BILL ANALYSIS

H.B. 2590

By: Olcott

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, Texas provides a schedule of escalation of an offense for multiple convictions of indecent exposure. The bill author has informed the committee of this schedule and has expressed concern that a conviction of indecent exposure involving a child victim does not currently count toward the conviction escalation schedule under the applicable provision. H.B. 2590 seeks to address this issue by allowing for the escalation of the offense to a state jail felony if the defendant in question has a conviction for any offense that required them to register as a sex offender.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2590 amends the Penal Code to expand the conduct that constitutes the state jail felony offense of indecent exposure to include an indecent exposure offense for which it is shown on the trial of the offense that the defendant has been previously convicted of or placed on deferred adjudication community supervision for an offense that is considered to be a reportable conviction or adjudication under the sex offender registration program.

H.B. 2590 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

To the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

EFFECTIVE DATE

September 1, 2025.