87R6382 SCL/MCK/JAM-D
	By: Thompson of Harris, Parker, Burrows,	H.B. No. 1540
	Bell of Kaufman, Morales of Harris

	A BILL TO BE ENTITLED
	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.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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 19.  Section 20A.01, Penal Code, is amended by
	adding Subdivision (1-a) 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.
	SECTION 20.  Section 20A.02(b), Penal Code, is amended to
	read as follows:
	(b)  Except as otherwise provided by this subsection, 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.
	SECTION 21.  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 22.  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 23.  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 24.  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 25.  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 26.  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 27.  (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)  The change in law made to the 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.
	(c)  The change in law made to Section 481.134, Health and
	Safety Code, and the Penal Code by this Act applies 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 28.  This Act takes effect September 1, 2021.