87R16245 LHC-F
	By: Crockett	H.B. No. 3875
	Substitute the following for H.B. No. 3875:
	By:  Hinojosa	C.S.H.B. No. 3875

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on prosecuting or referring to juvenile
	court certain persons for certain conduct constituting the offense
	of prostitution and to a change in terminology involving certain
	conduct constituting the offense of compelling prostitution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.03, Family Code, is amended by
	amending Subsection (b) and adding Subsection (d) 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(b) [43.02(a) or (b)], Penal Code; or
	(6)  notwithstanding Subsection (a)(1), conduct that
	violates Section 43.261, Penal Code.
	(d)  Notwithstanding Subsection (a)(1), conduct that
	violates Section 43.02(a), Penal Code, is not delinquent conduct or
	conduct indicating a need for supervision. A child may not be
	referred to the juvenile court for conduct that violates Section
	43.02(a), Penal Code.
	SECTION 2.  Section 43.02, Penal Code, is amended by adding
	Subsection (b-1) to read as follows:
	(b-1)  A person may not be prosecuted for an offense under
	Subsection (a) that the person committed when younger than 17 years
	of age.
	SECTION 3.  The heading to Section 43.05, Penal Code, is
	amended to read as follows:
	Sec. 43.05.  COMPELLING PROSTITUTION OR CHILD SEXUAL
	EXPLOITATION.
	SECTION 4.  Sections 43.05(a) and (d), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if the person knowingly:
	(1)  causes another by force, threat, coercion, or
	fraud to commit prostitution; or
	(2)  causes by any means a child younger than 18 years
	to engage in conduct described by Section 43.02(a) [commit
	prostitution], regardless of whether the actor knows the age of the
	child at the time of the offense.
	(d)  For purposes of this section, "coercion" as defined by
	Section 1.07 includes:
	(1)  destroying, concealing, confiscating, or
	withholding from a person, or threatening to destroy, conceal,
	confiscate, or withhold from a person, the person's actual or
	purported:
	(A)  government records; or
	(B)  identifying information or documents;
	(2)  causing a 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 the person's
	conduct described by Section 43.02(a) [that constitutes
	prostitution] or to resist engaging in that conduct; or
	(3)  withholding alcohol or a controlled substance to a
	degree that impairs the ability of a person with a chemical
	dependency, as defined by Section 462.001, Health and Safety Code,
	to appraise the nature of the person's conduct described by Section
	43.02(a) [that constitutes prostitution] or to resist engaging in
	that conduct.
	SECTION 5.  Section 16.0045(a), Civil Practice and Remedies
	Code, is amended to read as follows:
	(a)  A person must bring suit for personal injury not later
	than 30 years after the day the cause of action accrues if the
	injury arises as a result of conduct that violates:
	(1)  Section 22.011(a)(2), Penal Code (sexual assault
	of a child);
	(2)  Section 22.021(a)(1)(B), Penal Code (aggravated
	sexual assault of a child);
	(3)  Section 21.02, Penal Code (continuous sexual abuse
	of young child or children);
	(4)  Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
	Section 20A.02(a)(8), Penal Code, involving an activity described
	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
	with a child trafficked in the manner described by Section
	20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
	(5)  Section 43.05(a)(2), Penal Code (compelling
	[prostitution by a] child sexual exploitation); or
	(6)  Section 21.11, Penal Code (indecency with a
	child).
	SECTION 6.  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, promotion of prostitution, or
	aggravated promotion of prostitution as prohibited by the Penal
	Code;
	(7)  compelling prostitution or child sexual
	exploitation 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 7.  Article 12.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 12.01.  FELONIES. Except as provided in Article 12.03,
	felony indictments may be presented within these limits, and not
	afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if:
	(i)  during the investigation of the offense
	biological matter is collected and the matter:
	(a)  has not yet been subjected to
	forensic DNA testing; or
	(b)  has been subjected to forensic DNA
	testing and the testing results show that the matter does not match
	the victim or any other person whose identity is readily
	ascertained; or
	(ii)  probable cause exists to believe that
	the defendant has committed the same or a similar sex offense
	against five or more victims;
	(D)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code;
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person;
	(G)  trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code;
	(H)  continuous trafficking of persons under
	Section 20A.03, Penal Code; or
	(I)  compelling child sexual exploitation
	[prostitution] under Section 43.05(a)(2), Penal Code;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which the public servant exercises control in the
	public servant's official capacity;
	(C)  forgery or the uttering, using or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1) or (7);
	(F)  arson;
	(G)  trafficking of persons under Section
	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	(H)  compelling prostitution under Section
	43.05(a)(1), Penal Code;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  securing execution of document by deception;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code;
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code;
	(H)  exploitation of a child, elderly individual,
	or disabled individual under Section 32.53, Penal Code;
	(I)  health care fraud under Section 35A.02, Penal
	Code; or
	(J)  bigamy under Section 25.01, Penal Code,
	except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(4), Penal Code, if the defendant committed the offense
	with the intent to violate or abuse the victim sexually; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  trafficking of persons under Section
	20A.02(a)(5) or (6), Penal Code;
	(B)  injury to a child under Section 22.04, Penal
	Code; or
	(C)  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed;
	(7)  two years from the date the offense was
	discovered: sexual assault punishable as a state jail felony under
	Section 22.011(f)(2), Penal Code; or
	(8)  three years from the date of the commission of the
	offense: all other felonies.
	SECTION 8.  Article 17.153(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  This article applies to a defendant charged with a
	felony offense under any of the following provisions of the Penal
	Code, if committed against a child younger than 14 years of age:
	(1)  Chapter 21 (Sexual Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct);
	(3)  Section 43.25 (Sexual Performance by a Child);
	(4)  Section 20A.02 (Trafficking of Persons), if the
	defendant is alleged to have:
	(A)  trafficked the child with the intent or
	knowledge that the child would engage in sexual conduct, as defined
	by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked child engaging in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(5)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]).
	SECTION 9.  Section 1, Article 38.071, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  This article applies only to a hearing or proceeding
	in which the court determines that a child younger than 13 years of
	age would be unavailable to testify in the presence of the defendant
	about an offense defined by any of the following sections of the
	Penal Code:
	(1)  Section 19.02 (Murder);
	(2)  Section 19.03 (Capital Murder);
	(3)  Section 19.04 (Manslaughter);
	(4)  Section 20.04 (Aggravated Kidnapping);
	(5)  Section 21.11 (Indecency with a Child);
	(6)  Section 22.011 (Sexual Assault);
	(7)  Section 22.02 (Aggravated Assault);
	(8)  Section 22.021 (Aggravated Sexual Assault);
	(9)  Section 22.04(e) (Injury to a Child, Elderly
	Individual, or Disabled Individual);
	(10)  Section 22.04(f) (Injury to a Child, Elderly
	Individual, or Disabled Individual), if the conduct is committed
	intentionally or knowingly;
	(11)  Section 25.02 (Prohibited Sexual Conduct);
	(12)  Section 29.03 (Aggravated Robbery);
	(13)  Section 43.25 (Sexual Performance by a Child);
	(14)  Section 21.02 (Continuous Sexual Abuse of Young
	Child or Children);
	(15)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]); or
	(16)  Section 20A.02(a)(7) or (8) (Trafficking of
	Persons).
	SECTION 10.  Section 1, Article 38.072, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  This article applies to a proceeding in the
	prosecution of an offense under any of the following provisions of
	the Penal Code, if committed against a child younger than 14 years
	of age or a person with a disability:
	(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive
	Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct);
	(3)  Section 43.25 (Sexual Performance by a Child);
	(4)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]);
	(5)  Section 20A.02(a)(7) or (8) (Trafficking of
	Persons); or
	(6)  Section 15.01 (Criminal Attempt), if the offense
	attempted is described by Subdivision (1), (2), (3), (4), or (5) of
	this section.
	SECTION 11.  Section 1(a), Article 38.37, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  Subsection (b) applies to a proceeding in the
	prosecution of a defendant for an offense, or an attempt or
	conspiracy to commit an offense, under the following provisions of
	the Penal Code:
	(1)  if committed against a child under 17 years of age:
	(A)  Chapter 21 (Sexual Offenses);
	(B)  Chapter 22 (Assaultive Offenses); or
	(C)  Section 25.02 (Prohibited Sexual Conduct);
	or
	(2)  if committed against a person younger than 18
	years of age:
	(A)  Section 43.25 (Sexual Performance by a
	Child);
	(B)  Section 20A.02(a)(7) or (8); or
	(C)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]).
	SECTION 12.  The heading to Article 42.0372, Code of
	Criminal Procedure, is amended to read as follows:
	Art. 42.0372.  MANDATORY RESTITUTION FOR CHILD VICTIMS OF
	TRAFFICKING OF PERSONS OR COMPELLING CHILD SEXUAL EXPLOITATION
	[PROSTITUTION].
	SECTION 13.  Article 42A.054(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  Article 42A.053 does not apply to a defendant adjudged
	guilty of an offense under:
	(1)  Section 15.03, Penal Code, if the offense is
	punishable as a felony of the first degree;
	(2)  Section 19.02, Penal Code (Murder);
	(3)  Section 19.03, Penal Code (Capital Murder);
	(4)  Section 20.04, Penal Code (Aggravated
	Kidnapping);
	(5)  Section 20A.02, Penal Code (Trafficking of
	Persons);
	(6)  Section 20A.03, Penal Code (Continuous
	Trafficking of Persons);
	(7)  Section 21.11, Penal Code (Indecency with a
	Child);
	(8)  Section 22.011, Penal Code (Sexual Assault);
	(9)  Section 22.021, Penal Code (Aggravated Sexual
	Assault);
	(10)  Section 22.04(a)(1), Penal Code (Injury to a
	Child, Elderly Individual, or Disabled Individual), if:
	(A)  the offense is punishable as a felony of the
	first degree; and
	(B)  the victim of the offense is a child;
	(11)  Section 29.03, Penal Code (Aggravated Robbery);
	(12)  Section 30.02, Penal Code (Burglary), if:
	(A)  the offense is punishable under Subsection
	(d) of that section; and
	(B)  the actor committed the offense with the
	intent to commit a felony under Section 21.02, 21.11, 22.011,
	22.021, or 25.02, Penal Code;
	(13)  Section 43.04, Penal Code (Aggravated Promotion
	of Prostitution);
	(14)  Section 43.05, Penal Code (Compelling
	Prostitution or Child Sexual Exploitation);
	(15)  Section 43.25, Penal Code (Sexual Performance by
	a Child); or
	(16)  Chapter 481, Health and Safety Code, for which
	punishment is increased under:
	(A)  Section 481.140 of that code (Use of Child in
	Commission of Offense); or
	(B)  Section 481.134(c), (d), (e), or (f) of that
	code (Drug-free Zones) 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 14.  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 or
	child sexual exploitation), 43.25 (Sexual performance by a child),
	or 43.26 (Possession or promotion of child pornography), Penal
	Code;
	(B-1)  a violation of Section 43.02
	(Prostitution), Penal Code, if the offense is punishable under
	Subsection (c-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 15.  Article 66.102(h), Code of Criminal Procedure,
	is amended to read as follows:
	(h)  In addition to the information described by this
	article, information in the computerized criminal history system
	must include the age of the victim of the offense if the offender
	was arrested for or charged with an offense under the following
	provisions of the Penal Code:
	(1)  Section 20.04(a)(4) (Aggravated Kidnapping), if
	the offender committed the offense with the intent to violate or
	abuse the victim sexually;
	(2)  Section 20A.02 (Trafficking of Persons), if the
	offender:
	(A)  trafficked a person with the intent or
	knowledge that the person would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked person engaging in sexual conduct, as
	defined by Section 43.25, Penal Code;
	(3)  Section 21.02 (Continuous Sexual Abuse of Young
	Child or Children);
	(4)  Section 21.11 (Indecency with a Child);
	(5)  Section 22.011 (Sexual Assault) or 22.021
	(Aggravated Sexual Assault);
	(6)  Section 30.02 (Burglary), if the offense is
	punishable under Subsection (d) of that section and the offender
	committed the offense with the intent to commit an offense
	described by Subdivision (1), (4), or (5);
	(7)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]); or
	(8)  Section 43.25 (Sexual Performance by a Child).
	SECTION 16.  Section 54.031(a), Family Code, is amended to
	read as follows:
	(a)  This section applies to a hearing under this title in
	which a child is alleged to be a delinquent child on the basis of a
	violation of any of the following provisions of the Penal Code, if a
	child 12 years of age or younger or a person with a disability is the
	alleged victim of the violation:
	(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive
	Offenses);
	(2)  Section 25.02 (Prohibited Sexual Conduct);
	(3)  Section 43.25 (Sexual Performance by a Child);
	(4)  Section 20A.02(a)(7) or (8) (Trafficking of
	Persons); or
	(5)  Section 43.05(a)(2) (Compelling Child Sexual
	Exploitation [Prostitution]).
	SECTION 17.  Section 161.001(b), Family Code, is amended to
	read as follows:
	(b)  The court may order termination of the parent-child
	relationship if the court finds by clear and convincing evidence:
	(1)  that the parent has:
	(A)  voluntarily left the child alone or in the
	possession of another not the parent and expressed an intent not to
	return;
	(B)  voluntarily left the child alone or in the
	possession of another not the parent without expressing an intent
	to return, without providing for the adequate support of the child,
	and remained away for a period of at least three months;
	(C)  voluntarily left the child alone or in the
	possession of another without providing adequate support of the
	child and remained away for a period of at least six months;
	(D)  knowingly placed or knowingly allowed the
	child to remain in conditions or surroundings which endanger the
	physical or emotional well-being of the child;
	(E)  engaged in conduct or knowingly placed the
	child with persons who engaged in conduct which endangers the
	physical or emotional well-being of the child;
	(F)  failed to support the child in accordance
	with the parent's ability during a period of one year ending within
	six months of the date of the filing of the petition;
	(G)  abandoned the child without identifying the
	child or furnishing means of identification, and the child's
	identity cannot be ascertained by the exercise of reasonable
	diligence;
	(H)  voluntarily, and with knowledge of the
	pregnancy, abandoned the mother of the child beginning at a time
	during her pregnancy with the child and continuing through the
	birth, failed to provide adequate support or medical care for the
	mother during the period of abandonment before the birth of the
	child, and remained apart from the child or failed to support the
	child since the birth;
	(I)  contumaciously refused to submit to a
	reasonable and lawful order of a court under Subchapter D, Chapter
	261;
	(J)  been the major cause of:
	(i)  the failure of the child to be enrolled
	in school as required by the Education Code; or
	(ii)  the child's absence from the child's
	home without the consent of the parents or guardian for a
	substantial length of time or without the intent to return;
	(K)  executed before or after the suit is filed an
	unrevoked or irrevocable affidavit of relinquishment of parental
	rights as provided by this chapter;
	(L)  been convicted or has been placed on
	community supervision, including deferred adjudication community
	supervision, for being criminally responsible for the death or
	serious injury of a child under the following sections of the Penal
	Code, or under a law of another jurisdiction that contains elements
	that are substantially similar to the elements of an offense under
	one of the following Penal Code sections, or adjudicated under
	Title 3 for conduct that caused the death or serious injury of a
	child and that would constitute a violation of one of the following
	Penal Code sections:
	(i)  Section 19.02 (murder);
	(ii)  Section 19.03 (capital murder);
	(iii)  Section 19.04 (manslaughter);
	(iv)  Section 21.11 (indecency with a
	child);
	(v)  Section 22.01 (assault);
	(vi)  Section 22.011 (sexual assault);
	(vii)  Section 22.02 (aggravated assault);
	(viii)  Section 22.021 (aggravated sexual
	assault);
	(ix)  Section 22.04 (injury to a child,
	elderly individual, or disabled individual);
	(x)  Section 22.041 (abandoning or
	endangering child);
	(xi)  Section 25.02 (prohibited sexual
	conduct);
	(xii)  Section 43.25 (sexual performance by
	a child);
	(xiii)  Section 43.26 (possession or
	promotion of child pornography);
	(xiv)  Section 21.02 (continuous sexual
	abuse of young child or children);
	(xv)  Section 20A.02(a)(7) or (8)
	(trafficking of persons); and
	(xvi)  Section 43.05(a)(2) (compelling
	child sexual exploitation [prostitution]);
	(M)  had his or her parent-child relationship
	terminated with respect to another child based on a finding that the
	parent's conduct was in violation of Paragraph (D) or (E) or
	substantially equivalent provisions of the law of another state;
	(N)  constructively abandoned the child who has
	been in the permanent or temporary managing conservatorship of the
	Department of Family and Protective Services for not less than six
	months, and:
	(i)  the department has made reasonable
	efforts to return the child to the parent;
	(ii)  the parent has not regularly visited
	or maintained significant contact with the child; and
	(iii)  the parent has demonstrated an
	inability to provide the child with a safe environment;
	(O)  failed to comply with the provisions of a
	court order that specifically established the actions necessary for
	the parent to obtain the return of the child who has been in the
	permanent or temporary managing conservatorship of the Department
	of Family and Protective Services for not less than nine months as a
	result of the child's removal from the parent under Chapter 262 for
	the abuse or neglect of the child;
	(P)  used a controlled substance, as defined by
	Chapter 481, Health and Safety Code, in a manner that endangered the
	health or safety of the child, and:
	(i)  failed to complete a court-ordered
	substance abuse treatment program; or
	(ii)  after completion of a court-ordered
	substance abuse treatment program, continued to abuse a controlled
	substance;
	(Q)  knowingly engaged in criminal conduct that
	has resulted in the parent's:
	(i)  conviction of an offense; and
	(ii)  confinement or imprisonment and
	inability to care for the child for not less than two years from the
	date of filing the petition;
	(R)  been the cause of the child being born
	addicted to alcohol or a controlled substance, other than a
	controlled substance legally obtained by prescription;
	(S)  voluntarily delivered the child to a
	designated emergency infant care provider under Section 262.302
	without expressing an intent to return for the child;
	(T)  been convicted of:
	(i)  the murder of the other parent of the
	child under Section 19.02 or 19.03, Penal Code, or under a law of
	another state, federal law, the law of a foreign country, or the
	Uniform Code of Military Justice that contains elements that are
	substantially similar to the elements of an offense under Section
	19.02 or 19.03, Penal Code;
	(ii)  criminal attempt under Section 15.01,
	Penal Code, or under a law of another state, federal law, the law of
	a foreign country, or the Uniform Code of Military Justice that
	contains elements that are substantially similar to the elements of
	an offense under Section 15.01, Penal Code, to commit the offense
	described by Subparagraph (i);
	(iii)  criminal solicitation under Section
	15.03, Penal Code, or under a law of another state, federal law, the
	law of a foreign country, or the Uniform Code of Military Justice
	that contains elements that are substantially similar to the
	elements of an offense under Section 15.03, Penal Code, of the
	offense described by Subparagraph (i); or
	(iv)  the sexual assault of the other parent
	of the child under Section 22.011 or 22.021, Penal Code, or under a
	law of another state, federal law, or the Uniform Code of Military
	Justice that contains elements that are substantially similar to
	the elements of an offense under Section 22.011 or 22.021, Penal
	Code; or
	(U)  been placed on community supervision,
	including deferred adjudication community supervision, or another
	functionally equivalent form of community supervision or
	probation, for being criminally responsible for the sexual assault
	of the other parent of the child under Section 22.011 or 22.021,
	Penal Code, or under a law of another state, federal law, or the
	Uniform Code of Military Justice that contains elements that are
	substantially similar to the elements of an offense under Section
	22.011 or 22.021, Penal Code; and
	(2)  that termination is in the best interest of the
	child.
	SECTION 18.  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, prostitution under Section
	43.02(b), Penal Code, or compelling child sexual exploitation
	[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 19.  Section 262.2015(b), Family Code, is amended to
	read as follows:
	(b)  The court may find under Subsection (a) that a parent
	has subjected the child to aggravated circumstances if:
	(1)  the parent abandoned the child without
	identification or a means for identifying the child;
	(2)  the child or another child of the parent is a
	victim of serious bodily injury or sexual abuse inflicted by the
	parent or by another person with the parent's consent;
	(3)  the parent has engaged in conduct against the
	child or another child of the parent that would constitute an
	offense under the following provisions of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 21.11 (indecency with a child);
	(E)  Section 22.011 (sexual assault);
	(F)  Section 22.02 (aggravated assault);
	(G)  Section 22.021 (aggravated sexual assault);
	(H)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(I)  Section 22.041 (abandoning or endangering
	child);
	(J)  Section 25.02 (prohibited sexual conduct);
	(K)  Section 43.25 (sexual performance by a
	child);
	(L)  Section 43.26 (possession or promotion of
	child pornography);
	(M)  Section 21.02 (continuous sexual abuse of
	young child or children);
	(N)  Section 43.05(a)(2) (compelling child sexual
	exploitation [prostitution]); or
	(O)  Section 20A.02(a)(7) or (8) (trafficking of
	persons);
	(4)  the parent voluntarily left the child alone or in
	the possession of another person not the parent of the child for at
	least six months without expressing an intent to return and without
	providing adequate support for the child;
	(5)  the parent's parental rights with regard to
	another child have been involuntarily terminated based on a finding
	that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
	or a substantially equivalent provision of another state's law;
	(6)  the parent has been convicted for:
	(A)  the murder of another child of the parent and
	the offense would have been an offense under 18 U.S.C. Section
	1111(a) if the offense had occurred in the special maritime or
	territorial jurisdiction of the United States;
	(B)  the voluntary manslaughter of another child
	of the parent and the offense would have been an offense under 18
	U.S.C. Section 1112(a) if the offense had occurred in the special
	maritime or territorial jurisdiction of the United States;
	(C)  aiding or abetting, attempting, conspiring,
	or soliciting an offense under Paragraph (A) or (B); or
	(D)  the felony assault of the child or another
	child of the parent that resulted in serious bodily injury to the
	child or another child of the parent;
	(7)  the parent's parental rights with regard to
	another child of the parent have been involuntarily terminated; or
	(8)  the parent is required under any state or federal
	law to register with a sex offender registry.
	SECTION 20.  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; and
	(3)  compelling prostitution or child sexual
	exploitation under Section 43.05, Penal Code.
	SECTION 21.  The heading to Section 411.0728, Government
	Code, is amended to read as follows:
	Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
	OF PERSONS OR COMPELLING PROSTITUTION OR CHILD SEXUAL EXPLOITATION.
	SECTION 22.  Section 499.027(b), Government Code, is amended
	to read as follows:
	(b)  An inmate is not eligible under this subchapter to be
	considered for release to intensive supervision parole if:
	(1)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense for
	which the judgment contains an affirmative finding under Article
	42A.054(c) or (d), Code of Criminal Procedure;
	(2)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense
	listed in one of the following sections of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 20.03 (kidnapping);
	(E)  Section 20.04 (aggravated kidnapping);
	(F)  Section 21.11 (indecency with a child);
	(G)  Section 22.011 (sexual assault);
	(H)  Section 22.02 (aggravated assault);
	(I)  Section 22.021 (aggravated sexual assault);
	(J)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(K)  Section 25.02 (prohibited sexual conduct);
	(L)  Section 25.08 (sale or purchase of a child);
	(M)  Section 28.02 (arson);
	(N)  Section 29.02 (robbery);
	(O)  Section 29.03 (aggravated robbery);
	(P)  Section 30.02 (burglary), if the offense is
	punished as a first-degree felony under that section;
	(Q)  Section 43.04 (aggravated promotion of
	prostitution);
	(R)  Section 43.05 (compelling prostitution or
	child sexual exploitation);
	(S)  Section 43.24 (sale, distribution, or
	display of harmful material to minor);
	(T)  Section 43.25 (sexual performance by a
	child);
	(U)  Section 46.10 (deadly weapon in penal
	institution);
	(V)  Section 15.01 (criminal attempt), if the
	offense attempted is listed in this subsection;
	(W)  Section 15.02 (criminal conspiracy), if the
	offense that is the subject of the conspiracy is listed in this
	subsection;
	(X)  Section 15.03 (criminal solicitation), if
	the offense solicited is listed in this subsection;
	(Y)  Section 21.02 (continuous sexual abuse of
	young child or children);
	(Z)  Section 20A.02 (trafficking of persons);
	(AA) Section 20A.03 (continuous trafficking of
	persons); or
	(BB) Section 43.041 (aggravated online promotion
	of prostitution); or
	(3)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense under
	Chapter 481, Health and Safety Code, punishable by a minimum term of
	imprisonment or a maximum fine that is greater than the minimum term
	of imprisonment or the maximum fine for a first degree felony.
	SECTION 23.  Section 1701.258(b), Occupations Code, is
	amended to read as follows:
	(b)  The commission shall make available to each officer a
	voluntary advanced education, instruction, and training program on
	the trafficking of persons and compelling prostitution or child
	sexual exploitation prohibited under Sections 20A.02 and 43.05,
	Penal Code.
	SECTION 24.  Section 20A.02(a), Penal Code, is amended 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 or
	Child Sexual Exploitation);
	(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);
	(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 or
	Child Sexual Exploitation);
	(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).
	SECTION 25.  Section 21.02(c), Penal Code, is amended to
	read as follows:
	(c)  For purposes of this section, "act of sexual abuse"
	means any act that is a violation of one or more of the following
	penal laws:
	(1)  aggravated kidnapping under Section 20.04(a)(4),
	if the actor committed the offense with the intent to violate or
	abuse the victim sexually;
	(2)  indecency with a child under Section 21.11(a)(1),
	if the actor committed the offense in a manner other than by
	touching, including touching through clothing, the breast of a
	child;
	(3)  sexual assault under Section 22.011;
	(4)  aggravated sexual assault under Section 22.021;
	(5)  burglary under Section 30.02, if the offense is
	punishable under Subsection (d) of that section and the actor
	committed the offense with the intent to commit an offense listed in
	Subdivisions (1)-(4);
	(6)  sexual performance by a child under Section 43.25;
	(7)  trafficking of persons under Section 20A.02(a)(7)
	or (8); and
	(8)  compelling child sexual exploitation
	[prostitution] under Section 43.05(a)(2).
	SECTION 26.  Section 71.02(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or children,
	solicitation of a minor, forgery, deadly conduct, assault
	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
	unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution or child sexual
	exploitation;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(5-a) causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a)(1) or 46.14;
	(17)  any offense under Section 20.05 or 20.06;
	(18)  any offense under Section 16.02; or
	(19)  any offense classified as a felony under the Tax
	Code.
	SECTION 27.  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, promotion of prostitution, aggravated
	promotion of prostitution, or compelling prostitution or child
	sexual exploitation, as prohibited by the Penal Code, or
	trafficking of persons as described by Section 20A.02, Penal Code.
	SECTION 28.  The change in law made by this Act applies only
	to an offense committed or conduct that occurs on or after the
	effective date of this Act. An offense committed or conduct that
	occurs before the effective date of this Act is governed by the law
	in effect on the date the offense was committed or the conduct
	occurred, and the former law is continued in effect for that
	purpose. For the purposes of this section, an offense was committed
	or conduct occurred before the effective date of this Act if any
	element of the offense or conduct occurred before that date.
	SECTION 29.  This Act takes effect September 1, 2021.