage establishment.
         (b)  A landlord of a multiunit commercial property is in
  breach of a lease with a tenant if:
               (1)  the tenant reasonably believes that another tenant
  in the same multiunit commercial property is engaging in an
  unlawful activity;
               (2)  the complaining tenant gives the landlord written
  notice of the offending tenant's engagement in the unlawful
  activity; and
               (3)  the landlord does not file a forcible detainer
  suit against the offending tenant under Section 93.013 before the
  30th day after the date the notice is given.
         (c)  Notwithstanding a provision of the lease to the
  contrary, if a landlord is in breach of a tenant's lease under
  Subsection (b), the tenant may:
               (1)  terminate the tenant's rights and obligations
  under the lease;
               (2)  vacate the leased premises; and
               (3)  avoid liability for future rent and any other sums
  due under the lease for terminating the lease and vacating the
  premises before the end of the lease term.
         SECTION 7.03.  The changes in law made by this article apply
  only to a commercial lease that is entered into or renewed on or
  after the effective date of this Act. A commercial lease that is
  entered into or renewed before the effective date of this Act is
  governed by the law applicable to the lease immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
  ARTICLE 8. EFFECTIVE DATE
         SECTION 8.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2019.