H.B. No. 10
 
 
 
 
AN ACT
  rela
  ting to certain criminal and civil consequences of trafficking
  of persons, compelling prostitution, and certain other related
  criminal offenses; to the prevention, prosecution, and punishment
  of those offenses, and to compensation paid to victims of those
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 12.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
  felony indictments may be presented within these limits, and not
  afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if during the investigation
  of the offense biological matter is collected and subjected to
  forensic DNA testing and the testing results show that the matter
  does not match the victim or any other person whose identity is
  readily ascertained;
                     (D)  continuous sexual abuse of young child or
  children under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (F)  an offense involving leaving the scene of an
  accident under Section 550.021, Transportation Code, if the
  accident resulted in the death of a person;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code; [or]
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code; or
                     (I)  compelling prostitution under Section
  43.05(a)(2), Penal Code;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which he exercises control in his official capacity;
                     (C)  forgery or the uttering, using or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1);
                     (F)  arson;
                     (G)  trafficking of persons under Section
  20A.02(a)(1), (2), (3), or (4), Penal Code; or
                     (H)  compelling prostitution under Section
  43.05(a)(1), Penal Code;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  misapplication of fiduciary property or
  property of a financial institution;
                     (B)  securing execution of document by deception;
                     (C)  a felony violation under Chapter 162, Tax
  Code;
                     (D)  false statement to obtain property or credit
  under Section 32.32, Penal Code;
                     (E)  money laundering;
                     (F)  credit card or debit card abuse under Section
  32.31, Penal Code;
                     (G)  fraudulent use or possession of identifying
  information under Section 32.51, Penal Code;
                     (H)  Medicaid fraud under Section 35A.02, Penal
  Code; or
                     (I)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (6);
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping or burglary;
                     (C)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (D)  abandoning or endangering a child; or
                     (E)  insurance fraud;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  sexual performance by a child under Section
  43.25, Penal Code;
                     (B)  aggravated kidnapping under Section
  20.04(a)(4), Penal Code, if the defendant committed the offense
  with the intent to violate or abuse the victim sexually; or
                     (C)  burglary under Section 30.02, Penal Code, if
  the offense is punishable under Subsection (d) of that section and
  the defendant committed the offense with the intent to commit an
  offense described by Subdivision (1)(B) or (D) of this article or
  Paragraph (B) of this subdivision;
               (6)  ten years from the 18th birthday of the victim of
  the offense:
                     (A)  trafficking of persons under Section
  20A.02(a)(5) or (6), Penal Code;
                     (B)  injury to a child under Section 22.04, Penal
  Code; or
                     (C)  [compelling prostitution under Section
  43.05(a)(2), Penal Code; or
                     [(D)]  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed; or
               (7)  three years from the date of the commission of the
  offense: all other felonies.
         SECTION 2.  Article 56.32(a)(14), Code of Criminal
  Procedure, is amended to read as follows:
               (14)  "Trafficking of persons" means any offense that
  results in a person engaging in forced labor or services, including
  sexual conduct, and that may be prosecuted under Section 20A.02,
  20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
         SECTION 3.  Article 56.41, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Subsection (b)(3) does not apply to a claimant or
  victim who seeks compensation for criminally injurious conduct that
  is:
               (1)  in violation of Section 20A.02(a)(7), Penal Code;
  or
               (2)  trafficking of persons, other than an offense
  described by Subdivision (1), if the criminally injurious conduct
  the claimant or victim participated in was the result of force,
  fraud, or coercion.
         SECTION 4.  Article 56.45, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 56.45.  DENIAL OR REDUCTION OF AWARD. (a) The attorney
  general may deny or reduce an award otherwise payable:
               (1)  if the claimant or victim has not substantially
  cooperated with an appropriate law enforcement agency;
               (2)  if the claimant or victim bears a share of the
  responsibility for the act or omission giving rise to the claim
  because of the claimant's or victim's behavior;
               (3)  to the extent that pecuniary loss is recouped from
  a collateral source; or
               (4)  if the claimant or victim was engaging in an
  activity that at the time of the criminally injurious conduct was
  prohibited by law or a rule made under law.
         (b)  Subsection (a)(4) does not apply to a claimant or victim
  who seeks compensation for criminally injurious conduct that is:
               (1)  in violation of Section 20A.02(a)(7), Penal Code;
  or
               (2)  trafficking of persons, other than an offense
  described by Subdivision (1), if the activity the claimant or
  victim engaged in was the result of force, fraud, or coercion.
  SECTION 5.  Article 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), 21.11 (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 43.05 (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 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c)(3) 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), or (K);
                     (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), or (K), 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; or
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code.
         SECTION 6.  Section 38.004(a), Education Code, is amended to
  read as follows:
         (a)  The agency shall develop a policy governing the reports
  of child abuse or neglect, including reports related to the
  trafficking of a child under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, as required by Chapter 261, Family Code, for [of]
  school districts, open-enrollment charter schools, and their
  employees.  The policy must provide for cooperation with law
  enforcement child abuse investigations without the consent of the
  child's parents if necessary, including investigations by the
  Department of Family and Protective Services.  The policy must
  require each school district and open-enrollment charter school
  employee to report child abuse or neglect, including the
  trafficking of a child under Section 20A.02(a)(5) or (7), Penal
  Code, in the manner required by Chapter 261, Family Code.  Each
  school district and open-enrollment charter school shall adopt the
  policy.
         SECTION 7.  Section 22.011, Government Code, is amended to
  read as follows:
         Sec. 22.011.  JUDICIAL INSTRUCTION RELATED TO FAMILY
  VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE.
  (a)  The supreme court shall provide judicial training related to
  the problems of family violence, sexual assault, trafficking of
  persons, and child abuse and to issues concerning sex offender
  characteristics.
         (d)  The instruction must include information about:
               (1)  statutory and case law relating to videotaping a
  child's testimony and relating to competency of children to
  testify;
               (2)  methods for eliminating the trauma to the child
  caused by the court process;
               (3)  case law, statutory law, and procedural rules
  relating to family violence, sexual assault, trafficking of
  persons, and child abuse;
               (4)  methods for providing protection for victims of
  family violence, sexual assault, trafficking of persons, or child
  abuse;
               (5)  available community and state resources for
  counseling and other aid to victims and to offenders;
               (6)  gender bias in the judicial process;
               (7)  dynamics and effects of being a victim of family
  violence, sexual assault, trafficking of persons, or child abuse;
  and
               (8)  issues concerning sex offender characteristics.
         SECTION 8.  The heading to Section 22.110, Government Code,
  is amended to read as follows:
         Sec. 22.110.  JUDICIAL INSTRUCTION RELATED TO FAMILY
  VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE
  AND NEGLECT.
         SECTION 9.  Sections 22.110(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  The court of criminal appeals shall assure that judicial
  training related to the problems of family violence, sexual
  assault, trafficking of persons, and child abuse and neglect is
  provided.
         (b)  The court of criminal appeals shall adopt the rules
  necessary to accomplish the purposes of this section. The rules
  must require each district judge, judge of a statutory county
  court, associate judge appointed under Chapter 54A of this code or
  Chapter 201, Family Code, master, referee, and magistrate to
  complete at least 12 hours of the training within the judge's first
  term of office or the judicial officer's first four years of service
  and provide a method for certification of completion of that
  training. At least four hours of the training must be dedicated to
  issues related to trafficking of persons and child abuse and
  neglect and must cover at least two of the topics described in
  Subsections (d)(8)-(12). At least six hours of the training must be
  dedicated to the training described by Subsections (d)(5), (6), and
  (7). The rules must require each judge and judicial officer to
  complete an additional five hours of training during each
  additional term in office or four years of service. At least two
  hours of the additional training must be dedicated to issues
  related to trafficking of persons and child abuse and neglect. The
  rules must exempt from the training requirement of this subsection
  each judge or judicial officer who files an affidavit stating that
  the judge or judicial officer does not hear any cases involving
  family violence, sexual assault, trafficking of persons, or child
  abuse and neglect.
         (d)  The instruction must include information about:
               (1)  statutory and case law relating to videotaping a
  child's testimony and relating to competency of children to
  testify;
               (2)  methods for eliminating the trauma to the child
  caused by the court process;
               (3)  case law, statutory law, and procedural rules
  relating to family violence, sexual assault, trafficking of
  persons, and child abuse and neglect;
               (4)  methods for providing protection for victims of
  family violence, sexual assault, trafficking of persons, and child
  abuse and neglect;
               (5)  available community and state resources for
  counseling and other aid to victims and to offenders;
               (6)  gender bias in the judicial process;
               (7)  dynamics and effects of being a victim of family
  violence, sexual assault, trafficking of persons, or child abuse
  and neglect;
               (8)  dynamics of sexual abuse of children, including
  child abuse accommodation syndrome and grooming;
               (9)  impact of substance abuse on an unborn child and on
  a person's ability to care for a child;
               (10)  issues of attachment and bonding between children
  and caregivers;
               (11)  issues of child development that pertain to
  trafficking of persons and child abuse and neglect; and
               (12)  medical findings regarding physical abuse,
  sexual abuse, trafficking of persons, and child abuse and neglect.
         SECTION 10.  Section 402.035, Government Code, is amended by
  amending Subsections (c), (d), and (h) and adding Subsections (f-1)
  and (f-2) to read as follows:
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services or the commissioner's designee;
               (6)  the public safety director of the Department of
  Public Safety or the director's designee;
               (7)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  the Texas Juvenile Justice Department [Youth
  Commission];
                     (D)  the Texas Education Agency [Juvenile
  Probation Commission]; [and]
                     (E)  the Texas Alcoholic Beverage Commission;
  [and]
                     (F)  the Texas Parks and Wildlife Department; and
                     (G)  the Supreme Court of Texas Permanent Judicial
  Commission for Children, Youth and Families; and
               (8)  as appointed by the attorney general:
                     (A)  a chief public defender employed by a public
  defender's office, as defined by Article 26.044(a), Code of
  Criminal Procedure, or an attorney designated by the chief public
  defender;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association; and
                           (iii)  a state police association;
                     (D)  representatives of sheriff's departments;
                     (E)  representatives of local law enforcement
  agencies affected by human trafficking; and
                     (F)  representatives of nongovernmental entities
  making comprehensive efforts to combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; or
                           (v)  engaging in other activities designed
  to prevent human trafficking.
         (d)  The task force shall:
               (1)  collaborate, as needed to fulfill the duties of
  the task force, with:
                     (A)  United States Attorneys' Offices [attorneys]
  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;
  and
                           (ii)  the offense of forgery or an offense
  under Chapter 43, Penal Code, if 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
  [Officer Standards and Education] 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; [and]
               (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; and
               (12)  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.
         (f-1)  The following state agencies shall designate an
  individual who is authorized to coordinate the agency's resources
  to strengthen state and local efforts to prevent human trafficking,
  protect and assist human trafficking victims, and investigate and
  prosecute human trafficking offenders:
               (1)  the Texas Alcoholic Beverage Commission;
               (2)  the Department of Family and Protective Services;
               (3)  the Department of Public Safety;
               (4)  the Department of State Health Services;
               (5)  the Health and Human Services Commission;
               (6)  the Texas Juvenile Justice Department;
               (7)  the office of the attorney general; and
               (8)  the office of the governor.
         (f-2)  Each state agency shall provide to the task force the
  name of the individual designated under Subsection (f-1).
         (h)  This section expires September 1, 2017 [2015].
         SECTION 11.  Chapter 772, Government Code, is amended by
  adding Section 772.0062 to read as follows:
         Sec. 772.0062.  CHILD SEX TRAFFICKING PREVENTION UNIT. (a)
  In this section:
               (1)  "Child sex trafficking" means conduct prohibited
  under Section 20A.02(a)(7) or (8), Penal Code.
               (2)  "Unit" means the Child Sex Trafficking Prevention
  Unit.
         (b)  The governor shall establish the Child Sex Trafficking
  Prevention Unit within the criminal justice division established
  under Section 772.006.
         (c)  The governor shall appoint a director for the unit to
  serve at the pleasure of the governor.
         (d)  The unit shall:
               (1)  assist the following agencies in leveraging and
  coordinating state resources directed toward child sex trafficking
  prevention:
                     (A)  the office of the attorney general;
                     (B)  the Health and Human Services Commission;
                     (C)  the Department of Family and Protective
  Services;
                     (D)  the Texas Juvenile Justice Department;
                     (E)  the Department of State Health Services;
                     (F)  the Texas Alcoholic Beverage Commission; and
                     (G)  the Department of Public Safety;
               (2)  facilitate collaborative efforts among the
  agencies under Subdivision (1) to:
                     (A)  prevent child sex trafficking;
                     (B)  recover victims of child sex trafficking; and
                     (C)  place victims of child sex trafficking in
  suitable short-term and long-term housing;
               (3)  collect and analyze research and information in
  all areas related to child sex trafficking, and distribute the
  research, information, and analyses to the agencies and to relevant
  nonprofit organizations;
               (4)  refer victims of child sex trafficking to
  available rehabilitation programs and other resources;
               (5)  provide support for child sex trafficking
  prosecutions; and
               (6)  develop recommendations for improving state
  efforts to prevent child sex trafficking, to be submitted to the
  legislature as part of the criminal justice division's biennial
  report required under Section 772.006(a)(9).
         SECTION 12.  Section 20A.03(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, during a period that is
  30 or more days in duration, the person engages two or more times in
  conduct that constitutes an offense under Section 20A.02 against
  one or more victims.
         SECTION 13.  Chapter 20A, Penal Code, is amended by adding
  Section 20A.04 to read as follows:
         Sec. 20A.04.  ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
  (a) A party to an offense under this chapter may be required to
  provide evidence or testify about the offense.
         (b)  A party to an offense under this chapter may not be
  prosecuted for any offense about which the party is required to
  provide evidence or testify, and the evidence and testimony may not
  be used against the party in any adjudicatory proceeding except a
  prosecution for aggravated perjury. For purposes of this
  subsection, "adjudicatory proceeding" means a proceeding before a
  court or any other agency of government in which the legal rights,
  powers, duties, or privileges of specified parties are determined.
         (c)  A conviction under this chapter may be had on the
  uncorroborated testimony of a party to the offense.
         SECTION 14.  Section 43.02(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under this section;
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under this section;
  or
               (3)  a felony of the second degree if the person
  solicited is:
                     (A)  younger than 18 years of age, regardless of
  whether the actor knows the age of the person solicited at the time
  the actor commits 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 15.  The change in law made by this Act to Article
  12.01, Code of Criminal Procedure, does not apply to an offense if
  the prosecution of that offense becomes barred by limitation before
  the effective date of this Act. The prosecution of that offense
  remains barred as if this Act had not taken effect.
         SECTION 16.  The changes in law made by this Act to Chapter
  56, Code of Criminal Procedure, apply only to a criminal offense
  committed or a violation that occurs on or after the effective date
  of this Act. A criminal offense committed or a violation that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the offense was committed or the violation
  occurred, and the former law is continued in effect for that
  purpose. For purposes of this section, a criminal offense was
  committed or a violation occurred before the effective date of this
  Act if any element of the offense or violation occurred before that
  date.
         SECTION 17.  The changes in law made by this Act to Article
  62.001(5), Code of Criminal Procedure, and Sections 20A.03 and
  43.02, Penal Code, 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 18.  (a) Not later than December 1, 2015, the
  Supreme Court of Texas shall adopt the rules necessary to provide
  the training required under Section 22.011, Government Code, as
  amended by this Act.
         (b)  Not later than December 1, 2015, the Texas Court of
  Criminal Appeals shall adopt the rules necessary to provide the
  training required under Section 22.110, Government Code, as amended
  by this Act.
         (c)  Notwithstanding Section 22.110, Government Code, as
  amended by this Act, a judge, master, referee, and magistrate who is
  in office on the effective date of this Act must complete the
  training required by Section 22.110, Government Code, as amended by
  this Act, as applicable, not later than December 1, 2017.
         SECTION 19.  The change in law made by this Act in adding
  Section 20A.04, Penal Code, applies to a criminal proceeding that
  commences on or after the effective date of this Act. A criminal
  proceeding that commences before the effective date of this Act is
  covered by the law in effect when the proceeding commenced, and the
  former law is continued in effect for that purpose.
         SECTION 20.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 10 was passed by the House on March
  17, 2015, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 10 on May 26, 2015, by the following vote:  Yeas 146, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 10 was passed by the Senate, with
  amendments, on May 22, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor