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  H.B. No. 1540
 
 
 
 
AN ACT
  relating to regulation of certain facilities and establishments
  with respect to, civil remedies for certain criminal activities
  affecting, and certain criminal offenses involving health, safety,
  and welfare; creating a criminal offense; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.44(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  The commission shall deny an application for a permit or
  license for any location of an applicant who submitted a prior
  application that expired or was voluntarily surrendered before the
  hearing on the application was held on a protest involving
  allegations of prostitution, a shooting, stabbing, or other violent
  act, or an offense involving drugs, [or] trafficking of persons, or
  drink solicitation as described by Section 104.01 before the third
  anniversary of the date the prior application expired or was
  voluntarily surrendered.
         SECTION 2.  Section 11.46(c), Alcoholic Beverage Code, is
  amended to read as follows:
         (c)  The commission shall deny for a period of one year after
  cancellation an application for a mixed beverage permit or private
  club registration permit for a premises where a license or permit
  has been canceled during the preceding 12 months as a result of:
               (1)  a shooting, stabbing, or other violent act;[,] or
               (2)  [as a result of] an offense involving drugs,
  prostitution, [or] trafficking of persons, or drink solicitation as
  described by Section 104.01.
         SECTION 3.  Section 61.42(c), Alcoholic Beverage Code, as
  effective September 1, 2021, is amended to read as follows:
         (c)  The commission shall deny for a period of one year an
  application for a retail dealer's on-premise license or a wine and
  malt beverage retailer's permit for a premises where a license or
  permit has been canceled during the preceding 12 months as a result
  of:
               (1)  a shooting, stabbing, or other violent act; [,] or
               (2)  [as a result of] an offense involving drugs,
  prostitution, [or] trafficking of persons, or drink solicitation as
  described by Section 104.01.
         SECTION 4.  Chapter 98, Civil Practice and Remedies Code, is
  amended by adding Section 98.007 to read as follows:
         Sec. 98.007.  CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a)  
  In this section, "confidential identity" means:
               (1)  the use of a pseudonym; and
               (2)  the absence of any other identifying information,
  including address, telephone number, and social security number.
         (b)  Except as otherwise provided by this section, in an
  action under this chapter, the court shall:
               (1)  make it known to the claimant as early as possible
  in the proceedings of the action that the claimant may use a
  confidential identity in relation to the action;
               (2)  allow a claimant to use a confidential identity in
  all petitions, filings, and other documents presented to the court;
               (3)  use the confidential identity in all of the court's
  proceedings and records relating to the action, including any
  appellate proceedings; and
               (4)  maintain the records relating to the action in a
  manner that protects the confidentiality of the claimant.
         (c)  In an action under this chapter, only the following
  persons are entitled to know the true identifying information about
  the claimant:
               (1)  the judge;
               (2)  a party to the action;
               (3)  the attorney representing a party to the action;
  and
               (4)  a person authorized by a written order of a court
  specific to that person.
         (d)  The court shall order that a person entitled to know the
  true identifying information under Subsection (c) may not divulge
  that information to anyone without a written order of the court.  A
  court shall hold a person who violates the order in contempt.
         (e)  Notwithstanding Section 22.004, Government Code, the
  supreme court may not amend or adopt rules in conflict with this
  section.
         (f)  A claimant is not required to use a confidential
  identity as provided by this section.
         SECTION 5.  Section 125.0017, Civil Practice and Remedies
  Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
  Legislature, Regular Session, 2017, is amended to read as follows:
         Sec. 125.0017.  NOTICE BY LAW ENFORCEMENT OF [ARREST FOR]
  CERTAIN ACTIVITIES. If a law enforcement agency has reason to
  believe [makes an arrest related to] an activity described by
  Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at
  property leased to a person operating a massage establishment as
  defined by Section 455.001, Occupations Code, [not later than the
  seventh day after the date of the arrest,] the law enforcement
  agency may [shall] provide written notice by certified mail to each
  person maintaining the property of the alleged activity [arrest].
         SECTION 6.  Section 125.0025(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  Except as provided by Section 125.005 [125.003(d)], on a
  finding that a web address or computer network is a common nuisance,
  the sole remedy available is a judicial finding issued to the
  attorney general.
         SECTION 7.  Sections 125.004(a-1) and (a-2), Civil Practice
  and Remedies Code, are amended to read as follows:
         (a-1)  Proof in the form of a person's arrest or the
  testimony of a law enforcement agent that an activity described by
  Section 125.0015(a)(6) or (7) is committed at a place licensed as a
  massage establishment under Chapter 455, Occupations Code, or
  advertised as offering massage therapy or massage services, after
  notice [of an arrest] was provided to the defendant in accordance
  with Section 125.0017, is prima facie evidence that the defendant:
               (1)  knowingly tolerated the activity; and
               (2)  did not make a reasonable attempt to abate the
  activity.
         (a-2)  Proof that an activity described by Section
  125.0015(a)(18) is committed at a place maintained by the
  defendant, after notice [of an arrest] was provided to the
  defendant in accordance with Section 125.0017, is prima facie
  evidence that the defendant:
               (1)  knowingly tolerated the activity; and
               (2)  did not make a reasonable attempt to abate the
  activity.
         SECTION 8.  Section 125.004(a-3), Civil Practice and
  Remedies Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
  Legislature, Regular Session, 2017, is amended to read as follows:
         (a-3)  For purposes of Subsections (a-1) and (a-2), notice is
  considered to be provided to the defendant the earlier of:
               (1)  seven days after the postmark date of the notice
  provided under Section 125.0017; or
               (2)  the date the defendant actually received notice
  under Section 125.0017.
         SECTION 9.  Subchapter A, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.005 to read as
  follows:
         Sec. 125.005.  ATTORNEY'S FEES AND COSTS IN ACTION UNDER
  CHAPTER. In an action brought under this chapter, the court may
  award a prevailing party reasonable attorney's fees in addition to
  costs incurred in bringing the action. In determining the amount of
  attorney's fees, the court shall consider:
               (1)  the time and labor involved;
               (2)  the novelty and difficulty of the questions;
               (3)  the expertise, reputation, and ability of the
  attorney; and
               (4)  any other factor considered relevant by the court.
         SECTION 10.  Section 125.070(d), Civil Practice and Remedies
  Code, is amended to read as follows:
         (d)  A district, county, or city attorney or the attorney
  general may sue for money damages on behalf of the state or a
  governmental entity. If the state or a governmental entity
  prevails in a suit under this section, the state or governmental
  entity may recover:
               (1)  actual damages;
               (2)  a civil penalty in an amount not to exceed $20,000
  for each violation; and
               (3)  court costs and attorney's fees in accordance with
  Section 125.005.
         SECTION 11.  Section 140A.002, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 140A.002.  CIVIL RACKETEERING. A person or enterprise
  commits racketeering if, for financial gain, the person or
  enterprise commits an offense under Chapter 20A, Penal Code
  (trafficking of persons)[, and the offense or an element of the
  offense:
               [(1)  occurs in more than one county in this state; or
               [(2)  is facilitated by the use of United States mail,
  e-mail, telephone, facsimile, or a wireless communication from one
  county in this state to another].
         SECTION 12.  Section 140A.102(b), Civil Practice and
  Remedies Code, is amended to read as follows:
         (b)  Following a final determination of liability under this
  chapter, the court may issue an appropriate order, including an
  order that:
               (1)  requires a person to divest any direct or indirect
  interest in an enterprise;
               (2)  imposes reasonable restrictions on the future
  activities or investments of a person that affect the laws of this
  state, including prohibiting a person from engaging in the type of
  endeavor or enterprise that gave rise to the racketeering offense,
  to the extent permitted by the constitutions of this state and the
  United States;
               (3)  requires the dissolution or reorganization of an
  enterprise involved in the suit;
               (4)  orders the recovery of reasonable fees, expenses,
  and costs incurred in obtaining injunctive relief or civil remedies
  or in conducting investigations under this chapter, including court
  costs, investigation costs, attorney's fees, witness fees, and
  deposition fees;
               (5)  orders payment to the state of an amount equal to:
                     (A)  the gain acquired or maintained through
  racketeering; or
                     (B)  the amount for which a person is liable under
  this chapter;
               (6)  orders payment to the state of a civil penalty by a
  person or enterprise found liable for racketeering, in an amount
  not to exceed $250,000 for each separately alleged and proven act of
  racketeering;
               (7)  orders payment of damages to the state for
  racketeering shown to have materially damaged the state; and [or]
               (8)  orders that property attached under Chapter 61 be
  used to satisfy an award of the court, including damages,
  penalties, costs, and fees.
         SECTION 13.  Section 140A.104(d), Civil Practice and
  Remedies Code, is amended to read as follows:
         (d)  An enterprise may not be held liable under this chapter
  based on the conduct of a person [an agent] unless the finder of
  fact finds by a preponderance of the evidence that a director or
  high managerial agent performed, authorized, requested, commanded,
  participated in, ratified, or recklessly tolerated the unlawful
  conduct of the person [agent].
         SECTION 14.  Articles 42A.453(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  In this article, "playground," "premises," "school,"
  "video arcade facility," and "youth center" have the meanings
  assigned by Section 481.134, Health and Safety Code, and "general
  residential operation" has the meaning assigned by Section 42.002,
  Human Resources Code.
         (c)  If a judge grants community supervision to a defendant
  described by Subsection (b) and the judge determines that a child as
  defined by Section 22.011(c), Penal Code, was the victim of the
  offense, the judge shall establish a child safety zone applicable
  to the defendant by requiring as a condition of community
  supervision that the defendant:
               (1)  not:
                     (A)  supervise or participate in any program that:
                           (i)  includes as participants or recipients
  persons who are 17 years of age or younger; and
                           (ii)  regularly provides athletic, civic, or
  cultural activities; or
                     (B)  go in, on, or within 1,000 feet of a premises
  where children commonly gather, including a school, day-care
  facility, playground, public or private youth center, public
  swimming pool, [or] video arcade facility, or general residential
  operation operating as a residential treatment center; and
               (2)  attend psychological counseling sessions for sex
  offenders with an individual or organization that provides sex
  offender treatment or counseling as specified or approved by the
  judge or the defendant's supervision officer.
         SECTION 15.  Subchapter B, Chapter 301, Government Code, is
  amended by adding Section 301.0221 to read as follows:
         Sec. 301.0221.  USE OF PSEUDONYM BY VICTIMS OF HUMAN
  TRAFFICKING. (a)  Each legislative committee shall allow a witness
  who is the victim of an offense under Section 20A.02 or 20A.03,
  Penal Code, to give testimony to the committee relating to the
  witness's experience as a victim of trafficking of persons using a
  pseudonym instead of the witness's name.
         (b)  The name of a witness who uses a pseudonym authorized by
  Subsection (a) is confidential and may not be included in any public
  records of the committee.
         SECTION 16.  Section 481.134(a), Health and Safety Code, is
  amended by adding Subdivision (8) to read as follows:
               (8)  "General residential operation" has the meaning
  assigned by Section 42.002, Human Resources Code.
         SECTION 17.  Sections 481.134(b), (c), (d), (e), and (f),
  Health and Safety Code, are amended to read as follows:
         (b)  An offense otherwise punishable as a state jail felony
  under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
  punishable as a felony of the third degree, and an offense otherwise
  punishable as a felony of the second degree under any of those
  sections is punishable as a felony of the first degree, if it is
  shown at the punishment phase of the trial of the offense that the
  offense was committed:
               (1)  in, on, or within 1,000 feet of premises owned,
  rented, or leased by an institution of higher learning, the
  premises of a public or private youth center, or a playground; [or]
               (2)  in, on, or within 300 feet of the premises of a
  public swimming pool or video arcade facility; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (c)  The minimum term of confinement or imprisonment for an
  offense otherwise punishable under Section 481.112(c), (d), (e), or
  (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
  481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
  or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
  481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
  (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
  years and the maximum fine for the offense is doubled if it is shown
  on the trial of the offense that the offense was committed:
               (1)  in, on, or within 1,000 feet of the premises of a
  school, the premises of a public or private youth center, or a
  playground; [or]
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (d)  An offense otherwise punishable under Section
  481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
  481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
  481.121(b)(3) is a felony of the third degree if it is shown on the
  trial of the offense that the offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground; [or]
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (e)  An offense otherwise punishable under Section
  481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
  jail felony if it is shown on the trial of the offense that the
  offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground; [or]
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (f)  An offense otherwise punishable under Section
  481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
  A misdemeanor if it is shown on the trial of the offense that the
  offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground; [or]
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         SECTION 18.  Section 42.002, Human Resources Code, is
  amended by adding Subdivision (25) to read as follows:
               (25)  "Grounds" means, with regard to property, the
  real property, whether fenced or unfenced, of the parcel of land on
  which is located any appurtenant building, structure, or other
  improvement, including a public or private driveway, street,
  sidewalk or walkway, parking lot, and parking garage on the
  property.
         SECTION 19.  Sections 42.042(e), (g), and (g-2), Human
  Resources Code, are amended to read as follows:
         (e)  The executive commissioner shall promulgate minimum
  standards that apply to licensed child-care facilities and to
  registered family homes covered by this chapter and that will:
               (1)  promote the health, safety, and welfare of
  children attending a facility or registered family home;
               (2)  promote safe, comfortable, and healthy physical
  facilities and registered family homes for children;
               (3)  ensure adequate supervision of children by
  capable, qualified, and healthy personnel;
               (4)  ensure adequate and healthy food service where
  food service is offered;
               (5)  prohibit racial discrimination by child-care
  facilities and registered family homes;
               (6)  require procedures for parental and guardian
  consultation in the formulation of children's educational and
  therapeutic programs;
               (7)  prevent the breakdown of foster care and adoptive
  placement; [and]
               (8)  ensure that a child-care facility or registered
  family home:
                     (A)  follows the directions of a child's physician
  or other health care provider in providing specialized medical
  assistance required by the child; and
                     (B)  maintains for a reasonable time a copy of any
  directions from the physician or provider that the parent provides
  to the facility or home; and
               (9)  ensure that a child's health, safety, and welfare
  are adequately protected on the grounds of a child-care facility or
  registered family home.
         (g)  In promulgating minimum standards the executive
  commissioner may recognize and treat differently the types of
  services provided by and the grounds appurtenant to the following:
               (1)  listed family homes;
               (2)  registered family homes;
               (3)  child-care facilities, including general
  residential operations, cottage home operations, specialized
  child-care homes, group day-care homes, and day-care centers;
               (4)  child-placing agencies;
               (5)  agency foster homes;
               (6)  continuum-of-care residential operations;
               (7)  before-school or after-school programs; and
               (8)  school-age programs.
         (g-2)  The executive commissioner by rule shall adopt
  minimum standards that apply to general residential operations that
  provide comprehensive residential and nonresidential services to
  persons who are victims of trafficking under Section 20A.02, Penal
  Code. In adopting the minimum standards under this subsection, the
  executive commissioner shall consider:
               (1)  the special circumstances, [and] needs, and
  precautions required of victims of trafficking of persons; [and]
               (2)  the role of the general residential operations in
  assisting, [and] supporting, and protecting victims of trafficking
  of persons; and
               (3)  the vulnerability of victims of trafficking of
  persons on the grounds of a general residential operation operating
  as a residential treatment center.
         SECTION 20.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.068 to read as follows:
         Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE;
  CRIMINAL PENALTY. (a)  Each general residential operation
  operating as a residential treatment center shall post "No
  Trespassing" notices on the grounds of the general residential
  operation in the following locations:
               (1)  parallel to and along the exterior boundaries of
  the general residential operation's grounds;
               (2)  at each roadway or other way of access to the
  grounds;
               (3)  for grounds not fenced, at least every five
  hundred feet along the exterior boundaries of the grounds;
               (4)  at each entrance to the grounds; and
               (5)  at conspicuous places reasonably likely to be
  viewed by intruders.
         (b)  Each "No Trespassing" notice posted on the grounds of a
  general residential operation operating as a residential treatment
  center must:
               (1)  state that entry to the property is forbidden;
               (2)  include a description of the provisions of
  Section 30.05, Penal Code, including the penalties for violating
  Section 30.05, Penal Code;
               (3)  include the name and address of the person under
  whose authority the notice is posted;
               (4)  be written in English and Spanish; and
               (5)  be at least 8-1/2 by 11 inches in size.
         (c)  The executive commissioner by rule shall determine and
  prescribe the requirements regarding the placement, installation,
  design, size, wording, and maintenance procedures for the "No
  Trespassing" notices.
         (d)  The commission shall provide without charge to each
  general residential operation operating as a residential treatment
  center the number of "No Trespassing" notices required to comply
  with this section and rules adopted under this section.
         (e)  A person who operates a general residential operation
  operating as a residential treatment center commits an offense if
  the commission provides "No Trespassing" notices to the facility
  and the person fails to display the "No Trespassing" notices on the
  operation's grounds as required by this section before the end of
  the 30th business day after the date the operation receives the
  notices. An offense under this subsection is a Class C misdemeanor.
         SECTION 21.  Section 20A.01, Penal Code, is amended by
  adding Subdivisions (1-a), (2-a), and (2-b) to read as follows:
               (1-a)  "Coercion" as defined by Section 1.07 includes:
                     (A)  destroying, concealing, confiscating, or
  withholding from a trafficked person, or threatening to destroy,
  conceal, confiscate, or withhold from a trafficked person, the
  person's actual or purported:
                           (i)  government records; or
                           (ii)  identifying information or documents;
                     (B)  causing a trafficked person, without the
  person's consent, to become intoxicated, as defined by Section
  49.01, to a degree that impairs the person's ability to appraise the
  nature of or resist engaging in any conduct, including performing
  or providing labor or services; or
                     (C)  withholding alcohol or a controlled
  substance to a degree that impairs the ability of a trafficked
  person with a chemical dependency, as defined by Section 462.001,
  Health and Safety Code, to appraise the nature of or resist engaging
  in any conduct, including performing or providing labor or
  services.
               (2-a)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2-b)  "School" means a public or private primary or
  secondary school.
         SECTION 22.  Sections 20A.02, Penal Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) 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);
                     (E-1)  Section 43.021 (Solicitation of
  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).
         (b)  Except as otherwise provided by this subsection and
  Subsection (b-1), an offense under this section is a felony of the
  second degree. An offense under this section is a felony of the
  first degree if:
               (1)  the applicable conduct constitutes an offense
  under Subsection (a)(5), (6), (7), or (8), regardless of whether
  the actor knows the age of the child at the time of the offense;
               (2)  the commission of the offense results in the death
  of the person who is trafficked; [or]
               (3)  the commission of the offense results in the death
  of an unborn child of the person who is trafficked; or
               (4)  the actor recruited, enticed, or obtained the
  victim of the offense from a shelter or facility operating as a
  residential treatment center that serves runaway youth, foster
  children, the homeless, or persons subjected to human trafficking,
  domestic violence, or sexual assault.
         (b-1)  An offense under this section is a felony of the first
  degree punishable by imprisonment in the Texas Department of
  Criminal Justice for life or for a term of not more than 99 years or
  less than 25 years if it is shown on the trial of the offense that
  the actor committed the offense in a location that was:
               (1)  on the premises of or within 1,000 feet of the
  premises of a school; or
               (2)  on premises or within 1,000 feet of premises
  where:
                     (A)  an official school function was taking place;
  or
                     (B)  an event sponsored or sanctioned by the
  University Interscholastic League was taking place.
         SECTION 23.  Section 30.05(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person enters or
  remains on or in property of another, including residential land,
  agricultural land, a recreational vehicle park, a building, a
  general residential operation operating as a residential treatment
  center, or an aircraft or other vehicle, without effective consent
  and the person:
               (1)  had notice that the entry was forbidden; or
               (2)  received notice to depart but failed to do so.
         SECTION 24.  Section 30.05(b), Penal Code, is amended by
  adding Subdivision (13) to read as follows:
               (13)  "General residential operation" has the meaning
  assigned by Section 42.002, Human Resources Code.
         SECTION 25.  Section 30.05(d), Penal Code, is amended to
  read as follows:
         (d)  An offense under this section is:
               (1)  a Class B misdemeanor, except as provided by
  Subdivisions (2) and (3);
               (2)  a Class C misdemeanor, except as provided by
  Subdivision (3), if the offense is committed:
                     (A)  on agricultural land and within 100 feet of
  the boundary of the land; or
                     (B)  on residential land and within 100 feet of a
  protected freshwater area; and
               (3)  a Class A misdemeanor if:
                     (A)  the offense is committed:
                           (i)  in a habitation or a shelter center;
                           (ii)  on a Superfund site; or
                           (iii)  on or in a critical infrastructure
  facility;
                     (B)  the offense is committed on or in property of
  an institution of higher education and it is shown on the trial of
  the offense that the person has previously been convicted of:
                           (i)  an offense under this section relating
  to entering or remaining on or in property of an institution of
  higher education; or
                           (ii)  an offense under Section 51.204(b)(1),
  Education Code, relating to trespassing on the grounds of an
  institution of higher education; [or]
                     (C)  the person carries a deadly weapon during the
  commission of the offense; or
                     (D)  the offense is committed on the property of
  or within a general residential operation operating as a
  residential treatment center.
         SECTION 26.  Section 71.028(a), Penal Code, is amended to
  read as follows:
         (a)  In this section:
               (1)  "General residential operation" has the meaning
  assigned by Section 42.002, Human Resources Code.
               (2)  "Institution of higher education," "playground,"
  "premises," "school," "video arcade facility," and "youth center"
  have the meanings assigned by Section 481.134, Health and Safety
  Code.
               (3) [(2)]  "Shopping mall" means an enclosed public
  walkway or hall area that connects retail, service, or professional
  establishments.
         SECTION 27.  Section 71.028(c), Penal Code, is amended to
  read as follows:
         (c)  Except as provided by Subsection (d), the punishment
  prescribed for an offense described by Subsection (b) is increased
  to the punishment prescribed for the next highest category of
  offense if the actor is 17 years of age or older and it is shown
  beyond a reasonable doubt on the trial of the offense that the actor
  committed the offense at a location that was:
               (1)  in, on, or within 1,000 feet of any:
                     (A)  real property that is owned, rented, or
  leased by a school or school board;
                     (B)  premises owned, rented, or leased by an
  institution of higher education;
                     (C)  premises of a public or private youth center;
  [or]
                     (D)  playground; or 
                     (E)  general residential operation operating as a
  residential treatment center;
               (2)  in, on, or within 300 feet of any:
                     (A)  shopping mall;
                     (B)  movie theater;
                     (C)  premises of a public swimming pool; or
                     (D)  premises of a video arcade facility; or
               (3)  on a school bus.
         SECTION 28.  Chapter 43, Penal Code, is amended by adding
  Section 43.021, and a heading is added to that section to read as
  follows:
         Sec. 43.021.  SOLICITATION OF PROSTITUTION.
         SECTION 29.  Sections 43.02(b) and (c-1), Penal Code, are
  transferred to Section 43.021, Penal Code, as added by this Act,
  redesignated as Sections 43.021(a) and (b), Penal Code,
  respectively, and amended to read as follows:
         (a) [(b)]  A person commits an offense if 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.
         (b) [(c-1)]  An offense under Subsection (a) [(b)] is a state
  jail felony [Class A misdemeanor], except that the offense is:
               (1)  a [state jail] felony of the third degree if the
  actor has previously been convicted of an offense under Subsection
  (a) or under Section 43.02(b), as that law existed before September
  1, 2021 [(b)]; or
               (2)  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 30.  Section 43.021, Penal Code, as added by this
  Act, is amended by adding Subsection (c) to read as follows:
         (c)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and that subchapter. For purposes of
  enhancement of penalties under this section or Subchapter D,
  Chapter 12, a defendant is considered to have been previously
  convicted of an offense under this section or under Section
  43.02(b), as that law existed before September 1, 2021, if the
  defendant was adjudged guilty of the offense or entered a plea of
  guilty or nolo contendere in return for a grant of deferred
  adjudication, regardless of whether the sentence for the offense
  was ever imposed or whether the sentence was probated and the
  defendant was subsequently discharged from community supervision.
         SECTION 31.  Section 25.06(a), Alcoholic Beverage Code, as
  effective September 1, 2021, is amended to read as follows:
         (a)  The commission shall deny an original application for a
  wine and malt beverage retailer's permit if the commission finds
  that the applicant, or the applicant's spouse, during the five
  years immediately preceding the application, was finally convicted
  of a felony or one of the following offenses:
               (1)  prostitution or solicitation of prostitution;
               (2)  a vagrancy offense involving moral turpitude;
               (3)  bookmaking;
               (4)  gambling or gaming;
               (5)  an offense involving controlled substances as
  defined in Chapter 481, Health and Safety Code, or other dangerous
  drugs;
               (6)  a violation of this code resulting in the
  cancellation of a license or permit, or a fine of not less than
  $500;
               (7)  more than three violations of this code relating
  to minors;
               (8)  bootlegging; or
               (9)  an offense involving firearms or a deadly weapon.
         SECTION 32.  Section 69.06(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The commission shall deny an original application for a
  retail dealer's on-premise license if the commission finds that the
  applicant or the applicant's spouse, during the five years
  immediately preceding the application, was finally convicted of a
  felony or one of the following offenses:
               (1)  prostitution or solicitation of prostitution;
               (2)  a vagrancy offense involving moral turpitude;
               (3)  bookmaking;
               (4)  gambling or gaming;
               (5)  an offense involving controlled substances as
  defined in the Texas Controlled Substances Act, including an
  offense involving a synthetic cannabinoid, or an offense involving
  other dangerous drugs;
               (6)  a violation of this code resulting in the
  cancellation of a license or permit, or a fine of not less than
  $500;
               (7)  more than three violations of this code relating
  to minors;
               (8)  bootlegging; or
               (9)  an offense involving firearms or a deadly weapon.
         SECTION 33.  Section 125.0015(a), Civil Practice and
  Remedies Code, is amended to read as follows:
         (a)  A person who maintains a place to which persons
  habitually go for the following purposes and who knowingly
  tolerates the activity and furthermore fails to make reasonable
  attempts to abate the activity maintains a common nuisance:
               (1)  discharge of a firearm in a public place as
  prohibited by the Penal Code;
               (2)  reckless discharge of a firearm as prohibited by
  the Penal Code;
               (3)  engaging in organized criminal activity as a
  member of a combination as prohibited by the Penal Code;
               (4)  delivery, possession, manufacture, or use of a
  substance or other item in violation of Chapter 481, Health and
  Safety Code;
               (5)  gambling, gambling promotion, or communicating
  gambling information as prohibited by the Penal Code;
               (6)  prostitution as described by Section 43.02, Penal
  Code, solicitation of prostitution as described by Section 43.021,
  Penal Code, promotion of prostitution as described by Section
  43.03, Penal Code, or aggravated promotion of prostitution as
  described by Section 43.04, [prohibited by the] Penal Code;
               (7)  compelling prostitution as prohibited by the Penal
  Code;
               (8)  commercial manufacture, commercial distribution,
  or commercial exhibition of obscene material as prohibited by the
  Penal Code;
               (9)  aggravated assault as described by Section 22.02,
  Penal Code;
               (10)  sexual assault as described by Section 22.011,
  Penal Code;
               (11)  aggravated sexual assault as described by Section
  22.021, Penal Code;
               (12)  robbery as described by Section 29.02, Penal
  Code;
               (13)  aggravated robbery as described by Section 29.03,
  Penal Code;
               (14)  unlawfully carrying a weapon as described by
  Section 46.02, Penal Code;
               (15)  murder as described by Section 19.02, Penal Code;
               (16)  capital murder as described by Section 19.03,
  Penal Code;
               (17)  continuous sexual abuse of young child or
  children as described by Section 21.02, Penal Code;
               (18)  massage therapy or other massage services in
  violation of Chapter 455, Occupations Code;
               (19)  employing a minor at a sexually oriented business
  as defined by Section 243.002, Local Government Code;
               (20)  trafficking of persons as described by Section
  20A.02, Penal Code;
               (21)  sexual conduct or performance by a child as
  described by Section 43.25, Penal Code;
               (22)  employment harmful to a child as described by
  Section 43.251, Penal Code;
               (23)  criminal trespass as described by Section 30.05,
  Penal Code;
               (24)  disorderly conduct as described by Section 42.01,
  Penal Code;
               (25)  arson as described by Section 28.02, Penal Code;
               (26)  criminal mischief as described by Section 28.03,
  Penal Code, that causes a pecuniary loss of $500 or more; or
               (27)  a graffiti offense in violation of Section 28.08,
  Penal Code.
         SECTION 34.  Article 17.45, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.45.  CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
  A magistrate may require as a condition of bond that a defendant
  charged with an offense under Section 43.02 or 43.021, Penal Code,
  receive counseling or education, or both, relating to acquired
  immune deficiency syndrome or human immunodeficiency virus.
         SECTION 35.  Article 42A.751(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  At any time during the period of community supervision,
  the judge may issue a warrant for a violation of any condition of
  community supervision and cause a defendant convicted under Section
  43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or
  Sections 485.031 through 485.035, Health and Safety Code, or placed
  on deferred adjudication community supervision after being charged
  with one of those offenses, to be subject to:
               (1)  the control measures of Section 81.083, Health and
  Safety Code; and
               (2)  the court-ordered-management provisions of
  Subchapter G, Chapter 81, Health and Safety Code.
         SECTION 36.  Section 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 43.04 (Aggravated
  promotion of prostitution), 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 43.021
  (Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,
  if the offense is punishable as a felony of the second degree [under
  Subsection (c-1)(2) 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 37.  Section 11.066, Education Code, is amended to
  read as follows:
         Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
  OF CERTAIN OFFENSES. A person is ineligible to serve as a member of
  the board of trustees of a school district if the person has been
  convicted of a felony or an offense under Section 43.021
  [43.02(b)], Penal Code.
         SECTION 38.  Section 51.03(b), Family Code, is amended 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
  Code;
               (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 or 43.021 [43.02(a) or (b)], Penal Code;
  or
               (6)  notwithstanding Subsection (a)(1), conduct that
  violates Section 43.261, Penal Code.
         SECTION 39.  Section 261.001(1), Family Code, is amended to
  read as follows:
               (1)  "Abuse" includes the following acts or omissions
  by a person:
                     (A)  mental or emotional injury to a child that
  results in an observable and material impairment in the child's
  growth, development, or psychological functioning;
                     (B)  causing or permitting the child to be in a
  situation in which the child sustains a mental or emotional injury
  that results in an observable and material impairment in the
  child's growth, development, or psychological functioning;
                     (C)  physical injury that results in substantial
  harm to the child, or the genuine threat of substantial harm from
  physical injury to the child, including an injury that is at
  variance with the history or explanation given and excluding an
  accident or reasonable discipline by a parent, guardian, or
  managing or possessory conservator that does not expose the child
  to a substantial risk of harm;
                     (D)  failure to make a reasonable effort to
  prevent an action by another person that results in physical injury
  that results in substantial harm to the child;
                     (E)  sexual conduct harmful to a child's mental,
  emotional, or physical welfare, including conduct that constitutes
  the offense of continuous sexual abuse of young child or children
  under Section 21.02, Penal Code, indecency with a child under
  Section 21.11, Penal Code, sexual assault under Section 22.011,
  Penal Code, or aggravated sexual assault under Section 22.021,
  Penal Code;
                     (F)  failure to make a reasonable effort to
  prevent sexual conduct harmful to a child;
                     (G)  compelling or encouraging the child to engage
  in sexual conduct as defined by Section 43.01, Penal Code,
  including compelling or encouraging the child in a manner that
  constitutes an offense of trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
  Section 43.021 [43.02(b)], Penal Code, or compelling prostitution
  under Section 43.05(a)(2), Penal Code;
                     (H)  causing, permitting, encouraging, engaging
  in, or allowing the photographing, filming, or depicting of the
  child if the person knew or should have known that the resulting
  photograph, film, or depiction of the child is obscene as defined by
  Section 43.21, Penal Code, or pornographic;
                     (I)  the current use by a person of a controlled
  substance as defined by Chapter 481, Health and Safety Code, in a
  manner or to the extent that the use results in physical, mental, or
  emotional injury to a child;
                     (J)  causing, expressly permitting, or
  encouraging a child to use a controlled substance as defined by
  Chapter 481, Health and Safety Code;
                     (K)  causing, permitting, encouraging, engaging
  in, or allowing a sexual performance by a child as defined by
  Section 43.25, Penal Code;
                     (L)  knowingly causing, permitting, encouraging,
  engaging in, or allowing a child to be trafficked in a manner
  punishable as an offense under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, or the failure to make a reasonable effort to
  prevent a child from being trafficked in a manner punishable as an
  offense under any of those sections; or
                     (M)  forcing or coercing a child to enter into a
  marriage.
         SECTION 40.  Section 71.0353, Government Code, is amended to
  read as follows:
         Sec. 71.0353.  TRAFFICKING OF PERSONS INFORMATION. As a
  component of the official monthly report submitted to the Office of
  Court Administration of the Texas Judicial System, a district court
  or county court at law shall report the number of cases filed for
  the following offenses:
               (1)  trafficking of persons under Section 20A.02, Penal
  Code;
               (2)  prostitution under Section 43.02, Penal Code;
               (3)  solicitation of prostitution under Section
  43.021, Penal Code; and
               (4) [(3)]  compelling prostitution under Section
  43.05, Penal Code.
         SECTION 41.  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 as a felony of
  the second degree under Section 43.021 [43.02(c-1)(2)], 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 solicitation of 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 42.  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
  [43.02(a)], 43.021 [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 as required by that chapter, 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,
  indecent assault, 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;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends;
                     (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, indecent
  assault, 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 43.  Section 411.1471(a), Government Code, is
  amended to read as follows:
         (a)  This section applies to a defendant who is:
               (1)  arrested for a felony prohibited under any of the
  following Penal Code sections:
                     (A)  Section 19.02;
                     (B)  Section 19.03;
                     (C)  Section 20.03;
                     (D)  Section 20.04;
                     (E)  Section 20.05;
                     (F)  Section 20.06;
                     (G)  Section 20A.02;
                     (H)  Section 20A.03;
                     (I)  Section 21.02;
                     (J)  Section 21.11;
                     (K)  Section 22.01;
                     (L)  Section 22.011;
                     (M)  Section 22.02;
                     (N)  Section 22.021;
                     (O)  Section 25.02;
                     (P)  Section 29.02;
                     (Q)  Section 29.03;
                     (R)  Section 30.02;
                     (S)  Section 31.03;
                     (T)  Section 43.03;
                     (U)  Section 43.04;
                     (V)  Section 43.05;
                     (W)  Section 43.25; or
                     (X)  Section 43.26; or
               (2)  convicted of an offense:
                     (A)  under Title 5, Penal Code, other than an
  offense described by Subdivision (1), that is punishable as a Class
  A misdemeanor or any higher category of offense, except for an
  offense punishable as a Class A misdemeanor under Section 22.05,
  Penal Code; or
                     (B)  under Section 21.08, 25.04, 43.021
  [43.02(b)], or 43.24, Penal Code.
         SECTION 44.  Section 81.093(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A court may direct a person convicted of an offense
  under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas
  Controlled Substances Act), or under Sections 485.031 through
  485.035 to be subject to the control measures of Section 81.083 and
  to the court-ordered management provisions of Subchapter G.
         SECTION 45.  The heading to Chapter 169, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
  PREVENTION PROGRAM
         SECTION 46.  Section 169.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 169.001.  FIRST OFFENDER SOLICITATION OF PROSTITUTION
  PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In
  this chapter, "first offender solicitation of prostitution
  prevention program" means a program that has the following
  essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety, to
  reduce the demand for the commercial sex trade and trafficking of
  persons by educating offenders, and to protect the due process
  rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to information, counseling, and services
  relating to sex addiction, sexually transmitted diseases, mental
  health, and substance abuse;
               (5)  a coordinated strategy to govern program responses
  to participant compliance;
               (6)  monitoring and evaluation of program goals and
  effectiveness;
               (7)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (8)  development of partnerships with public agencies
  and community organizations.
         (b)  If a defendant successfully completes a first offender
  solicitation of prostitution prevention program, regardless of
  whether the defendant was convicted of the offense for which the
  defendant entered the program or whether the court deferred further
  proceedings without entering an adjudication of guilt, after notice
  to the state and a hearing on whether the defendant is otherwise
  entitled to the petition, including whether the required time
  period has elapsed, and whether issuance of the order is in the best
  interest of justice, the court shall enter an order of
  nondisclosure of criminal history record information under
  Subchapter E-1, Chapter 411, Government Code, as if the defendant
  had received a discharge and dismissal under Article 42A.111, Code
  of Criminal Procedure, with respect to all records and files
  related to the defendant's arrest for the offense for which the
  defendant entered the program if the defendant:
               (1)  has not been previously convicted of a felony
  offense; and
               (2)  is not convicted of any other felony offense
  before the second anniversary of the defendant's successful
  completion of the program.
         SECTION 47.  Sections 169.002(a), (b), (d), (e), and (f),
  Health and Safety Code, are amended to read as follows:
         (a)  The commissioners court of a county or governing body of
  a municipality may establish a first offender solicitation of
  prostitution prevention program for defendants charged with an
  offense under Section 43.021 [43.02(b)], Penal Code.
         (b)  A defendant is eligible to participate in a first
  offender solicitation of 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(b), as
  that law existed before September 1, 2021 [43.02], 43.021, 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.
         (d)  A defendant is not eligible to participate in the first
  offender solicitation of prostitution prevention program if the
  defendant offered or agreed to hire a person to engage in sexual
  conduct and the person was younger than 18 years of age at the time
  of the offense.
         (e)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to participate in the
  first offender solicitation of prostitution prevention program or
  otherwise proceed through the criminal justice system.
         (f)  If a defendant who chooses to participate in the first
  offender solicitation of prostitution prevention program fails to
  attend any portion of the program, the court in which the
  defendant's criminal case is pending shall issue a warrant for the
  defendant's arrest and proceed on the criminal case as if the
  defendant had chosen not to participate in the program.
         SECTION 48.  Section 169.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A first offender solicitation of prostitution
  prevention program established under this chapter must:
               (1)  ensure that a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow any participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide each participant with information,
  counseling, and services relating to sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with classroom
  instruction related to the prevention of the solicitation of
  prostitution.
         SECTION 49.  Sections 169.004, 169.005, and 169.006, Health
  and Safety Code, are amended to read as follows:
         Sec. 169.004.  OVERSIGHT. (a)  The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of first offender solicitation of prostitution
  prevention programs established under this chapter.
         (b)  A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a first offender solicitation of prostitution
  prevention program established under this chapter.
         (c)  A first offender solicitation of prostitution
  prevention program established under this chapter shall:
               (1)  notify the criminal justice division of the
  governor's office before or on implementation of the program; and
               (2)  provide information regarding the performance of
  the program to the division on request.
         Sec. 169.005.  REIMBURSEMENT FEES. (a) A first offender
  solicitation of prostitution prevention program established under
  this chapter may collect from a participant in the program a
  nonrefundable reimbursement fee for the program in a reasonable
  amount not to exceed $1,000, from which the following must be paid:
               (1)  a counseling and services reimbursement fee in an
  amount necessary to cover the costs of the counseling and services
  provided by the program; and
               (2)  a law enforcement training reimbursement fee, in
  an amount equal to five percent of the total amount paid under
  Subdivision (1), to be deposited to the credit of the treasury of
  the county or municipality that established the program to cover
  costs associated with the provision of training to law enforcement
  personnel on domestic violence, prostitution, and the trafficking
  of persons.
         (b)  Reimbursement fees collected under this section may be
  paid on a periodic basis or on a deferred payment schedule at the
  discretion of the judge, magistrate, or program director
  administering the first offender solicitation of prostitution
  prevention program. The fees must be based on the participant's
  ability to pay.
         Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
  REQUIREMENT. (a)  To encourage participation in a first offender
  solicitation of prostitution prevention program established under
  this chapter, the judge or magistrate administering the program may
  suspend any requirement that, as a condition of community
  supervision, a participant in the program work a specified number
  of hours at a community service project.
         (b)  On a participant's successful completion of a first
  offender solicitation of prostitution prevention program, a judge
  or magistrate may excuse the participant from any condition of
  community supervision previously suspended under Subsection (a).
         SECTION 50.  Section 455.202(d)(2), Occupations Code, is
  amended to read as follows:
               (2)  "Sexual contact" includes:
                     (A)  any touching of any part of the genitalia or
  anus;
                     (B)  any touching of the breasts of a female
  without the written consent of the female;
                     (C)  any offer or agreement to engage in any
  activity described in Paragraph (A) or (B);
                     (D)  kissing without the consent of both persons;
                     (E)  deviate sexual intercourse, sexual contact,
  sexual intercourse, indecent exposure, sexual assault,
  prostitution, solicitation of prostitution, and promotion
  [promotions] of prostitution as described in Chapters 21, 22, and
  43, Penal Code, or any offer or agreement to engage in such
  activities;
                     (F)  any behavior, gesture, or expression that may
  reasonably be interpreted as inappropriately seductive or sexual;
  or
                     (G)  inappropriate sexual comments about or to a
  client, including sexual comments about a person's body.
         SECTION 51.  Section 15.031(b), Penal Code, is amended to
  read as follows:
         (b)  A person commits an offense if, with intent that an
  offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
  22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the
  person by any means requests, commands, or attempts to induce a
  minor or another whom the person believes to be a minor to engage in
  specific conduct that, under the circumstances surrounding the
  actor's conduct as the actor believes them to be, would constitute
  an offense under one of those sections or would make the minor or
  other believed by the person to be a minor a party to the commission
  of an offense under one of those sections.
         SECTION 52.  Section 25.08(c), Penal Code, is amended to
  read as follows:
         (c)  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 commits the offense with intent to commit an offense under
  Section 20A.02, 43.021 [43.02], 43.05, or 43.25.
         SECTION 53.  Section 25.081(c), Penal Code, is amended to
  read as follows:
         (c)  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 commits the offense with intent to commit an offense under
  Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.
         SECTION 54.  Section 43.01, Penal Code, is amended by adding
  Subdivision (6) to read as follows:
               (6)  "Solicitation of prostitution" means the offense
  defined in Section 43.021.
         SECTION 55.  Section 43.031(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person owns, manages,
  or operates an interactive computer service or information content
  provider, or operates as an information content provider, with the
  intent to promote the prostitution of another person or facilitate
  another person to engage in prostitution or solicitation of
  prostitution.
         SECTION 56.  Section 43.041(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person owns, manages,
  or operates an interactive computer service or information content
  provider, or operates as an information content provider, with the
  intent to promote the prostitution of five or more persons or
  facilitate five or more persons to engage in prostitution or
  solicitation of prostitution.
         SECTION 57.  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 prostitution as described by Section 43.02, Penal Code,
  solicitation of prostitution as described by Section 43.021, Penal
  Code, promotion of prostitution as described by Section 43.03,
  Penal Code, aggravated promotion of prostitution as described by
  Section 43.04, Penal Code, [or] compelling prostitution[,] as
  described [prohibited] by Section 43.05, [the] Penal Code, or
  trafficking of persons as described by Section 20A.02, Penal Code.
         SECTION 58.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.086 to read as follows:
         Sec. 37.086.  REQUIRED POSTING OF WARNING SIGNS OF INCREASED
  TRAFFICKING PENALTIES. (a) In this section:
               (1)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2)  "School" means a public or private primary or
  secondary school.
         (b)  Each school shall post warning signs of the increased
  penalties for trafficking of persons under Section 20A.02(b-1)(2),
  Penal Code, at the following locations:
               (1)  parallel to and along the exterior boundaries of
  the school's premises;
               (2)  at each roadway or other way of access to the
  premises;
               (3)  for premises not fenced, at least every five
  hundred feet along the exterior boundaries of the premises;
               (4)  at each entrance to the premises; and
               (5)  at conspicuous places reasonably likely to be
  viewed by all persons entering the premises.
         (c)  The agency, in consultation with the human trafficking
  prevention task force created under Section 402.035, Government
  Code, shall adopt rules regarding the placement, installation,
  design, size, wording, and maintenance procedures for the warning
  signs required under this section. The rules must require that each
  warning sign:
               (1)  include a description of the provisions of Section
  20A.02(b-1), Penal Code, including the penalties for violating that
  section;
               (2)  be written in English and Spanish; and
               (3)  be at least 8-1/2 by 11 inches in size.
         (d)  The agency shall provide each school without charge the
  number of warning signs required to comply with this section and
  rules adopted under this section. If the agency is unable to
  provide each school with the number of signs necessary to comply
  with Subsection (b), the agency may:
               (1)  provide to a school fewer signs than the number
  necessary to comply with that section; and
               (2)  prioritize distribution of signs to schools based
  on reports of criminal activity in the areas near that school.
         SECTION 59.  Section 33.021, Penal Code, is amended by
  adding Subsection (f-1) to read as follows:
         (f-1)  The punishment for an offense under this section is
  increased to the punishment prescribed for the next higher category
  of offense if it is shown on the trial of the offense that:
               (1)  the actor committed the offense during regular
  public or private primary or secondary school hours; and
               (2)  the actor knew or reasonably should have known
  that the minor was enrolled in a public or private primary or
  secondary school at the time of the offense.
         SECTION 60.  Section 43.01, Penal Code, is amended by adding
  Subdivisions (1-f) and (2-a) to read as follows.
               (1-f)  "Premises" has the meaning assigned by Section
  481.134, Health and Safety Code.
               (2-a)  "School" means a public or private primary or
  secondary school.
         SECTION 61.  Section 43.02, Penal Code, is amended by adding
  Subsection (c-2) to read as follows:
         (c-2)  The punishment prescribed for an offense under
  Subsection (b) is increased to the punishment prescribed for the
  next highest category of offense if it is shown on the trial of the
  offense that the actor committed the offense in a location that was:
               (1)  on the premises of or within 1,000 feet of the
  premises of a school; or
               (2)  on premises or within 1,000 feet of premises
  where:
                     (A)  an official school function was taking place;
  or
                     (B)  an event sponsored or sanctioned by the
  University Interscholastic League was taking place.
         SECTION 62.  The following provisions are repealed:
               (1)  Section 125.0017, Civil Practice and Remedies
  Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
  Legislature, Regular Session, 2017;
               (2)  Section 125.003(d), Civil Practice and Remedies
  Code;
               (3)  Section 125.004(a-3), Civil Practice and Remedies
  Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th
  Legislature, Regular Session, 2017;
               (4)  Section 125.068, Civil Practice and Remedies Code;
  and
               (5)  Section 20A.02(a-1), Penal Code.
         SECTION 63.  (a)  Sections 11.44(b), 11.46(c), and 61.42(c),
  Alcoholic Beverage Code, as amended by this Act, apply to an
  application for an alcoholic beverage permit or license filed on or
  after the effective date of this Act or pending on the effective
  date of this Act.
         (b)  Section 98.007, Civil Practice and Remedies Code, as
  added by this Act, applies only to an action filed on or after the
  effective date of this Act.
         (c)  The change in law made to Chapters 125 and 140A, Civil
  Practice and Remedies Code, by this Act applies only to a cause of
  action that accrues on or after the effective date of this Act. A
  cause of action that accrues before the effective date of this Act
  is governed by the law applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         (d)  Except as otherwise provided by this section, the
  changes in law made by this Act apply 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.
         SECTION 64.  The Texas Education Agency is required to
  implement the change in law made by Section 37.086(d), Education
  Code, as added by this Act, only if the legislature appropriates
  money specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the agency may,
  but is not required to, implement the change in law made by Section
  37.086(d), Education Code, as added by this Act, using other
  appropriations available for that purpose.
         SECTION 65.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1540 was passed by the House on April
  14, 2021, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1540 on May 28, 2021, by the following vote:  Yeas 145, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1540 was passed by the Senate, with
  amendments, on May 20, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor