87R3218 JSC-D
	By: Moody	H.B. No. 1086

	A BILL TO BE ENTITLED
	AN ACT
	relating to the criminal penalties for certain criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 502.001(c), Business & Commerce Code, is
	amended to read as follows:
	(c)  A restaurant or bar owner shall display in a prominent
	place on the premises of the restaurant or bar a sign stating in
	letters at least one-half inch high:  "UNDER SECTION 32.51, PENAL
	CODE, IT IS A [STATE JAIL] FELONY OF THE FOURTH DEGREE (PUNISHABLE
	BY IMPRISONMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
	[CONFINEMENT IN A STATE JAIL] FOR NOT MORE THAN TWO YEARS) TO
	OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT
	CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT."
	SECTION 2.  Section 101.029, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 101.029.  LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
	INMATES. (a) The Texas Department of Criminal Justice is liable
	for property damage, personal injury, and death proximately caused
	by the wrongful act or omission or the negligence of an inmate [or
	state jail defendant] housed in a facility operated by the
	department if:
	(1)  the property damage, personal injury, or death
	arises from the operation or use of a motor-driven vehicle or
	motor-driven equipment;
	(2)  the inmate [or defendant] would be personally
	liable to the claimant for the property damage, personal injury, or
	death according to Texas law were the inmate [or defendant] a
	private person acting in similar circumstances; and
	(3)  the act, omission, or negligence was committed by
	the inmate [or defendant] acting in the course and scope of a task
	or activity that:
	(A)  the inmate [or defendant] performed at the
	request of an employee of the department; and
	(B)  the inmate [or defendant] performed under the
	control or supervision of the department.
	(b)  A claimant may not name the inmate [or state jail
	defendant] whose act or omission gave rise to the claim as a
	codefendant in an action brought under this section.
	(c)  A judgment in an action or a settlement of a claim
	against the Texas Department of Criminal Justice under this section
	bars any action involving the same subject matter by the claimant
	against the inmate [or state jail defendant] whose act or omission
	gave rise to the claim. A judgment in an action or a settlement of a
	claim against an inmate [or state jail defendant] bars any action
	involving the same subject matter by the claimant against the Texas
	Department of Criminal Justice under this section.
	(d)  This section does not apply to property damage, personal
	injury, or death sustained by an inmate [or state jail defendant].
	SECTION 3.  Article 42A.056, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
	SUPERVISION.  A defendant is not eligible for community
	supervision under Article 42A.055 if the defendant:
	(1)  is sentenced to a term of imprisonment that
	exceeds 10 years;
	(2)  [is convicted of a state jail felony for which
	suspension of the imposition of the sentence occurs automatically
	under Article 42A.551;
	[(3)]  is adjudged guilty of an offense under Section
	19.02, Penal Code;
	(3) [(4)]  is convicted of an offense under Section
	21.11, 22.011, or 22.021, Penal Code, if the victim of the offense
	was younger than 14 years of age at the time the offense was
	committed;
	(4) [(5)]  is convicted of an offense under Section
	20.04, Penal Code, if:
	(A)  the victim of the offense was younger than 14
	years of age at the time the offense was committed; and
	(B)  the actor committed the offense with the
	intent to violate or abuse the victim sexually;
	(5) [(6)]  is convicted of an offense under Section
	20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code; or
	(6) [(7)]  is convicted of an offense for which
	punishment is increased under Section 481.134(c), (d), (e), or (f),
	Health and Safety Code, if it is shown that the defendant has been
	previously convicted of an offense for which punishment was
	increased under any of those subsections.
	SECTION 4.  Articles 42A.515(a) and (c), Code of Criminal
	Procedure, as added by Chapter 413 (S.B. 20), Acts of the 86th
	Legislature, Regular Session, 2019, are amended to read as follows:
	(a)  Except as provided by Subsection (e), on a defendant's
	conviction of a Class A or B misdemeanor under Section 43.02(a),
	Penal Code, the judge shall suspend imposition of the sentence and
	place the defendant on community supervision.
	(c)  A judge who places a defendant on community supervision
	under Subsection (a) [or (b)] shall require as a condition of
	community supervision that the defendant participate in a
	commercially sexually exploited persons court program established
	under Chapter 126, Government Code, if a program has been
	established for the county or municipality where the defendant
	resides. Sections 126.002(b) and (c), Government Code, do not apply
	with respect to a defendant required to participate in the court
	program under this subsection.
	SECTION 5.  Article 56A.552, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 56A.552.  NOTIFICATION OF VICTIM. The department shall
	immediately notify the victim of an offense, the victim's guardian,
	or the victim's close relative if the victim is deceased, if the
	victim, victim's guardian, or victim's close relative has notified
	the department as provided by Article 56A.554, when the defendant:
	(1)  escapes from a facility operated by the department
	for the imprisonment of individuals convicted of felonies [other
	than state jail felonies]; or
	(2)  is transferred from the custody of a facility
	described by Subdivision (1) to the custody of a peace officer under
	a writ of attachment or a bench warrant.
	SECTION 6.  Article 56A.553, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 56A.553.  NOTIFICATION OF WITNESS. The department
	shall immediately notify a witness who testified against a
	defendant at the trial for the offense for which the defendant is
	imprisoned, the witness's guardian, or the witness's close
	relative, if the witness, witness's guardian, or witness's close
	relative has notified the department as provided by Article
	56A.554, when the defendant:
	(1)  escapes from a facility operated by the department
	for the imprisonment of individuals convicted of felonies [other
	than state jail felonies]; or
	(2)  is transferred from the custody of a facility
	described by Subdivision (1) to the custody of a peace officer under
	a writ of attachment or a bench warrant.
	SECTION 7.  Article 58.106, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 58.106.  DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
	This subchapter does not prohibit the inspector general of the
	Texas Department of Criminal Justice from disclosing a victim's
	identifying information to an employee of the department or the
	department's ombudsperson if the victim is an inmate [or state jail
	defendant] confined in a facility operated by or under contract
	with the department.
	SECTION 8.  Article 58.107(d), Code of Criminal Procedure,
	is amended to read as follows:
	(d)  It is an exception to the application of this article
	that:
	(1)  the person who discloses the name, address, or
	telephone number of a victim is the inspector general of the Texas
	Department of Criminal Justice;
	(2)  the victim is an inmate [or state jail defendant]
	confined in a facility operated by or under contract with the
	department; and
	(3)  the person to whom the disclosure is made is an
	employee of the department or the department's ombudsperson.
	SECTION 9.  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), 21.09 (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 43.02
	(Prostitution), Penal Code, if the offense is punishable as a
	felony of the second degree under Subsection (c-1) [(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 10.  Sections 76.010(a), (c), (d), (e), and (f),
	Government Code, are amended to read as follows:
	(a)  In this section, "community [:
	[(1)  "Community] corrections facility" has the
	meaning assigned by Section 509.001.
	[(2)  "State jail felony facility" means a facility
	operated or contracted for by the Texas Department of Criminal
	Justice under Subchapter A, Chapter 507, for the confinement of
	individuals convicted of state jail felonies.]
	(c)  The department may authorize expenditures of funds
	provided by the division to the department for the purposes of
	providing facilities, equipment, and utilities for community
	corrections facilities [or state jail felony facilities] if:
	(1)  the judges described by Section 76.002 recommend
	the expenditures; and
	(2)  the division[, or the correctional institutions
	division of the Texas Department of Criminal Justice in the case of
	a state jail felony facility,] provides funds for the purpose of
	assisting in the establishment or improvement of the facilities.
	(d)  A department may acquire, hold title to, and own real
	property for the purpose of establishing a community corrections
	facility [or a state jail felony facility].
	(e)  A department, county, municipality, or a combination
	involving more than one of those entities may not use a facility or
	real property purchased, acquired, or improved with state funds
	unless the division[, or the correctional institutions division of
	the Texas Department of Criminal Justice in the case of a state jail
	felony facility,] first approves the use.
	(f)  The division [or the correctional institutions division
	of the Texas Department of Criminal Justice, in the case of a state
	jail felony facility,] is entitled to reimbursement from an entity
	described by Subsection (e) of all state funds used by the entity
	without the approval required by Subsection (e).
	SECTION 11.  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 43.02(c-1) [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 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 12.  Section 411.172(b), Government Code, is amended
	to read as follows:
	(b)  For the purposes of this section, an offense under the
	laws of this state, another state, or the United States is:
	(1)  except as provided by Subsection (b-1), a felony
	if the offense, at the time the offense is committed:
	(A)  is designated by a law of this state as a
	felony;
	(B)  contains all the elements of an offense
	designated by a law of this state as a felony; or
	(C)  is punishable by confinement for one year or
	more in a penitentiary; and
	(2)  a Class A misdemeanor if the offense is not a
	felony and confinement in a jail [other than a state jail felony
	facility] is affixed as a possible punishment.
	SECTION 13.  Section 493.002(a), Government Code, is amended
	to read as follows:
	(a)  The following divisions are within the department:
	(1)  the community justice assistance division;
	(2)  the institutional division;
	(3)  the pardons and paroles division;
	(4)  [the state jail division;
	[(5)]  the internal audit division; and
	(5) [(6)]  the programs and services division.
	SECTION 14.  Section 493.0021(a), Government Code, is
	amended to read as follows:
	(a)  Notwithstanding Sections 493.002, 493.003, 493.004,
	493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
	the 75th Legislature, Regular Session, 1997,] and 493.0053
	[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
	Regular Session, 1997], the executive director, with the approval
	of the board, may:
	(1)  create divisions in addition to those listed in
	Section 493.002 and assign to the newly created divisions any
	duties and powers imposed on or granted to an existing division or
	to the department generally;
	(2)  eliminate any division listed in Section 493.002
	or created under this section and assign any duties or powers
	previously assigned to the eliminated division to another division
	listed in Section 493.002 or created under this section; or
	(3)  eliminate all divisions listed in Section 493.002
	or created under this section and reorganize the distribution of
	powers and duties granted to or imposed on a division in any manner
	the executive director determines is best for the proper
	administration of the department.
	SECTION 15.  Chapter 493, Government Code, is amended by
	adding Section 493.0095 to read as follows:
	Sec. 493.0095.  USE OF FORMER STATE JAIL FELONY FACILITIES.
	Notwithstanding any other law, the department may use a state jail
	felony facility established under former Chapter 507 for any
	purpose the department determines appropriate, including the
	confinement of inmates serving a sentence for a felony of the fourth
	degree.
	SECTION 16.  Section 493.015(b), Government Code, is amended
	to read as follows:
	(b)  The department shall identify those inmates who are
	imprisoned in the institutional division or confined in a transfer
	facility, a substance abuse treatment facility, [a state jail
	felony facility,] or a county jail awaiting transfer to the
	institutional division and for whom the department is unable to
	reasonably ascertain whether or not the person is an illegal
	criminal alien.
	SECTION 17.  Section 493.032(a), Government Code, as added
	by Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
	Session, 2019, is amended to read as follows:
	(a)  The department shall adopt a policy to increase the
	availability of formal and informal peer support services,
	including certified peer specialist services, to a person confined
	in a facility operated by or under contract with the department,
	including a [state jail felony facility,] substance abuse felony
	punishment facility and[, or] intermediate sanction facility.
	SECTION 18.  Section 496.007, Government Code, is amended to
	read as follows:
	Sec. 496.007.  LOCATION OF NEW FACILITIES. In determining
	the location of a facility to be built, the department, in
	evaluating the advantages and disadvantages of the proposed
	location, shall consider whether the proposed location is:
	(1)  close enough to a county with 100,000 or more
	inhabitants to provide access to services and other resources
	provided in such a county;
	(2)  cost-effective with respect to its proximity to
	other facilities of the department;
	(3)  close to an area that would facilitate release of
	inmates [or persons confined in state jail felony facilities] to
	their area of residence; and
	(4)  close to an area that provides adequate
	educational opportunities and medical care.
	SECTION 19.  Section 497.010(d), Government Code, is amended
	to read as follows:
	(d)  It is an exception to the application of this section
	that the actor was an inmate [or state jail defendant] confined in a
	facility operated by or under contract with the department who sold
	or offered to sell an art or craft in the manner authorized under
	Section 501.013(b).
	SECTION 20.  Section 497.094(b), Government Code, is amended
	to read as follows:
	(b)  The department and the Texas Workforce Investment
	Council by rule shall adopt a memorandum of understanding that
	establishes the respective responsibility of those entities to
	provide through local workforce development boards job training and
	employment assistance to persons formerly sentenced to the
	institutional division [or the state jail division] and information
	on services available to employers or potential employers of those
	persons. The department shall coordinate the development of the
	memorandum of understanding.
	SECTION 21.  Section 499.155(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (b), the institutional
	division may not confine an inmate described by Section 499.152 in a
	transfer facility authorized by this subchapter for a period that
	exceeds the maximum period for which a person [state jail felon] may
	be confined [in a state jail felony facility] under Section 12.35,
	Penal Code.
	SECTION 22.  Section 501.015(f), Government Code, is amended
	to read as follows:
	(f)  Subsection (a)(3) does not apply to an inmate [who on
	discharge or release on parole, mandatory supervision, or
	conditional pardon is transferred from the custody of the
	institutional division to a state jail felony facility or] who is
	subject to a felony detainer and is released to the custody of
	another jurisdiction.
	SECTION 23.  Section 501.054(g), Government Code, is amended
	to read as follows:
	(g)  The department shall maintain the confidentiality of
	test results of an inmate indicating HIV infection at all times,
	including after the inmate's discharge[, release from a state
	jail,] or release on parole or mandatory supervision. The
	department may not honor the request of an agency of the state or
	any person who requests a test result as a condition of housing or
	supervising the inmate while the inmate is on community supervision
	or parole or mandatory supervision, unless honoring the request
	would improve the ability of the inmate to obtain essential health
	and social services.
	SECTION 24.  Section 501.091, Government Code, as added by
	Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
	Session, 2009, is reenacted and amended to read as follows:
	Sec. 501.091.  DEFINITIONS. In this subchapter:
	(1)  "Correctional facility" means a facility operated
	by or under contract with the department.
	(2)  "Offender" means an inmate [or state jail
	defendant] confined in a correctional facility.
	SECTION 25.  Section 501.171(2), Government Code, is amended
	to read as follows:
	(2)  "Inmate" means an inmate [or state jail defendant]
	confined in a facility operated by or under contract with the
	department.
	SECTION 26.  Section 1232.114(b), Government Code, is
	amended to read as follows:
	(b)  This section does not apply to a minor renovation,
	repair, or construction project at a facility operated by the Texas
	Department of Criminal Justice for the imprisonment of individuals
	convicted of felonies [other than state jail felonies], as defined
	by the department in cooperation with the commission.  Instead of
	submitting a project analysis, the department may substitute the
	master plan required to be submitted by Section 1401.121 if the
	master plan contains information substantially equivalent to the
	information required to be in a project analysis under Sections
	2166.151-2166.155.
	SECTION 27.  Section 2166.003(b), Government Code, is
	amended to read as follows:
	(b)  Only Sections 2166.151, 2166.152, 2166.153, 2166.154,
	2166.155, 2166.251, and 2166.252 and Subchapter H apply to a
	construction project undertaken by or for the Texas Department of
	Criminal Justice for the imprisonment of individuals convicted of
	felonies [other than state jail felonies].
	SECTION 28.  Section 2303.402(c), Government Code, is
	amended to read as follows:
	(c)  For the purposes of this section, an economically
	disadvantaged individual is an individual who:
	(1)  was unemployed for at least three months before
	obtaining employment with the qualified business;
	(2)  receives public assistance benefits, including
	welfare payments or food stamps, based on need and intended to
	alleviate poverty;
	(3)  is a low-income individual, as defined by Section
	101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
	(4)  is an individual with a disability, as defined
	by  29 U.S.C.  Section 705(20)(A);
	(5)  is an inmate, as defined by Section 498.001;
	(6)  is entering the workplace after being confined in
	a facility operated by or under contract with the Texas Department
	of Criminal Justice for the imprisonment of individuals convicted
	of felonies [other than state jail felonies];
	(7)  has been released by the Texas Juvenile Justice
	Department and is on parole, if state law provides for such a person
	to be on parole;
	(8)  meets the current low income or moderate income
	limits developed under Section 8, United States Housing Act of 1937
	(42 U.S.C. Section 1437f et seq.); or
	(9)  was under the permanent managing conservatorship
	of the Department of Family and Protective Services on the day
	preceding the individual's 18th birthday.
	SECTION 29.  Section 481.115(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 30.  Section 481.1151(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under this section is:
	(1)  a Class A misdemeanor [state jail felony] if the
	number of abuse units of the controlled substance is fewer than 20;
	(2)  a felony of the third degree if the number of abuse
	units of the controlled substance is 20 or more but fewer than 80;
	(3)  a felony of the second degree if the number of
	abuse units of the controlled substance is 80 or more but fewer than
	4,000;
	(4)  a felony of the first degree if the number of abuse
	units of the controlled substance is 4,000 or more but fewer than
	8,000; and
	(5)  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 15 years and a fine not to exceed $250,000, if the
	number of abuse units of the controlled substance is 8,000 or more.
	SECTION 31.  Section 481.116(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 32.  Section 481.1161(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under this section is:
	(1)  a Class B misdemeanor if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, four [two] ounces or less;
	(2)  [a Class A misdemeanor if the amount of the
	controlled substance possessed is, by aggregate weight, including
	adulterants or dilutants, four ounces or less but more than two
	ounces;
	[(3)]  a Class A misdemeanor [state jail felony] if the
	amount of the controlled substance possessed is, by aggregate
	weight, including adulterants or dilutants, five pounds or less but
	more than four ounces;
	(3) [(4)]  a felony of the third degree if the amount of
	the controlled substance possessed is, by aggregate weight,
	including adulterants or dilutants, 50 pounds or less but more than
	5 pounds;
	(4) [(5)]  a felony of the second degree if the amount
	of the controlled substance possessed is, by aggregate weight,
	including adulterants or dilutants, 2,000 pounds or less but more
	than 50 pounds; and
	(5) [(6)]  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 5 years, and a fine not to exceed $50,000,
	if the amount of the controlled substance possessed is, by
	aggregate weight, including adulterants or dilutants, more than
	2,000 pounds.
	SECTION 33.  Section 481.121(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is:
	(1)  a Class B misdemeanor if the amount of marihuana
	possessed is four [two] ounces or less;
	(2)  [a Class A misdemeanor if the amount of marihuana
	possessed is four ounces or less but more than two ounces;
	[(3)]  a Class A misdemeanor [state jail felony] if the
	amount of marihuana possessed is five pounds or less but more than
	four ounces;
	(3) [(4)]  a felony of the third degree if the amount of
	marihuana possessed is 50 pounds or less but more than 5 pounds;
	(4) [(5)]  a felony of the second degree if the amount
	of marihuana possessed is 2,000 pounds or less but more than 50
	pounds; and
	(5) [(6)]  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 5 years, and a fine not to exceed $50,000,
	if the amount of marihuana possessed is more than 2,000 pounds.
	SECTION 34.  Section 481.126(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person:
	(1)  barters property or expends funds the person knows
	are derived from the commission of an offense under this chapter
	punishable by imprisonment in the Texas Department of Criminal
	Justice for life;
	(2)  barters property or expends funds the person knows
	are derived from the commission of an offense under Section
	481.121(a) that is punishable under Section 481.121(b)(4)
	[481.121(b)(5)];
	(3)  barters property or finances or invests funds the
	person knows or believes are intended to further the commission of
	an offense for which the punishment is described by Subdivision
	(1); or
	(4)  barters property or finances or invests funds the
	person knows or believes are intended to further the commission of
	an offense under Section 481.121(a) that is punishable under
	Section 481.121(b)(4) [481.121(b)(5)].
	SECTION 35.  Section 481.129(g), Health and Safety Code, is
	amended to read as follows:
	(g)  An offense under Subsection (c)(2) is:
	(1)  a Class A misdemeanor [state jail felony] if the
	defendant possesses:
	(A)  a prescription form; or
	(B)  a prescription for a controlled substance
	listed in Schedule II or III; and
	(2)  a Class B misdemeanor if the defendant possesses a
	prescription for a controlled substance listed in Schedule IV or V.
	SECTION 36.  Sections 481.134(c), (d), and (e), Health and
	Safety Code, are amended to read as follows:
	(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)(3), (4), or (5)
	[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)(3), (4), or
	(5) [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.
	(d)  An offense otherwise punishable under Section
	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
	[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.
	(e)  An offense otherwise punishable under Section
	481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a),
	481.120(b)(2), or 481.121(b)(2) is a [state jail] felony of the
	fourth 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.
	SECTION 37.  Section 614.0032(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The office shall[:
	[(1)]  perform duties imposed on the office by Section
	508.146, Government Code[; and
	[(2)  periodically identify state jail felony
	defendants suitable for release under Article 42A.561, Code of
	Criminal Procedure, and perform other duties imposed on the office
	by that article].
	SECTION 38.  Section 306.007(b), Labor Code, is amended to
	read as follows:
	(b)  The commission shall adopt a memorandum of
	understanding with each of the following agencies that establishes
	the respective responsibilities of the commission and the agencies
	in providing information described by Subsection (a) to persons
	formerly sentenced to the institutional division [or the state jail
	division] of the Texas Department of Criminal Justice, to employers
	or potential employers of those persons, and to local workforce
	development boards:
	(1)  the Department of State Health Services;
	(2)  the Texas Department of Housing and Community
	Affairs;
	(3)  the Texas Veterans Commission; and
	(4)  the Health and Human Services Commission.
	SECTION 39.  Section 244.006, Local Government Code, is
	amended to read as follows:
	Sec. 244.006.  EXEMPTIONS.  This subchapter does not apply
	to the operation of a correctional or rehabilitation facility at a
	location subject to this subchapter if:
	(1)  on September 1, 1997, the correctional or
	rehabilitation facility was in operation, under construction,
	under contract for operation or construction, or planned for
	construction at the location on land owned or leased by an agency or
	political subdivision of the state and designated for use as a
	correctional or rehabilitation facility;
	(2)  the correctional or rehabilitation facility was in
	operation or under construction before the establishment of a
	residential area the location of which makes the facility subject
	to this subchapter;
	(3)  the correctional or rehabilitation facility is a
	temporary correctional or rehabilitation facility that will be
	operated at the location for less than one year;
	(4)  the correctional or rehabilitation facility is
	required to obtain a special use permit or a conditional use permit
	from the municipality in which the facility is located before
	beginning operation;
	(5)  the correctional or rehabilitation facility is an
	expansion of a facility operated by the correctional institutions
	division of the Texas Department of Criminal Justice for the
	imprisonment of individuals convicted of felonies [other than state
	jail felonies] or by the Texas Juvenile Justice Department;
	(6)  the correctional or rehabilitation facility is a
	county jail or a pre-adjudication or post-adjudication juvenile
	detention facility operated by a county or county juvenile board;
	(7)  the facility is:
	(A)  a juvenile probation office located at, and
	operated in conjunction with, a juvenile justice alternative
	education center; and
	(B)  used exclusively by students attending the
	juvenile justice alternative education center;
	(8)  the facility is a public or private institution of
	higher education or vocational training to which admission is open
	to the general public;
	(9)  the facility is operated primarily as a treatment
	facility for juveniles under contract with the Health and Human
	Services Commission, [Department of Aging and Disability Services
	or] the Department of State Health Services, a local intellectual
	and developmental disability authority, or a local mental health
	[or mental retardation] authority;
	(10)  the facility is operated as a juvenile justice
	alternative education program;
	(11)  the facility:
	(A)  is not operated primarily as a correctional
	or rehabilitation facility; and
	(B)  only houses persons or children described by
	Section 244.001(1)(B) for a purpose related to treatment or
	education; or
	(12)  the facility is a probation or parole office
	located in a commercial use area.
	SECTION 40.  Section 331.010(b), Local Government Code, is
	amended to read as follows:
	(b)  The governor and the Texas Board of Criminal Justice may
	permit the use of state inmates [and defendants confined in state
	jail felony facilities] for the improvement and maintenance of
	parks acquired under this chapter under agreements made by the
	Parks and Wildlife Department and the municipality or county.
	SECTION 41.  Section 12.4061, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 12.4061.  PARKS AND WILDLIFE CODE FOURTH DEGREE [STATE
	JAIL] FELONY. (a) An individual adjudged guilty of a Parks and
	Wildlife Code [state jail] felony of the fourth degree shall be
	punished by imprisonment in the Texas Department of Criminal
	Justice [confinement in a state jail] for a term of not more than
	two years or less than 180 days.
	(b)  In addition to imprisonment [confinement], an
	individual adjudged guilty of a Parks and Wildlife Code [state
	jail] felony of the fourth degree may be punished by a fine of not
	less than $1,500 and not more than $10,000.
	(c)  For purposes of this code, "Parks and Wildlife Code
	state jail felony" means a Parks and Wildlife Code felony of the
	fourth degree.
	SECTION 42.  Section 76.118(e-1), Parks and Wildlife Code,
	is amended to read as follows:
	(e-1)  If it is shown at the trial of a defendant for a
	violation of Section 76.116 that the defendant has been convicted
	once within five years before the trial date of a violation of
	Section 76.116, the defendant is guilty of a Class A Parks and
	Wildlife Code misdemeanor [state jail felony].
	SECTION 43.  Section 12.04, Penal Code, is amended to read as
	follows:
	Sec. 12.04.  CLASSIFICATION OF FELONIES. (a) Felonies are
	classified according to the relative seriousness of the offense
	into five categories:
	(1)  capital felonies;
	(2)  felonies of the first degree;
	(3)  felonies of the second degree;
	(4)  felonies of the third degree; and
	(5)  [state jail] felonies of the fourth degree.
	(b)  An offense designated a felony in this code without
	specification as to category is a [state jail] felony of the fourth
	degree.
	(c)  For purposes of this code and any other laws of this
	state, "state jail felony" means a felony of the fourth degree.
	(d)  For purposes of enhancing a penalty under this code or
	any other laws of this state:
	(1)  a person is considered to have been previously
	convicted of a felony of the fourth degree if the person has a final
	conviction for a state jail felony; and
	(2)  a person is considered to have previously received
	a dismissal and discharge under Article 42A.111, Code of Criminal
	Procedure, for a felony of the fourth degree if the person received
	a dismissal and discharge under that article for a state jail
	felony.
	SECTION 44.  Section 12.35, Penal Code, is amended to read as
	follows:
	Sec. 12.35.  FOURTH DEGREE [STATE JAIL] FELONY PUNISHMENT.
	(a) Except as provided by Subsection (c), an individual adjudged
	guilty of a [state jail] felony of the fourth degree shall be
	punished by imprisonment in the Texas Department of Criminal
	Justice [confinement in a state jail] for any term of not more than
	two years or less than 180 days.
	(b)  In addition to imprisonment [confinement], an
	individual adjudged guilty of a [state jail] felony of the fourth
	degree may be punished by a fine not to exceed $10,000.
	(c)  An individual adjudged guilty of a [state jail] felony
	of the fourth degree shall be punished for a third degree felony if
	it is shown on the trial of the offense that:
	(1)  a deadly weapon as defined by Section 1.07 was used
	or exhibited during the commission of the offense or during
	immediate flight following the commission of the offense, and that
	the individual used or exhibited the deadly weapon or was a party to
	the offense and knew that a deadly weapon would be used or
	exhibited; or
	(2)  the individual has previously been finally
	convicted of any felony:
	(A)  under Section 20A.03 or 21.02 or listed in
	Article 42A.054(a), Code of Criminal Procedure; or
	(B)  for which the judgment contains an
	affirmative finding under Article 42A.054(c) or (d), Code of
	Criminal Procedure.
	SECTION 45.  Sections 12.42(a), (b), and (d), Penal Code,
	are amended to read as follows:
	(a)  Except as provided by Subsection (c)(2), if it is shown
	on the trial of a felony of the third degree that the defendant has
	previously been finally convicted of a felony other than a [state
	jail] felony of the fourth degree punishable under Section
	12.35(a), on conviction the defendant shall be punished for a
	felony of the second degree.
	(b)  Except as provided by Subsection (c)(2) or (c)(4), if it
	is shown on the trial of a felony of the second degree that the
	defendant has previously been finally convicted of a felony other
	than a [state jail] felony of the fourth degree punishable under
	Section 12.35(a), on conviction the defendant shall be punished for
	a felony of the first degree.
	(d)  Except as provided by Subsection (c)(2) or (c)(4), if it
	is shown on the trial of a felony offense other than a [state jail]
	felony of the fourth degree punishable under Section 12.35(a) that
	the defendant has previously been finally convicted of two felony
	offenses, and the second previous felony conviction is for an
	offense that occurred subsequent to the first previous conviction
	having become final, on conviction the defendant shall be punished
	by imprisonment in the Texas Department of Criminal Justice for
	life, or for any term of not more than 99 years or less than 25
	years. A previous conviction for a [state jail] felony of the fourth
	degree punishable under Section 12.35(a) may not be used for
	enhancement purposes under this subsection.
	SECTION 46.  Sections 12.42(c)(1) and (5), Penal Code, are
	amended to read as follows:
	(1)  If it is shown on the trial of a felony of the first
	degree that the defendant has previously been finally convicted of
	a felony other than a [state jail] felony of the fourth degree
	punishable under Section 12.35(a), on conviction the defendant
	shall be punished by imprisonment in the Texas Department of
	Criminal Justice for life, or for any term of not more than 99 years
	or less than 15 years.  In addition to imprisonment, an individual
	may be punished by a fine not to exceed $10,000.
	(5)  A previous conviction for a [state jail] felony of
	the fourth degree punishable under Section 12.35(a) may not be used
	for enhancement purposes under Subdivision (2).
	SECTION 47.  Section 12.425, Penal Code, is amended to read
	as follows:
	Sec. 12.425.  PENALTIES FOR REPEAT AND HABITUAL FELONY
	OFFENDERS ON TRIAL FOR FOURTH DEGREE [STATE JAIL] FELONY. (a)  If
	it is shown on the trial of a [state jail] felony of the fourth
	degree punishable under Section 12.35(a) that the defendant has
	previously been finally convicted of two [state jail] felonies of
	the fourth degree punishable under Section 12.35(a), on conviction
	the defendant shall be punished for a felony of the third degree.
	(b)  If it is shown on the trial of a [state jail] felony of
	the fourth degree punishable under Section 12.35(a) that the
	defendant has previously been finally convicted of two felonies
	other than a [state jail] felony of the fourth degree punishable
	under Section 12.35(a), and the second previous felony conviction
	is for an offense that occurred subsequent to the first previous
	conviction having become final, on conviction the defendant shall
	be punished for a felony of the second degree.
	(c)  If it is shown on the trial of a [state jail] felony of
	the fourth degree for which punishment may be enhanced under
	Section 12.35(c) that the defendant has previously been finally
	convicted of a felony other than a [state jail] felony of the fourth
	degree punishable under Section 12.35(a), on conviction the
	defendant shall be punished for a felony of the second degree.
	SECTION 48.  Section 12.44, Penal Code, is amended to read as
	follows:
	Sec. 12.44.  REDUCTION OF FOURTH DEGREE [STATE JAIL] FELONY
	PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a
	defendant who is convicted of a [state jail] felony of the fourth
	degree by imposing the confinement permissible as punishment for a
	Class A misdemeanor if, after considering the gravity and
	circumstances of the felony committed and the history, character,
	and rehabilitative needs of the defendant, the court finds that
	such punishment would best serve the ends of justice.
	(b)  At the request of the prosecuting attorney, the court
	may authorize the prosecuting attorney to prosecute a [state jail]
	felony of the fourth degree as a Class A misdemeanor.
	SECTION 49.  Section 22.11(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a Class A misdemeanor
	[felony of the third degree].
	SECTION 50.  Section 31.03(e), Penal Code, is amended to
	read as follows:
	(e)  Except as provided by Subsection (f), an offense under
	this section is:
	(1)  a Class C misdemeanor if the value of the property
	stolen is less than $100;
	(2)  a Class B misdemeanor if:
	(A)  the value of the property stolen is $100 or
	more but less than $750;
	(B)  the value of the property stolen is less than
	$100 and the defendant has previously been convicted of any grade of
	theft; or
	(C)  the property stolen is a driver's license,
	commercial driver's license, or personal identification
	certificate issued by this state or another state;
	(3)  a Class A misdemeanor if:
	(A)  the value of the property stolen is $750 or
	more but less than $2,500; or
	(B)  the value of the property stolen is less than
	$750 and the defendant has been previously convicted two or more
	times of any grade of theft;
	(4)  a [state jail] felony of the fourth degree if:
	(A)  the value of the property stolen is $2,500 or
	more but less than $30,000, or the property is less than 10 head of
	sheep, swine, or goats or any part thereof under the value of
	$30,000;
	(B)  regardless of value, the property is stolen
	from the person of another or from a human corpse or grave,
	including property that is a military grave marker;
	(C)  the property stolen is a firearm, as defined
	by Section 46.01;
	(D)  [the value of the property stolen is less
	than $2,500 and the defendant has been previously convicted two or
	more times of any grade of theft;
	[(E)]  the property stolen is an official ballot
	or official carrier envelope for an election; or
	(E) [(F)]  the value of the property stolen is
	less than $20,000 and the property stolen is:
	(i)  aluminum;
	(ii)  bronze;
	(iii)  copper; or
	(iv)  brass;
	(5)  a felony of the third degree if the value of the
	property stolen is $30,000 or more but less than $150,000, or the
	property is:
	(A)  cattle, horses, or exotic livestock or exotic
	fowl as defined by Section 142.001, Agriculture Code, stolen during
	a single transaction and having an aggregate value of less than
	$150,000;
	(B)  10 or more head of sheep, swine, or goats
	stolen during a single transaction and having an aggregate value of
	less than $150,000; or
	(C)  a controlled substance, having a value of
	less than $150,000, if stolen from:
	(i)  a commercial building in which a
	controlled substance is generally stored, including a pharmacy,
	clinic, hospital, nursing facility, or warehouse; or
	(ii)  a vehicle owned or operated by a
	wholesale distributor of prescription drugs;
	(6)  a felony of the second degree if:
	(A)  the value of the property stolen is $150,000
	or more but less than $300,000; or
	(B)  the value of the property stolen is less than
	$300,000 and the property stolen is an automated teller machine or
	the contents or components of an automated teller machine; or
	(7)  a felony of the first degree if the value of the
	property stolen is $300,000 or more.
	SECTION 51.  Sections 31.16(c) and (d), Penal Code, are
	amended to read as follows:
	(c)  An offense under this section is:
	(1)  a Class C misdemeanor if the total value of the
	merchandise involved in the activity is less than $100;
	(2)  a Class B misdemeanor if the total value of the
	merchandise involved in the activity is $100 or more but less than
	$750;
	(3)  a Class A misdemeanor if the total value of the
	merchandise involved in the activity is $750 or more but less than
	[$2,500;
	[(4)  a state jail felony if the total value of the
	merchandise involved in the activity is $2,500 or more but less
	than] $30,000;
	(4) [(5)]  a felony of the third degree if the total
	value of the merchandise involved in the activity is $30,000 or more
	but less than $150,000;
	(5) [(6)]  a felony of the second degree if the total
	value of the merchandise involved in the activity is $150,000 or
	more but less than $300,000; or
	(6) [(7)]  a felony of the first degree if the total
	value of the merchandise involved in the activity is $300,000 or
	more.
	(d)  An offense described for purposes of punishment by
	Subsections (c)(1)-(5) [(c)(1)-(6)] is increased to the next higher
	category of offense if it is shown on the trial of the offense that:
	(1)  the person organized, supervised, financed, or
	managed one or more other persons engaged in an activity described
	by Subsection (b); or
	(2)  during the commission of the offense, a person
	engaged in an activity described by Subsection (b) intentionally,
	knowingly, or recklessly:
	(A)  caused a fire exit alarm to sound or
	otherwise become activated;
	(B)  deactivated or otherwise prevented a fire
	exit alarm or retail theft detector from sounding; or
	(C)  used a shielding or deactivation instrument
	to prevent or attempt to prevent detection of the offense by a
	retail theft detector.
	SECTION 52.  Section 32.32(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is:
	(1)  a Class C misdemeanor if the value of the property
	or the amount of credit is less than $100;
	(2)  a Class B misdemeanor if the value of the property
	or the amount of credit is $100 or more but less than $750;
	(3)  a Class A misdemeanor if the value of the property
	or the amount of credit is $750 or more but less than [$2,500;
	[(4)  a state jail felony if the value of the property
	or the amount of credit is $2,500 or more but less than] $30,000;
	(4) [(5)]  a felony of the third degree if the value of
	the property or the amount of credit is $30,000 or more but less
	than $150,000;
	(5) [(6)]  a felony of the second degree if the value of
	the property or the amount of credit is $150,000 or more but less
	than $300,000; or
	(6) [(7)]  a felony of the first degree if the value of
	the property or the amount of credit is $300,000 or more.
	SECTION 53.  Sections 43.02(c) and (c-1), Penal Code, are
	amended to read as follows:
	(c)  An offense under Subsection (a) 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 Subsection
	(a)[; or
	[(2)  a state jail felony if the actor has previously
	been convicted three or more times of an offense under Subsection
	(a)].
	(c-1)  An offense under Subsection (b) is a Class A
	misdemeanor, except that the offense is[:
	[(1)  a state jail felony if the actor has previously
	been convicted of an offense under Subsection (b); or
	[(2)] a felony of the second degree if the person with
	whom the actor agrees to engage in sexual conduct is:
	(1) [(A)]  younger than 18 years of age, regardless of
	whether the actor knows the age of the person at the time of the
	offense;
	(2) [(B)]  represented to the actor as being younger
	than 18 years of age; or
	(3) [(C)]  believed by the actor to be younger than 18
	years of age.
	SECTION 54.  Section 43.23(b), Penal Code, is amended to
	read as follows:
	(b)  Except as provided by Subsection (h), an offense under
	Subsection (a) is a Class A misdemeanor [state jail felony].
	SECTION 55.  The following provisions are repealed:
	(1)  Article 42.0199, Code of Criminal Procedure;
	(2)  Article 42A.104(b), Code of Criminal Procedure;
	(3)  Article 42A.515(b), Code of Criminal Procedure, as
	added by Chapter 413 (S.B. 20), Acts of the 86th Legislature,
	Regular Session, 2019;
	(4)  Subchapter L, Chapter 42A, Code of Criminal
	Procedure;
	(5)  Section 491.001(a)(8), Government Code;
	(6)  Sections 499.151(b) and 509.006(d) and (e),
	Government Code;
	(7)  Sections 493.0051, 497.097, 509.017, and 511.017,
	Government Code; and
	(8)  Chapter 507, Government Code.
	SECTION 56.  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 57.  This Act takes effect September 1, 2021.