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  By: Thompson of Harris, et al. H.B. No. 1540
        (Senate Sponsor - Huffman)
         (In the Senate - Received from the House April 14, 2021;
  April 19, 2021, read first time and referred to Committee on
  Jurisprudence; May 17, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 4, Nays 0;
  May 17, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1540 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
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 Subdivision (1-a) 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.
         SECTION 22.  Section 20A.02(b), Penal Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, 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.
         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.  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 29.  (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)  The change in law made to Section 481.134, Health and
  Safety Code, and the Penal Code by this Act applies only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 30.  This Act takes effect September 1, 2021.
 
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