BILL ANALYSIS

Senate Research Center	H.B. 47
89R5743 AJZ-F	By: Howard et al. (Zaffirini)
	Criminal Justice
	5/6/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2015, H.B. 1590 created the Sexual Assault Survivors' Task Force (SASTF) to develop a survivor-centered, trauma-informed response to sexual violence in Texas. Current law, however, still contains major gaps that leave survivors vulnerable. Survivors, for example, can only break a lease if the assault occurred at that property, restricting their ability to relocate for safety. H.B. 47 would fix this by allowing lease termination regardless of where the assault happened. What's more, a loophole in current law allows registered sex offenders to work as rideshare drivers, putting passengers at risk�H.B. 47 would close this gap by prohibiting them from holding these jobs.

Currently, courts consider only the impact of case delays on child sexual assault and family violence survivors, leaving adult survivors without similar protections. H.B. 47 would extend this right to adult survivors, ensuring they are not sidelined in court proceedings. Equally concerning, survivors are not guaranteed adequate post-assault healthcare, including HIV tests, STI treatments, and prescriptions, beyond the initial forensic exam. Accordingly, this bill would expand coverage for 30 days of follow-up care, require trauma-informed training for ER staff, extend sexual assault nurse examiner certifications to improve survivor care, expand training for emergency room physicians and physician assistants, and require the Health and Human Services Commission to include legal service resources in its informational materials for survivors.

Finally, sexual assault response teams are not required to report data to their county commissioners' court, making it difficult to assess responses to sexual violence. H.B. 47 would require biennial reporting, increasing accountability to improve services. Overall, these reforms would enhance safety, strengthen legal protections, and ensure a more effective statewide response.

H.B. 47 amends current law relating to sexual assault and other sex offenses.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Medical Board is modified in SECTION 17 (Section 156.057, Occupations Code) of this bill.

Rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 26 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 29.14(a), Code of Criminal Procedure, to redefine "victim."

SECTION 2. Amends Article 56A.051(a), Code of Criminal Procedure, as follows:

(a) Provides that a victim, guardian of a victim, or close relative of a deceased victim is entitled to certain rights within the criminal justice system, including the right to receive certain information, in the manner provided by Article 56A.0525 (Authorized Form of Notifications) including, for a victim of a sexual assault, regarding the payment under Subchapter G (Forensic Medical Examination of Sexual Assault Victim) for a forensic medical examination and for any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination, as provided by Subchapter G. Makes nonsubstantive changes.

SECTION 3. Amends Article 56A.052(a), Code of Criminal Procedure, as follows:

(a) Provides that a victim, guardian of a victim, or close relative of a deceased victim of an offense under certain sections of the Penal Code is entitled to certain rights within the criminal justice system, including, for the victim, the right to certain medical assistance, including any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following a forensic medical examination, as provided by Subchapter G. Makes nonsubstantive changes.

SECTION 4. Amends Article 56A.304(a), Code of Criminal Procedure, as follows:

(a) Provides that, on application to the attorney general and subject to Article 56A.305(e) (relating to authorizing the attorney general to deny or reduce a payment to the extent that the amount otherwise proposed for reimbursement is recouped from a collateral source), a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination in accordance with this subchapter, as applicable, is entitled to be reimbursed in an amount set by attorney general rule for certain costs, including the reasonable costs of other medical care provided to the victim during the forensic medical examination in accordance with Subchapters A (Emergency Services for Survivors) and B (Sexual Assault Forensic Examination Programs), Chapter 323 (Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault), Health and Safety Code, and of any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination, including medication and medical testing.

SECTION 5. Amends Article 56A.401, Code of Criminal Procedure, as follows:

Art. 56A.401. NOTIFICATION OF RIGHTS. Requires that at the initial contact or at the earliest possible time after the initial contact between a victim of a reported offense and the law enforcement agency having the responsibility for investigating the offense, the agency provide the victim a written notice containing certain information, including notice that the victim has the right to receive information, for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination and for any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination, as provided by Subchapter G.

SECTION 6. Amends Article 56A.451(a), Code of Criminal Procedure, as follows:

(a) Requires the attorney representing the state, not later than the 10th day after the date that an indictment or information is returned against a defendant for an offense, to give to each victim of the offense a written notice containing certain information, including notification of the right to receive information, for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination and for any prescribed continuing medical care that is related to the sexual assault and provided to the victim during the 30-day period following that examination, as provided by Subchapter G.

SECTION 7. Amends Article 62.063, Code of Criminal Procedure, as follows:

Art. 62.063. PROHIBITED EMPLOYMENT. (a) Defines "digitally prearranged ride."

(b) Provides that a person subject to registration under Chapter 62 (Sex Offender Registration Program) because of a reportable conviction or adjudication for which an affirmative finding is entered under certain articles, as appropriate, is prohibited from, for compensation providing or offering to provide a passenger taxicab or limousine transportation service, or a digitally prearranged ride.

SECTION 8. Amends Section 57.002(a), Family Code, to make a conforming change.

SECTION 9. Amends Section 420.011(c), Government Code, to provide that the certification of a sexual assault nurse examiner is valid for three, rather than two, years from the date of issuance.

SECTION 10. Amends Sections 323.0046(a) and (b), Health and Safety Code, as follows:

(a) Requires a health care facility that has an emergency department to provide at least one hour of basic sexual assault response training to facility employees and contractors who provide patient admission functions, patient-related administrative support functions, or direct patient care.

(b) Makes a conforming change to this subsection.

SECTION 11. Amends Section 323.005(a), Health and Safety Code, as follows:

(a) Requires the Health and Human Services Commission (HHSC) to develop a standard information form for sexual assault survivors that is required to include certain information, including the names and contact information of legal aid services providers statewide. Makes nonsubstantive changes.

SECTION 12. Amends Section 323.0051(a), Health and Safety Code, to require that the information form required to be developed by HHSC for sexual assault survivors who arrive at a health care facility that is not a SAFE-ready facility include certain information and statements, including the names and contact information of legal aid services providers statewide. Makes nonsubstantive changes.

SECTION 13. Amends Section 323.0052(a), Health and Safety Code, to require that the form required to be developed by HHSC that is to be provided to certain sexual assault survivors include certain information, including the names and contact information of legal aid services providers statewide. Makes nonsubstantive changes.

SECTION 14. Amends Section 323.053, Health and Safety Code, to delete existing text requiring that a SAFE program provide to survivors the information form required by certain sections, as applicable, and orally communicate the information regarding crime victims compensation under Section 323.005(a)(4) (relating to requiring HHSC to develop a standard information form for sexual assault survivors that is required to include information regarding crime victims compensation and regarding the payment of costs and the reimbursements available for care).

SECTION 15. Amends Section 351.257, Local Government Code, as follows:

Sec. 351.257. REPORT. (a) Creates this subsection from existing text and makes no further changes.

(b) Requires the commissioners court of each county that receives a report described by Subsection (a) (relating to a report that includes certain documents) during the preceding year, not later than February 1 of each even-numbered year, to submit that report to the Sexual Assault Survivors' Task Force established under Section 772.0064 (Sexual Assault Survivors' Task Force), Government Code.

SECTION 16. Amends Subchapter J, Chapter 351, Local Government Code, by adding Section 351.2571, as follows:

Sec. 351.2571. NONCOMPLIANCE. Authorizes failure to comply with the requirements of Section 351.257 to be used to determine eligibility for receiving grant funds from the Office of the Governor or another state agency.

SECTION 17. Amends Section 156.057, Occupation Code, as follows:

Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION. (a) Requires, rather than authorizes, a physician licensed under Subtitle B (Physicians) who submits an application for renewal of a license to practice medicine and whose practice includes treating patients in an emergency room setting to complete at least two hours of continuing medical education relating to:

(1) the provision of trauma-informed care to sexual assault survivors;

(2) appropriate community referrals and prophylactic medications;

(3) the rights of a sexual assault survivor under Chapter 56A, Code of Criminal Procedure, including the opportunity to request the presence of an advocate as defined by Section 420.003 (Definitions), Government Code, and a forensic medical examination;

(4) forensic evidence collection methods; and

(5) applicable state law pertaining to the custody, transfer, and tracking of forensic evidence.

(b) Requires that the content of the continuing medical education relating to forensic evidence collection conform to the evidence collection protocol distributed by the attorney general under Section 420.031 (Evidence Collection Protocol; Kits), Government Code.

(c) Authorizes the Texas Medical Board (TMB) to permit the continuing medical education under this section to be counted toward the hours of continuing medical education required by Section 156.051(a)(2).

SECTION 18. Amends Subchapter D, Chapter 204, Occupations Code, by adding Section 204.1563, as follows:

Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION. (a) Requires a physician assistant licensed under this chapter whose practice includes treating patients in an emergency room setting to complete at least two hours of continuing medical education relating to:

(1) the provision of trauma-informed care to sexual assault survivors;

(2) appropriate community referrals and prophylactic medications;

(3) the rights of a sexual assault survivor under Chapter 56A, Code of Criminal Procedure, including the opportunity to request the presence of an advocate as defined by Section 420.003, Government Code, and a forensic medical examination;

(4) forensic evidence collection methods; and

(5) applicable state law pertaining to the custody, transfer, and tracking of forensic evidence.

(c) Authorizes the Texas Physician Assistant Board (PAB) to permit the continuing medical education under this section to be counted toward the continuing education requirements under Section 204.1562(a)(2) (relating to requiring PAB to adopt and administer rules that require at least one-half of the hours of continuing medical education to be approved by PAB).

SECTION 19. Amends Sections 2402.107(a) and (b), Occupations Code, as follows:

(a) Requires a transportation network company, before permitting an individual to log in as a driver on the company's digital network, to perform certain actions, including conducting, or causing to be conducted, a local, state, and national criminal background check for the individual that includes the use of the state sex offender public website maintained by the Department of Public Safety (DPS).

(b) Prohibits a transportation network company from permitting an individual to log in as a driver on the company's digital network if the individual is found to be registered in the national sex offender public website maintained by the United States Department of Justice or a successor agency or in the state sex offender public website maintained by DPS.

SECTION 20. Amends Section 92.0161(c), Property Code, as follows:

(c) Deletes existing text requiring the tenant, if the tenant is a victim or a parent or guardian of a victim of certain sexual offenses under the Penal Code, that takes place during the preceding six-month period on the premises or at any dwelling on the premises, to provide to the landlord or the landlord's agent a copy of certain documentation.

SECTION 21. Repealer: Section 323.005(d) (relating to requiring a health care facility to ensure that certain information is orally communicated to the survivor), Health and Safety Code.

SECTION 22. Makes application of Chapter 56A, Code of Criminal Procedure, as amended by this Act, prospective.

SECTION 23. Makes application of Section 420.011(c), Government Code, as amended by this Act, prospective.

SECTION 24. Makes application of Section 156.057, Occupations Code, as amended by this Act, and Section 204.1563, Occupations Code, as added by this Act, prospective to September 1, 2026.

SECTION 25. Requires TMB, not later than June 1, 2026, to adopt the rules required by Section 156.057, Occupations Code, as amended by this Act.

SECTION 26. Requires PAB, not later than June 1, 2026, to adopt rules to implement Section 204.1563, Occupations Code, as added by this Act.

SECTION 27. Effective date: September 1, 2025.