H.B. No. 1778         AN ACT   relating to human trafficking, prostitution, and child pornography   and to the prosecution of sexual or assaultive offenses or the   prosecution of a failure to stop or report those offenses; amending   and harmonizing certain statute of limitations provisions;   creating a criminal offense; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. HUMAN TRAFFICKING          SECTION 1.01.  Section 71.0353(a), Government Code, is   amended to read as follows:          (a)  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 or   20A.03, Penal Code;                (2)  prostitution under Section 43.02, Penal Code;                (3)  solicitation of prostitution under Section   43.021, Penal Code; [and]                (4)  promotion of prostitution under Section 43.03,   Penal Code;                (5)  online promotion of prostitution under Section   43.031, Penal Code;                (6)  aggravated promotion of prostitution under   Section 43.04, Penal Code;                (7)  aggravated online promotion of prostitution under   Section 43.041, Penal Code; and                (8)  compelling prostitution under Section 43.05,   Penal Code.          SECTION 1.02.  Section 402.034(c), Government Code, is   amended to read as follows:          (c)  The council is composed of the following:                (1)  the governor or the governor's designee;                (2)  the attorney general or the attorney general's   designee;                (3)  the commissioner of the Department of Family and   Protective Services or the commissioner's designee;                (4)  the public safety director of the Department of   Public Safety or the director's designee;                (5)  one representative from each of the following   state agencies, appointed by the chief administrative officer of   the respective agency:                      (A)  the Texas Workforce Commission;                      (B)  the Texas Alcoholic Beverage Commission;                      (C)  the Parks and Wildlife Department;                      (D)  the Texas Department of Licensing and   Regulation;                      (E)  the Texas Education Agency; [and]                      (F)  the Texas Department of Transportation; and                      (G)  the Office of Court Administration of the   Texas Judicial System; and                (6)  one representative of any other state agency   appointed by the chief administrative officer of the agency, if the   council determines that a representative from the state agency is a   necessary member of the council.          SECTION 1.03.  Section 402.035(g), Government Code, is   amended to read as follows:          (g)  Not later than December 1 of each even-numbered year,   the task force shall submit a report regarding the task force's   activities, findings, and recommendations, including:                (1)  any proposed legislation, to the governor, the   lieutenant governor, and the legislature; and                (2)  an addendum comprised of the findings and   recommendations submitted to the task force by the attorney general   under Section 402.0353.          SECTION 1.04.  Section 402.0351(a), Government Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)  "Body piercing studio" has the meaning assigned by   Section 146.001, Health and Safety Code.                (1-a)  "Cosmetology facility" means a person who holds   a license to operate a facility or school under Chapter 1603 [1602],   Occupations Code, where cosmetology is practiced.          SECTION 1.05.  Section 402.0351(a-1), Government Code, is   amended to read as follows:          (a-1)  Except as provided by Subsection (a-3), a person who   operates any of the following entities shall post at the entity the   sign prescribed under Subsection (b), or, if applicable, a similar   sign or notice as prescribed by other state law:                (1)  an entity permitted or licensed under Chapter 25,   26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity   holding a food and beverage certificate;                (2)  a cosmetology facility;                (3)  a hospital;                (4)  a massage establishment;                (5)  a massage school;                (6)  a sexually oriented business;                (7)  a tattoo studio; [or]                (8)  a transportation hub; or                (9)  a body piercing studio.          SECTION 1.06.  Article 2A.205, Code of Criminal Procedure,   is transferred to Subchapter B, Chapter 402, Government   Code, redesignated as Section 402.0352, Government Code, and   amended to read as follows:          Sec. 402.0352  [Art. 2A.205].  REPORTING OF [CERTAIN LAW   ENFORCEMENT AGENCIES: REPORT CONCERNING] HUMAN TRAFFICKING CASES.     (a)  This section [article] applies only to:                (1)  a municipal police department, sheriff's   department, or constable's office[, county attorney's office,   district attorney's office, and criminal district attorney's   office, as applicable,] in a county with a population of more than   50,000;                (2)  the Department of Family and Protective Services;                 (3)  the Texas Department of Licensing and Regulation;                 (4)  the Office of Court Administration of the Texas   Judicial System;                 (5)  the Texas Department of Criminal Justice;                (6)  the Texas Juvenile Justice Department;                (7)  the Texas Alcoholic Beverage Commission; and                (8) [(2)]  the Department of Public Safety.          (b)  An entity to which this section [article] applies that   investigates or collects data regarding the alleged commission of   an offense under Chapter 20A, Penal Code, or the alleged commission   of an offense under Chapter 21, 22, or 43, Penal Code, that may   involve human trafficking, shall submit to the attorney general [a   report] in the manner and form prescribed by the attorney general a   report containing the following information:                (1)  the offense being investigated or for which data   is being collected, including the offense code designated by the   Department of Public Safety under Article 66.052, Code of Criminal   Procedure [a brief description of the alleged prohibited conduct];                (2)  regarding each person suspected of committing the   offense [and each victim of the offense, as applicable]:                      (A)  the person's:                            (i)  full name [age];                            (ii)  gender; [and]                            (iii)  race or ethnicity, as defined by   Article 2B.0051, Code of Criminal Procedure;                            (iv)  country of origin, if the person is not   a United States citizen or legal permanent resident;                            (v)  date of birth; and                            (vi)  age at the time of the offense, if   available; and                      (B)  the case number associated with the person   and the offense [and with the person suspected of committing the   offense];                (3)  the date[, time,] and location of the alleged   offense, including the city and county;                (4)  [the type of human trafficking involved,   including:                      [(A)  forced labor or services, as defined by   Section 20A.01, Penal Code;                      [(B)  causing the victim by force, fraud, or   coercion to engage in prohibited conduct involving one or more   sexual activities, including conduct described by Section   20A.02(a)(3), Penal Code; or                      [(C)  causing a child victim by any means to   engage in, or become the victim of, prohibited conduct involving   one or more sexual activities, including conduct described by   Section 20A.02(a)(7), Penal Code;                [(5)  if available, information regarding any victims'   service organization or program to which the victim was referred as   part of the investigation; and                [(6)]  the disposition of the investigation, if any,   regardless of the manner of disposition; and                (5)  regarding the victim of the offense:                      (A)  the victim's:                            (i)  age at the time of the offense, if   available;                            (ii)  gender;                            (iii)  race or ethnicity, as defined by   Article 2B.0051, Code of Criminal Procedure; and                            (iv)  country of origin, if the victim is not   a United States citizen or legal permanent resident; and                      (B)  if available, information regarding any   victims' service organization or program to which the victim was   referred as part of the investigation.          (c)  An entity described by Subsection (a) that does not have   any investigations or offenses required to be reported under this   section during a reporting period described by Subsection (c-1)   shall submit to the attorney general a notice stating there are no   cases to report, in the manner and form prescribed by the attorney   general [An attorney representing the state who prosecutes the   alleged commission of an offense under Chapter 20A, Penal Code, or   the alleged commission of an offense under Chapter 43, Penal Code,   that may involve human trafficking, shall submit to the attorney   general the following information:                [(1)  the offense being prosecuted, including a brief   description of the alleged prohibited conduct;                [(2)  any other charged offense that is part of the same   criminal episode out of which the offense described by Subdivision   (1) arose;                [(3)  the information described by Subsections (b)(2),   (3), (4), and (5); and                [(4)  the disposition of the prosecution, regardless of   the manner of disposition].          (c-1)  An entity described by Subsection (a) shall submit a   report under this section at least once every six months.          (d)  The attorney general may enter into a contract with a   university or organization to assist with [that provides for the   university's assistance in] the collection and analysis of   information received under this section [article].  The attorney   general shall ensure that all sensitive information is properly   protected.          (e)  Information described by Subsections (b)(2)(A)(i) and   (v) and (b)(2)(B) is confidential and not subject to disclosure   under Chapter 552.          (f)  In consultation with the entities described by   Subsection (a), the attorney general shall adopt rules to   administer this section [article], including rules prescribing:                (1)  the form and manner of submission of a report or   notice required by Subsection (b) or (c); and                (2)  additional information to include in a report or   notice required by Subsection (b) or (c).          (g)  An entity, other than an entity described by Subsection   (a), that has information relating to the alleged commission of an   offense under Chapter 20A, Penal Code, or an offense under Chapter   21, 22, or 43, Penal Code, that may involve human trafficking, may   submit the information to the office of the attorney general.          SECTION 1.07.  Subchapter B, Chapter 402, Government Code,   is amended by adding Section 402.0353 to read as follows:          Sec. 402.0353.  STATEWIDE HUMAN TRAFFICKING DATA   REPOSITORY; ANNUAL REPORT.  (a)  The office of the attorney general   shall establish a statewide human trafficking data repository to   collect, organize, and analyze human trafficking information   reported to the office under Section 402.0352 in a manner that   enables the office, in collaboration with the human trafficking   prevention coordinating council established under Section 402.034,   to:                (1)  evaluate the efficacy of state-funded initiatives   that aim to reduce the occurrence of human trafficking in this   state;                (2)  make recommendations to appropriate local law   enforcement agencies, state agencies, and other entities regarding   the implementation of rules, regulations, or policies which may   better allow each entity to:                      (A)  combat human trafficking;                      (B)  apprehend and prosecute persons suspected of   committing criminal offenses involving human trafficking; and                      (C)  provide necessary services to victims of   human trafficking; and                (3)  make recommendations to improve the efficacy of   the human trafficking prevention task force under Section 402.035.          (b)  Information stored in the data repository established   under this section may not contain personal identifying information   relating to:                (1)  a person suspected of committing an offense   involving human trafficking;                (2)  a suspected or known victim of human trafficking;   or                 (3)  any other individual identified in the information   shared with the office of the attorney general under Section   402.0352.           (c)  For purposes of establishing and maintaining the data   repository established under this section, the attorney general may   contract with a third party that has experience working with human   trafficking data and is:                (1)  a public or private institution of higher   education; or                (2)  a nonprofit organization.          (d)  The attorney general shall submit the attorney   general's findings and recommendations based on the information   collected, organized, and analyzed using the data repository   established under this section to the human trafficking prevention   task force for inclusion in the report required under Section   402.035(g).          SECTION 1.08.  Chapter 146, Health and Safety Code, is   amended by adding Section 146.0075 to read as follows:          Sec. 146.0075.  REQUIRED HUMAN TRAFFICKING TRAINING. (a)     Each employee of a tattoo studio or body piercing studio within the   time prescribed by rules adopted by the executive commissioner   shall complete a training course approved by the executive   commissioner on identifying and assisting victims of human   trafficking.          (b)  The executive commissioner shall approve training   courses on human trafficking prevention, including at least one   course that is available without charge. The department shall post   the list of the approved training courses on the department's   Internet website.          (c)  A tattoo studio or body piercing studio shall post signs   relating to human trafficking as required by Section 402.0351,   Government Code.          SECTION 1.09.  Subchapter G, Chapter 1603, Occupations Code,   is amended by adding Section 1603.302 to read as follows:          Sec. 1603.302.  CONTINUING EDUCATION REGARDING HUMAN   TRAFFICKING. The commission shall adopt rules requiring a license   holder to complete continuing education on identifying and   assisting victims of human trafficking.          SECTION 1.10.  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);                (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 or disabled individual with the   intent that the trafficked child or disabled individual engage in   forced labor or services, regardless of whether the person knows   the age of the child or whether the person knows the victim is   disabled;                (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, regardless of whether the person knows the age of the   child or whether the person knows the victim is disabled;                (7)  traffics a child or disabled individual,   regardless of whether the person knows the age of the child or   whether the person knows the victim is disabled, and by any means   causes the trafficked child or disabled individual to engage in, or   become the victim of, conduct prohibited by:                      (A)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Disabled Individual);                      (B)  Section 21.11 (Indecency with a Child);                      (C)  Section 22.011 (Sexual Assault);                      (D)  Section 22.021 (Aggravated Sexual Assault);                      (E)  Section 43.02 (Prostitution);                      (E-1)  Section 43.021 (Solicitation of   Prostitution);                      (F)  Section 43.03 (Promotion of Prostitution);                      (F-1)  Section 43.031 (Online Promotion of   Prostitution);                      (G)  Section 43.04 (Aggravated Promotion of   Prostitution);                      (G-1)  Section 43.041 (Aggravated Online   Promotion of Prostitution);                      (H)  Section 43.05 (Compelling Prostitution);                      (I)  Section 43.25 (Sexual Performance by a   Child);                      (J)  Section 43.251 (Employment Harmful to   Children); or                      (K)  Section 43.26 (Possession or Promotion of   Child Pornography); or                (8)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (7) or engages   in sexual conduct with a child or disabled individual trafficked in   the manner described in Subdivision (7), regardless of whether the   person knows the age of the child or whether the person knows the   victim is disabled.          SECTION 1.11.  Section 20A.02(b), Penal Code, as amended by   Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (b)  Except as otherwise provided by this subsection and   Subsection (b-1), an offense under this section is a felony of the   second degree. An offense under this section is a felony of the   first degree if:                (1)  the applicable conduct constitutes an offense   under Subsection (a)(5), (6), (7), or (8)[, regardless of whether   the actor knows the age of the child or whether the actor knows the   victim is disabled at the time of the offense];                (2)  the commission of the offense results in serious   bodily injury to or 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:                      (A)  used or exhibited a deadly weapon during the   commission of the offense; or                      (B)  intentionally, knowingly, or recklessly   impeded the normal breathing or circulation of the blood of the   trafficked person by applying pressure to the person's throat or   neck or by blocking the person's nose or mouth.          SECTION 1.12.  Section 20A.02(b-1), Penal Code, as amended   by Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (b-1)  An offense under this section is a felony of the first   degree punishable by imprisonment in the Texas Department of   Criminal Justice for life or for a term of not more than 99 years or   less than 25 years if it is shown on the trial of the offense that   the actor committed any part of the offense [in a location that   was]:                (1)  on the premises of or within 1,000 feet of the   premises of:                      (A)  a school or a school bus stop or other area   designated by a school as a pick-up or drop-off zone for students;   [or]                      (B)  an institution of higher education or private   or independent institution of higher education, as defined by   Section 61.003, Education Code;                      (C) [(B)]  a juvenile detention facility;                      (D) [(C)]  a post-adjudication secure   correctional facility;                      (E) [(D)]  a shelter or facility operating as a   residential treatment center that serves runaway youth, foster   children, people who are homeless, or persons subjected to human   trafficking, domestic violence, or sexual assault;                      (F) [(E)]  a community center offering youth   services and programs; or                      (G) [(F)]  a child-care facility, as defined by   Section 42.002, Human Resources Code; [or]                (2)  on the premises where or within 1,000 feet of the   premises where:                      (A)  an official school function was taking place;   or                      (B)  an event sponsored or sanctioned by the   University Interscholastic League was taking place; or                (3)  in a school bus or other passenger transportation   vehicle of a school.          SECTION 1.13.  Section 4.01, Chapter 93 (S.B. 1527), Acts of   the 88th Legislature, Regular Session, 2023, which amended Article   2.305, Code of Criminal Procedure, is repealed.          SECTION 1.14.  Notwithstanding Article 2A.205, Code of   Criminal Procedure, as transferred, redesignated, and amended by   this article, an entity that was not required to report under   Article 2A.205, Code of Criminal Procedure, as it existed   immediately before the effective date of this Act, is not required   to submit the initial report required by Article 2A.205, Code of   Criminal Procedure, before July 1, 2026.          SECTION 1.15.  Notwithstanding Section 402.035(g),   Government Code, as amended by this article, the human trafficking   prevention task force is not required to include in the task force's   report the addendum required by that subsection before July 1,   2027.          SECTION 1.16.  The changes in law made by this article to   Chapter 20A, Penal Code, apply only to an offense committed on or   after September 1, 2025. An offense committed before September 1,   2025, 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 September 1, 2025, if any element of the offense occurred   before that date.          SECTION 1.17.  As soon as practicable after September 1,   2025, the Office of Court Administration of the Texas Judicial   System shall appoint a representative as required by Section   402.034(c), Government Code, as amended by this article.          SECTION 1.18.  As soon as practicable after September 1,   2025:                (1)  the executive commissioner of the Health and Human   Services Commission shall:                      (A)  approve human trafficking prevention   training courses as provided by Section 146.0075(b), Health and   Safety Code, as added by this article; and                      (B)  adopt rules necessary to implement Section   146.0075, Health and Safety Code, as added by this article; and                (2)  the Department of State Health Services shall post   on its Internet website the list of human trafficking prevention   courses approved by the executive commissioner of the Health and   Human Services Commission under Section 146.0075(b), Health and   Safety Code, as added by this article.          SECTION 1.19.  As soon as practicable after September 1,   2025, the Texas Commission of Licensing and Regulation shall adopt   the rules required by Section 1603.302, Occupations Code, as added   by this article.          SECTION 1.20.  An employee of a tattoo studio or body   piercing studio is not required to complete a training course as   required by Section 146.0075(a), Health and Safety Code, as added   by this article, before January 1, 2026.          SECTION 1.21.  To the extent of any conflict, this article   prevails over another Act of the 89th Legislature, Regular Session,   2025, relating to nonsubstantive additions to and corrections in   enacted codes.   ARTICLE 2. PROSTITUTION          SECTION 2.01.  Section 43.021(b), Penal Code, is amended to   read as follows:          (b)  An offense under Subsection (a) is a state jail felony,   except that the offense is:                (1)  a felony of the third degree if the actor has   previously been convicted of an offense under Subsection (a) or   under Section 43.02(b), as that law existed before September 1,   2021; or                (2)  a felony of the second degree if the person with   respect to whom the actor offers or agrees to engage [pay the fee   for the purpose of engaging] in sexual conduct is:                      (A)  younger than 18 years of age, regardless of   whether the actor knows the age of the person at the time of the   offense;                      (B)  represented to the actor as being younger   than 18 years of age; or                      (C)  believed by the actor to be younger than 18   years of age.          SECTION 2.02.  Subchapter A, Chapter 43, Penal Code, is   amended by adding Section 43.032 to read as follows:          Sec. 43.032.  CONTINUOUS PROMOTION OF PROSTITUTION. (a)  A   person commits an offense if, during a period that is 30 or more   days in duration, the person engages two or more times in conduct   that constitutes an offense under Section 43.03.          (b)  If a jury is the trier of fact, members of the jury are   not required to agree unanimously on which specific conduct engaged   in by the defendant constituted an offense under Section 43.03 or on   which exact date the defendant engaged in that conduct.  The jury   must agree unanimously that the defendant, during a period that is   30 or more days in duration, engaged two or more times in conduct   that constituted an offense under Section 43.03.          (c)  If the victim of an offense under Subsection (a) is the   same victim as a victim of an offense under Section 43.03, a   defendant may not be convicted of the offense under Section 43.03 in   the same criminal action as the offense under Subsection (a),   unless the offense under Section 43.03:                (1)  is charged in the alternative;                (2)  occurred outside the period in which the offense   alleged under Subsection (a) was committed; or                (3)  is considered by the trier of fact to be a lesser   included offense of the offense alleged under Subsection (a).          (d)  A defendant may not be charged with more than one count   under Subsection (a) if all of the conduct that constitutes an   offense under Section 43.03 is alleged to have been committed   against the same victim.          (e)  An offense under this section is a felony of the first   degree.          SECTION 2.03.  Article 17.081, Code of Criminal Procedure,   is amended to read as follows:          Art. 17.081.  ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY   CERTAIN DEFENDANTS.  In addition to the requirements of Article   17.08, a bail bond for a defendant charged with an offense under   Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.032, 43.04,   43.041, or 43.05, Penal Code, must include the address,   identification number, and state of issuance as shown on a valid   driver's license or identification card for the defendant and any   surety, including any agent executing the bail bond on behalf of a   corporation acting as surety.          SECTION 2.04.  Article 17.465(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  A magistrate shall require as a condition of release on   bond that a defendant charged with an offense under Section 20A.02,   20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code,   committed against a person 18 years of age or older may not:                (1)  communicate directly or indirectly with the   victim; or                (2)  go to or near:                      (A)  the residence, place of employment, or   business of the victim; or                      (B)  if applicable, a school, day-care facility,   or similar facility where a dependent child of the victim is in   attendance.          SECTION 2.05.  Article 42A.054(e), Code of Criminal   Procedure, is amended to read as follows:          (e)  Notwithstanding Subsection (a), with respect to an   offense committed by a defendant under Section 43.04 or 43.05,   Penal Code, a judge may place the defendant on community   supervision as permitted by Article 42A.053 if the judge makes a   finding that the defendant committed the offense solely as a victim   of an offense under Section 20A.02, 20A.03, 43.03, 43.032, 43.04,   or 43.05, Penal Code.          SECTION 2.06.  Article 56B.003(13), Code of Criminal   Procedure, is amended to read as follows:                (13)  "Trafficking of persons" means any offense that   results in a person engaging in forced labor or services, including   sexual conduct, and that may be prosecuted under Section 20A.02,   20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,   or 43.26, Penal Code.          SECTION 2.07.  Article 58.051(11), Code of Criminal   Procedure, is amended to read as follows:                (11)  "Trafficking of persons" means any conduct that:                      (A)  constitutes an offense under Section 20A.02,   20A.03, 43.03, 43.031, 43.032, 43.04, 43.041, 43.05, 43.25, 43.251,   or 43.26, Penal Code; and                      (B)  results in a person:                            (i)  engaging in forced labor or services;   or                            (ii)  otherwise becoming a victim of the   offense.          SECTION 2.08.  Section 169.002(b), Health and Safety Code,   is amended to read as follows:          (b)  A defendant is eligible to participate in a first   offender solicitation of prostitution prevention program   established under this chapter only if:                (1)  the attorney representing the state consents to   the defendant's participation in the program; and                (2)  the court in which the criminal case is pending   finds that the defendant has not been previously convicted of:                      (A)  an offense under Section 20A.02, 43.02(b), as   that law existed before September 1, 2021, 43.021, 43.03, 43.031,   43.032, 43.04, 43.041, or 43.05, Penal Code;                      (B)  an offense listed in Article 42A.054(a), Code   of Criminal Procedure; or                      (C)  an offense punishable as a felony under   Chapter 481.          SECTION 2.09.  Section 455.005(c), Occupations Code, is   amended to read as follows:          (c)  A political subdivision may not adopt a regulation of   the type described by Subsection (b) that is more restrictive for   massage establishments than for other health care establishments,   except that a more restrictive regulation of the type described by   Subsection (b) may be adopted:                (1)  as provided by Chapter 243, Local Government Code;   or                (2)  if the regulation relates to the location,   ownership, hours of operation, or operation of a massage   establishment:                      (A)  where three or more arrests have occurred or   citations in lieu of arrest have been issued for an offense under   Section 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal   Code, that was committed at the massage establishment;                      (B)  where an offense under Chapter 20A, or   Section 34.02, 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or   71.02, Penal Code, was committed that resulted in a conviction;                      (C)  that is operating at a location where another   massage establishment against which a sanction was imposed for a   violation of this chapter previously operated; or                      (D)  that is operating at a location where another   massage establishment owned or operated by an individual against   whom a sanction was imposed for a violation of this chapter   previously operated.          SECTION 2.10.  Section 455.152, Occupations Code, as amended   by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          Sec. 455.152.  INELIGIBILITY FOR LICENSE. A person is not   eligible for a license as a massage establishment, massage school,   massage therapist, or massage therapy instructor if the person is   an individual and has been convicted of, entered a plea of nolo   contendere or guilty to, or received deferred adjudication for:                (1)  an offense under Chapter 20A, Penal Code [Section   22.011 or 22.021 Penal Code], or Section 43.021, 43.03, 43.031,   43.032, 43.04, 43.041, or 43.05, Penal Code; [or]                (2)  an offense under federal law or the laws of another   state containing elements that are substantially similar to the   elements of an offense described by Subdivision (1); or                (3)  an offense under Section 22.011 or 22.021, Penal   Code.          SECTION 2.11.  Section 455.251(b), Occupations Code, is   amended to read as follows:          (b)  The commission or executive director shall revoke the   license of a person licensed as a massage therapist or massage   therapy instructor if:                (1)  the person is convicted of, enters a plea of nolo   contendere or guilty to, or receives deferred adjudication for:                      (A)  an offense under Chapter 20A, Penal Code, or   Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05,   Penal Code; or                      (B)  an offense under federal law or the laws of   another state containing elements that are substantially similar to   the elements of an offense described by Paragraph (A); or                (2)  the commission or executive director determines   the person has practiced or administered massage therapy at or for a   sexually oriented business.          SECTION 2.12.  The change in law made by this article to   Section 43.021(b), Penal Code, applies only to an offense committed   on or after September 1, 2025.  An offense committed before   September 1, 2025, 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 September 1, 2025, if any element of the offense   occurred before that date.   ARTICLE 3. CHILD PORNOGRAPHY          SECTION 3.01.  Section 43.26(d), Penal Code, as amended by   Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (d)  An offense under Subsection (a) is:                (1)  a felony of the third degree if the person   possesses visual material that contains fewer than 10 [100] visual   depictions of a child as described by Subsection (a)(1);                (2)  a felony of the second degree if the person   possesses visual material that contains 10 [100] or more visual   depictions of a child as described by Subsection (a)(1) but fewer   than 50 [500] such depictions;                (3)  a felony of the first degree if the person:                      (A)  possesses visual material that contains 50   [500] or more visual depictions of a child as described by   Subsection (a)(1); or                      (B)  possesses visual material of conduct   constituting an offense under Section 22.011(a)(2); or                (4)  a felony of the first degree punishable 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 if it   is shown on the trial of the offense that, at the time of the   offense, the person was:                      (A)  an employee at a child-care facility or a   residential child-care facility, as those terms are defined by   Section 42.002, Human Resources Code;                      (B)  an employee at a residential treatment   facility established under Section 221.056, Human Resources Code;                      (C)  an employee at a shelter or facility that   serves youth and that receives state funds; or                      (D)  receiving state funds for the care of a child   depicted by the visual material.          SECTION 3.02.  Section 43.26(g), Penal Code, is amended to   read as follows:          (g)  An offense under Subsection (e) is a felony of the first   [second] degree, except that the offense is a felony of the first   degree with a minimum term of confinement of 15 years if:                (1)  the person promotes or possesses with intent to   promote:                      (A)  visual material that contains 50 or more   visual depictions of a child as described by Subsection (a)(1); or                      (B)  visual material of conduct constituting an   offense under Section 22.011(a)(2); and                (2)  it is shown on the trial of the offense that the   person has been previously convicted of an offense under this   section [that subsection].          SECTION 3.03.  The following provisions of the Penal Code   are repealed:                (1)  Section 43.26(d-1), as added by Chapter 93 (S.B.   1527), Acts of the 88th Legislature, Regular Session, 2023; and                (2)  Section 43.26(d-2).          SECTION 3.04.  The changes in law made by this article to   Section 43.26, Penal Code, apply only to an offense committed on or   after September 1, 2025. An offense committed before September 1,   2025, 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 September 1, 2025, if any element of the offense was   committed before that date.   ARTICLE 4.  PROSECUTION OF SEXUAL OR ASSAULTIVE OFFENSES OR   PROSECUTION OF FAILURE TO STOP OR REPORT THOSE OFFENSES          SECTION 4.01.  Article 12.01, Code of Criminal Procedure, as   amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),   422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),   709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),   and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,   2023, is reenacted and amended to read as follows:          Art. 12.01.  FELONIES. Except as provided in Articles   12.015 and 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   disabled individual 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 a   collision under Section 550.021, Transportation Code, if the   collision 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;                      (I)  compelling prostitution under Section   43.05(a)(2) or (3), Penal Code; [or]                      (J)  tampering with physical evidence under   Section 37.09(a)(1) or (d)(1), Penal Code, if:                            (i)  the evidence tampered with is a human   corpse, as defined by that section; or                            (ii)  the investigation of the offense shows   that a reasonable person in the position of the defendant at the   time of the commission of the offense would have cause to believe   that the evidence tampered with is related to a criminal homicide   under Chapter 19, Penal Code;                      (K) [(J)]  interference with child custody under   Section 25.03(a)(3), Penal Code;                      (L) [(J)]  burglary under Section 30.02, Penal   Code, if:                            (i)  the offense is punishable under   Subsection (d) of that section because the defendant entered a   habitation with the intent to commit an offense under Section   22.011 or 22.021, Penal Code; and                            (ii)  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;                      (M)  failure to stop or report sexual or   assaultive offense against child under Section 38.17, Penal Code;   or                      (N)  continuous promotion of prostitution under   Section 43.032, 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 (9) [(8)];                      (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)  fraudulent securing of document execution;                      (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;                      (J)  bigamy under Section 25.01, Penal Code,   except as provided by Subdivision (7); or                      (K)  possession or promotion of child pornography   under Section 43.26, Penal Code;                (4)  five years from the date of the commission of the   offense:                      (A)  theft or robbery;                      (B)  except as provided by Subdivision (5),   kidnapping;                      (C) [(B-1)]  except as provided by Subdivision   (1) or (5), burglary;                      (D) [(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;                      (E) [(D)]  abandoning or endangering an [a   child,] elderly [individual,] or disabled individual;                      (F) [(E)]  insurance fraud;                      (G) [(F)]  assault under Section 22.01, Penal   Code, if the assault was committed against a person whose   relationship to or association with the defendant is described by   Section 71.0021(b), 71.003, or 71.005, Family Code;                      (H) [(G)]  continuous violence against the family   under Section 25.11, Penal Code; or                      (I) [(H)]  aggravated assault under Section   22.02, Penal Code;                (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)  kidnapping under Section 20.03, Penal Code,   or aggravated kidnapping under Section 20.04, Penal Code; or                      (B)  subject to Subdivision (1)(L) [(1)(J)],   burglary under Section 30.02, Penal Code, if the offense is   punishable under Subsection (d) of that section because the   defendant entered a habitation with the intent to commit an offense   described by Subdivision (1)(B) or (D) of this article or Paragraph   (A) of this subdivision;                (6)  20 years from the 18th birthday of the victim of   one of the following offenses:                      (A)  trafficking of a child [persons] under   Section 20A.02(a)(5) or (6), Penal Code; or                      (B)  sexual performance by a child under Section   43.25, Penal Code;                (7)  ten years from the 18th birthday of the victim of   the offense:                      (A)  injury to a child under Section 22.04, Penal   Code;                      (B)  bigamy under Section 25.01, Penal Code, if   the investigation of the offense shows that the person, other than   the legal spouse of the defendant, whom the defendant marries or   purports to marry or with whom the defendant lives under the   appearance of being married is younger than 18 years of age at the   time the offense is committed; or                      (C) [(D)]  abandoning or endangering a child;                (8) [(7)]  ten years from the date the offense was   discovered: trafficking of a disabled individual under Section   20A.02(a)(5) or (6), Penal Code;                (9) [(8)]  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                (10) [(9)]  three years from the date of the commission   of the offense:  all other felonies.          SECTION 4.02.  Section 2(a), Article 38.072, Code of   Criminal Procedure, as amended by Chapters 284 (S.B. 643) and 710   (H.B. 2846), Acts of the 81st Legislature, Regular Session, 2009,   is reenacted and amended to read as follows:          (a)  This article applies only to statements that:                (1)  describe:                      (A)  the alleged offense; or                      (B)  if the statement is offered during the   punishment phase of the proceeding, a crime, wrong, or act other   than the alleged offense that is:                            (i)  described by Section 1;                            (ii)  allegedly committed by the defendant   against the child or person with a disability who is the victim of   the offense or against another person who is a child younger than 18   [14] years of age or a person with a disability; and                            (iii)  otherwise admissible as evidence   under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or   another law or rule of evidence of this state;                (2)  were made by the child or person with a disability   against whom the charged offense or extraneous crime, wrong, or act   was allegedly committed; and                (3)  were made to the first person, 18 years of age or   older, other than the defendant, to whom the child or person with a   disability made a statement about the offense or extraneous crime,   wrong, or act.          SECTION 4.03.  Section 2, Article 38.072, Code of Criminal   Procedure, is amended by adding Subsection (a-1) to read as   follows:          (a-1)  The trial court shall admit more than one statement   under this article at a proceeding if each statement:                (1)  meets the requirements of Subsection (a); and                (2)  describes different conduct by the defendant.          SECTION 4.04.  Section 3, Article 38.072, Code of Criminal   Procedure, is amended to read as follows:          Sec. 3.  In this article, "person with a disability" has the   same meaning as "disabled individual" as defined by Section 22.04,   Penal Code [means a person 13 years of age or older who because of   age or physical or mental disease, disability, or injury is   substantially unable to protect the person's self from harm or to   provide food, shelter, or medical care for the person's self].          SECTION 4.05.  Section 1, Article 38.37, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  (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)  Section 21.02 (Continuous Sexual Abuse of Young   Child or Disabled Individual);                (2)  Section 21.11 (Indecency with a Child);                (3)  Section 21.15 (Invasive Visual Recording);                (4)  Section 21.16 (Unlawful Disclosure or Promotion of   Intimate Visual Material);                (5)  Section 21.165 (Unlawful Production or   Distribution of Certain Sexually Explicit Videos);                (6)  Section 21.18 (Sexual Coercion);                (7)  Section 21.19 (Unlawful Electronic Transmission   of Sexually Explicit Visual Material);                (8)  [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:]                (9) [(A)]  Section 43.25 (Sexual Performance by a   Child);                (10) [(B)]  Section 20A.02 [20A.02(a)(5), (6), (7), or   (8)] (Trafficking of Persons);                (11) [(C)]  Section 20A.03 (Continuous Trafficking of   Persons)[, if based partly or wholly on conduct that constitutes an   offense under Section 20A.02(a)(5), (6), (7), or (8)]; [or]                (12) [(D)]  Section 43.05 [43.05(a)(2)] (Compelling   Prostitution); or                (13)  if committed against a child younger than 18   years of age:                      (A)  Chapter 21 (Sexual Offenses); or                      (B)  Chapter 22 (Assaultive Offenses).          (b)  Notwithstanding Rules 404 and 405, Texas Rules of   Evidence, evidence of other crimes, wrongs, or acts committed by   the defendant against the [child who is the] victim of the alleged   offense shall be admitted for its bearing on relevant matters,   including:                (1)  the state of mind of the defendant and the victim   [child]; and                (2)  the previous and subsequent relationship between   the defendant and the victim [child].          (c)  If a court admits evidence under this section and on   request by either party, the court shall provide to the jury a   limiting instruction regarding the purposes for which the evidence   may be used. The court shall provide the limiting instruction:                (1)  orally at the time the evidence is admitted; and                (2)  in writing on conclusion of the presentation of   evidence in the case, at the time written instructions are provided   to the jury.          SECTION 4.06.  Section 38.17, Penal Code, is amended to read   as follows:          Sec. 38.17.  FAILURE TO STOP OR REPORT [AGGRAVATED] SEXUAL   OR ASSAULTIVE OFFENSE AGAINST [ASSAULT OF] CHILD. (a) A person[,   other than a person who has a relationship with a child described by   Section 22.04(b),] commits an offense if:                (1)  the actor observes the commission or attempted   commission of an offense [prohibited by Section 21.02 or   22.021(a)(2)(B)] under circumstances in which a reasonable person   would believe that an offense of a sexual or assaultive nature was   being committed or was about to be committed against a [the] child;                (2)  the actor fails to assist the child or immediately   report the commission of the offense to a peace officer or law   enforcement agency; and                (3)  the actor could assist the child or immediately   report the commission of the offense without placing the actor in   danger of suffering serious bodily injury or death.          (b)  An offense under this section is a felony of the third   degree [Class A misdemeanor].          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 4.07.  The change in law made by this article to   Article 12.01, Code of Criminal Procedure, does not apply to the   prosecution of an offense under Section 38.17, Penal Code, if the   prosecution of that offense becomes barred by limitation before   September 1, 2025.  The prosecution of that offense remains barred   as if this article had not taken effect.          SECTION 4.08.  The changes in law made by this article to   Chapter 38, Code of Criminal Procedure, apply to a criminal   proceeding that commences on or after September 1, 2025.  A criminal   proceeding that commences before September 1, 2025, is governed by   the law in effect on the date the proceeding commenced, and the   former law is continued in effect for that purpose.          SECTION 4.09.  The change in law made by this article to   Section 38.17, Penal Code, applies only to an offense committed on   or after September 1, 2025.  An offense committed before September   1, 2025, 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 September 1, 2025, if any element of the offense occurred   before that date.   ARTICLE 5. EFFECTIVE DATE          SECTION 5.01.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1778 was passed by the House on May 6,   2025, by the following vote:  Yeas 148, Nays 1, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 1778 was passed by the Senate on May   16, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor