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