By: Thierry, et al. (Senate Sponsor - Huffman) H.B. No. 1771
         (In the Senate - Received from the House May 13, 2019;
  May 13, 2019, read first time and referred to Committee on State
  Affairs; May 19, 2019, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 19, 2019, sent to printer.)
Click here to see the committee vote
  relating to a prohibition on prosecuting or referring to juvenile
  court certain persons for certain conduct constituting the offense
  of prostitution and to the provision of services to those persons.
         SECTION 1.  This Act may be cited as the Child Sex
  Trafficking Victims Protections and Provisions Act.
         SECTION 2.  Section 51.03, Family Code, is amended by
  amending Subsection (b) and adding Subsections (d) and (d-1) to
  read as follows:
         (b)  Conduct indicating a need for supervision is:
               (1)  subject to Subsection (f), conduct, other than a
  traffic offense, that violates:
                     (A)  the penal laws of this state of the grade of
  misdemeanor that are punishable by fine only; or
                     (B)  the penal ordinances of any political
  subdivision of this state;
               (2)  the voluntary absence of a child from the child's
  home without the consent of the child's parent or guardian for a
  substantial length of time or without intent to return;
               (3)  conduct prohibited by city ordinance or by state
  law involving the inhalation of the fumes or vapors of paint and
  other protective coatings or glue and other adhesives and the
  volatile chemicals itemized in Section 485.001, Health and Safety
               (4)  an act that violates a school district's
  previously communicated written standards of student conduct for
  which the child has been expelled under Section 37.007(c),
  Education Code;
               (5)  notwithstanding Subsection (a)(1), conduct
  described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or
               (6)  notwithstanding Subsection (a)(1), conduct that
  violates Section 43.261, Penal Code.
         (d)  Notwithstanding Subsection (a)(1), conduct that
  violates Section 43.02(a), Penal Code, is not delinquent conduct or
  conduct indicating a need for supervision. A child may not be
  referred to the juvenile court for conduct that violates Section
  43.02(a), Penal Code.
         (d-1)  A law enforcement officer taking possession of a child
  who is suspected of engaging in conduct that violates Section
  43.02(a), Penal Code, may not arrest the child or refer the child to
  juvenile court. The officer shall use best efforts to deliver the
  child to the child's parent or to another person entitled to take
  possession of the child. If the parent or other person is not
  immediately available, the officer shall:
               (1)  contact a local service provider or care
  coordinator who will, in consultation with the child sex
  trafficking prevention unit established under Section 772.0062,
  Government Code, and the governor's program for victims of child
  sex trafficking established under Section 772.0063, Government
  Code, facilitate the assignment of a caseworker for the child to
  create a customized package of services to fit the child's
  immediate and long-term rehabilitation and treatment needs,
  including medical, psychiatric, psychological, safety, and housing
  needs; or
               (2)  if a local service provider or care coordinator is
  not available, transfer possession of the child to the Department
  of Family and Protective Services in accordance with Section
         SECTION 3.  Section 43.02, Penal Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  A person may not be prosecuted for an offense under
  Subsection (a) that the person committed when younger than 17 years
  of age.
         SECTION 4.  This Act applies only to an offense committed or
  conduct that occurs on or after the effective date of this Act. An
  offense committed or conduct that occurs before the effective date
  of this Act is governed by the law in effect on the date the offense
  was committed or the conduct occurred, and the former law is
  continued in effect for that purpose. For the purposes of this
  section, an offense was committed or conduct occurred before the
  effective date of this Act if any element of the offense or conduct
  occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2019.
  * * * * *