88R3356 EAS/LHC-D     By: Thompson of Harris H.B. No. 3451       A BILL TO BE ENTITLED   AN ACT   relating to human trafficking, including the prosecution and   punishment of compelling and solicitation of prostitution and other   sexual or assaultive offenses; increasing a criminal penalty;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL AND   HUMAN TRAFFICKING PREVENTION TASK FORCE          SECTION 1.01.  Sections 402.034(c), (f), and (g), Government   Code, are 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; [and]                      (D)  the Texas Department of Licensing and   Regulation;                      (E)  the Texas Education Agency; and                      (F)  the Texas Department of Transportation; and                (6)  one representative of any other state agency   appointed by the chief administrative officer of the agency, if the   [human trafficking prevention task force established under Section   402.035 and the] council determines [determine] that a   representative from the state agency is a necessary member of the   council.          (f)  The strategic plan must include:                (1)  an inventory of human trafficking prevention   programs and services in this state that are administered by state   agencies, including an institution [institutions] of higher   education as defined by Section 61.003, Education Code, or a   private college or university that receives state funds [, and   political subdivisions];                (2)  regarding the programs and services described by   Subdivision (1):                      (A)  a report on the number of persons served by   the programs and services; and                      (B)  a plan to coordinate the programs and   services to achieve the following goals:                            (i)  eliminate redundancy;                            (ii)  ensure the agencies' use of best   practices in preventing human trafficking; and                            (iii)  identify and collect data regarding   the efficacy of the programs and services; and                (3)  in relation to the goals for programs and services   as described by Subdivision (2)(B), a plan to coordinate the   expenditure of state funds allocated to prevent human trafficking   in this state, including the expenditure of state funds by the human   trafficking prevention task force established under Section   402.035.          (g)  Not later than December 1 of each even-numbered year,   the council shall submit to the legislature a report detailing the   progress of the strategic plan's implementation.  The report must   include:                (1)  a description of the level of participation in the   strategic plan by each agency represented on the council and how the   implementation of the strategic plan serves to coordinate the   programs and services described by Subsection (f)(1) and achieve   the goals described by Subsection (f)(2)(B); and                (2)  an update of the inventory of programs and   services described by Subsection (f)(1) that further [and how each   program or service furthers] the goals of the strategic plan.          SECTION 1.02.  Section 402.035, Government Code, is amended   by amending Subsections (c), (d), and (f-1) and adding Subsection   (c-1) to read as follows:          (c)  The task force 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 executive commissioner of the Health and Human   Services Commission or the executive commissioner's designee;                (4)  the commissioner of the Department of Family and   Protective Services or the commissioner's designee;                (5)  the commissioner of the Department of State Health   Services or the commissioner's designee;                (6)  the public safety director of the Department of   Public Safety or the director's designee;                (7)  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 Department of Criminal Justice;                      (C)  the Texas Juvenile Justice Department;                      (D)  the Texas Education Agency;                      (E)  the Texas Alcoholic Beverage Commission;                      (F)  the Parks and Wildlife Department;                      (G)  the Supreme Court of Texas Permanent Judicial   Commission for Children, Youth and Families;                      (H)  the Texas Department of Licensing and   Regulation;                      (I)  the Office of Court Administration of the   Texas Judicial System;                      (J)  the office of the secretary of state; [and]                      (K)  the Texas Commission on Law Enforcement; and                      (L)  the Texas Department of Transportation; and                (8)  as appointed by the attorney general:                      (A)  a chief public defender employed by a public   defender's office, as defined by Article 26.044(a), Code of   Criminal Procedure, or an attorney designated by the chief public   defender;                      (B)  an attorney representing the state;                      (C)  a representative of:                            (i)  a hotel and motel association;                            (ii)  a district and county attorneys   association;                            (iii)  a state police association; and                            (iv)  a statewide medical association;                      (D)  a representative [representatives] of a    sheriff's department [departments];                      (E)  a representative [representatives] of a   local law enforcement agency [agencies] affected by human   trafficking; [and]                      (F)  a representative [representatives] of a   nongovernmental entity [entities] making comprehensive efforts to   combat human trafficking by:                            (i)  identifying human trafficking victims;                            (ii)  providing legal or other services to   human trafficking victims;                            (iii)  participating in community outreach   or public awareness efforts regarding human trafficking;                            (iv)  providing or developing training   regarding the prevention of human trafficking; and [or]                            (v)  engaging in other activities designed   to prevent human trafficking; and                      (G)  representatives of regional human   trafficking task forces or coalitions.          (c-1)  The attorney general shall annually evaluate the   input and participation of members appointed under Subsection   (c)(8) and, if necessary, appoint new members who will collaborate   and contribute to the task force.          (d)  The task force shall:                (1)  collaborate, as needed to fulfill the duties of   the task force, with:                      (A)  United States attorneys' offices for all of   the federal districts of Texas; and                      (B)  special agents or customs and border   protection officers and border patrol agents of:                            (i)  the Federal Bureau of Investigation;                            (ii)  the United States Drug Enforcement   Administration;                            (iii)  the Bureau of Alcohol, Tobacco,   Firearms and Explosives;                            (iv)  United States Immigration and Customs   Enforcement; or                            (v)  the United States Department of   Homeland Security;                (2)  collect, organize, and periodically publish   statistical data on the nature and extent of human trafficking in   this state, including:                      (A)  the number of investigations concerning,   arrests and prosecutions for, and convictions of:                            (i)  the offense of trafficking of persons;                            (ii)  the offense of forgery or an offense   under Chapter 43, Penal Code, if the offense was committed as part   of a criminal episode involving the trafficking of persons; and                            (iii)  an offense punishable as a felony of   the second degree under Section 43.021, Penal Code, regardless of   whether the offense was committed as part of a criminal episode   involving the trafficking of persons;                      (B)  demographic information on persons who are   convicted of offenses described by Paragraph (A) and persons who   are the victims of those offenses;                      (C)  geographic routes by which human trafficking   victims are trafficked, including routes by which victims are   trafficked across this state's international border, and   geographic patterns in human trafficking, including the country or   state of origin and the country or state of destination;                      (D)  means of transportation and methods used by   persons who engage in trafficking to transport their victims; and                      (E)  social and economic factors that create a   demand for the labor or services that victims of human trafficking   are forced to provide [data described by Subdivisions (4)(A), (B),   (C), (D), and (E)];                (3)  solicit cooperation and assistance from state and   local governmental agencies, political subdivisions of the state,   nongovernmental organizations, and other persons, as appropriate,   for the purpose of collecting and organizing statistical data under   Subdivision (2);                (4)  [ensure that each state or local governmental   agency and political subdivision of the state and each state or   local law enforcement agency, district attorney, or county attorney   that assists in the prevention of human trafficking collects   statistical data related to human trafficking, including, as   appropriate:                      [(A)  the number of investigations concerning,   arrests and prosecutions for, and convictions of:                            [(i)  the offense of trafficking of persons;                            [(ii)  the offense of forgery or an offense   under Chapter 43, Penal Code, if the offense was committed as part   of a criminal episode involving the trafficking of persons; and                            [(iii)  an offense punishable as a felony of   the second degree under Section 43.021, Penal Code, regardless of   whether the offense was committed as part of a criminal episode   involving the trafficking of persons;                      [(B)  demographic information on persons who are   convicted of offenses described by Paragraph (A) and persons who   are the victims of those offenses;                      [(C)  geographic routes by which human   trafficking victims are trafficked, including routes by which   victims are trafficked across this state's international border,   and geographic patterns in human trafficking, including the country   or state of origin and the country or state of destination;                      [(D)  means of transportation and methods used by   persons who engage in trafficking to transport their victims; and                      [(E)  social and economic factors that create a   demand for the labor or services that victims of human trafficking   are forced to provide;]                [(5)]  work with the Texas Commission on Law   Enforcement to develop and conduct training for law enforcement   personnel, victim service providers, and medical service providers   to identify victims of human trafficking;                (5) [(6)]  work with the Texas Education Agency, the   Department of Family and Protective Services, and the Health and   Human Services Commission to:                      (A)  develop a list of key indicators that a   person is a victim of human trafficking;                      (B)  develop a standardized curriculum for   training doctors, nurses, emergency medical services personnel,   teachers, school counselors, school administrators, and personnel   from the Department of Family and Protective Services and the   Health and Human Services Commission to identify and assist victims   of human trafficking;                      (C)  train doctors, nurses, emergency medical   services personnel, teachers, school counselors, school   administrators, and personnel from the Department of Family and   Protective Services and the Health and Human Services Commission to   identify and assist victims of human trafficking;                      (D)  develop and conduct training for personnel   from the Department of Family and Protective Services and the   Health and Human Services Commission on methods for identifying   children in foster care who may be at risk of becoming victims of   human trafficking; and                      (E)  develop a process for referring identified   human trafficking victims and individuals at risk of becoming   victims to appropriate entities for services;                (6) [(7)]  on the request of a judge of a county court,   county court at law, or district court or a county attorney,   district attorney, or criminal district attorney, assist and train   the judge or the judge's staff or the attorney or the attorney's   staff in the recognition and prevention of human trafficking;                (7) [(8)]  examine training protocols related to human   trafficking issues, as developed and implemented by federal, state,   and local law enforcement agencies;                (8) [(9)]  collaborate with state and local   governmental agencies, political subdivisions of the state, and   nongovernmental organizations to implement a media awareness   campaign in communities affected by human trafficking;                (9) [(10)]  develop recommendations on how to   strengthen state and local efforts to prevent human trafficking,   protect and assist human trafficking victims, curb markets and   other economic avenues that facilitate human trafficking and   investigate and prosecute human trafficking offenders;                (10) [(11)]  examine:                      (A)  the extent to which human trafficking is   associated with the operation of:                            (i)  sexually oriented businesses, as   defined by Section 243.002, Local Government Code; [,] and                            (ii)  massage establishments permitting   conduct described by Section 455.202(b)(4), Occupations Code; and                      (B)  the workplace or public health concerns that   are created by the association of human trafficking and the   operation of sexually oriented businesses and massage   establishments described by Paragraph (A);                (11) [(12)]  develop recommendations for addressing   the demand for forced labor or services or sexual conduct involving   victims of human trafficking, including recommendations for   increased penalties for individuals who engage or attempt to engage   in solicitation of prostitution with victims younger than 18 years   of age; and                (12) [(13)]  identify and report to the governor and   legislature on laws, licensure requirements, or other regulations   that can be passed at the state and local level to curb trafficking   using the Internet and in sexually oriented businesses and massage   establishments.          (f-1)  The following state agencies shall designate an   individual who is authorized to coordinate the agency's resources   to strengthen state and local efforts to prevent human trafficking,   protect and assist human trafficking victims, and investigate and   prosecute human trafficking offenders:                (1)  the Texas Alcoholic Beverage Commission;                (2)  the Department of Family and Protective Services;                (3)  the Department of Public Safety;                (4)  the Department of State Health Services;                (5)  the Health and Human Services Commission;                (6)  the Texas Juvenile Justice Department;                (7)  the Texas Education Agency;                 (8)  the Texas Department of Transportation;                 (9)  the office of the attorney general; and                (10) [(8)]  the office of the governor.          SECTION 1.03.  As soon as practicable after the effective   date of this Act, the Texas Education Agency and the Texas   Department of Transportation, as applicable, shall appoint   representatives and designate individuals as required by Sections   402.034(c) and 402.035(c) and (f-1), Government Code, as amended by   this article.   ARTICLE 2.  TRAFFICKING OF PERSONS, SOLICITATION OF PROSTITUTION,   AND COMPELLING PROSTITUTION          SECTION 2.01.  Section 20A.01, Penal Code, is amended by   adding Subdivision (1-b) to read as follows:                (1-b) "Disabled individual" has the meaning assigned by   Section 22.021(b).           SECTION 2.02.  Sections 20A.02(a) and (b), Penal Code, are   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;                (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 or disabled individual 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).          (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;                (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;                      (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; or                      (C)  recruited, enticed, or obtained the   trafficked person [victim of the offense] from a shelter or   facility operating as a residential treatment center that serves   runaway youth, foster children, the homeless, or persons subjected   to human trafficking, domestic violence, or sexual assault.          SECTION 2.03.  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 to   [with] whom the actor offers or agrees to pay the fee for the   purpose of engaging [to engage] in sexual conduct is:                      (A)  younger than 18 years of age, regardless of   whether the actor knows the age of the person at the time of the   offense;                      (B)  represented to the actor as being younger   than 18 years of age; or                      (C)  believed by the actor to be younger than 18   years of age.          SECTION 2.04.  Section 43.02(c-2), Penal Code, as added by   Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th   Legislature, Regular Session, 2021, is transferred to Section   43.021, Penal Code, redesignated as Section 43.021(b-1), Penal   Code, and amended to read as follows:          (b-1) [(c-2)]  The punishment prescribed for an offense   under Subsection (a) [(b)] is increased to the punishment   prescribed for the next highest category of offense if it is shown   on the trial of the offense that the actor committed the offense in   a location that was:                (1)  on the premises of or within 1,000 feet of the   premises of a school; or                (2)  on premises or within 1,000 feet of premises   where:                      (A)  an official school function was taking place;   or                      (B)  an event sponsored or sanctioned by the   University Interscholastic League was taking place.          SECTION 2.05.  Section 43.05(a), Penal Code, is 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 commit prostitution, regardless of whether the actor knows the   age of the child at the time of the offense; or                (3)  causes by any means a disabled individual, as   defined by Section 22.021(b), to commit prostitution, regardless of   whether the actor knows the individual is disabled at the time of   the offense.          SECTION 2.06.  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 disabled individual);                (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 or disabled individual 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) or (3), Penal Code (compelling   prostitution by a child or disabled individual); or                (6)  Section 21.11, Penal Code (indecency with a   child).          SECTION 2.07.  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   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 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 prostitution under Section   43.05(a)(2) or (3), 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)  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; 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 a child [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)  ten years from the date the offense was   discovered: trafficking of a disabled individual under Section   20A.02(a)(5) or (6), Penal Code;                (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                (9) [(8)]  three years from the date of the commission   of the offense:  all other felonies.          SECTION 2.08.  Section 2(a), Article 38.37, Code of Criminal   Procedure, is amended to read as follows:          (a)  Subsection (b) applies only to the trial of a defendant   for:                (1)  an offense under any of the following provisions   of the Penal Code:                      (A)  Section 20A.02, if punishable as a felony of   the first degree under Section 20A.02(b)(1) (Labor or Sex   Trafficking of a Child or Disabled Individual);                      (B)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Disabled Individual);                      (C)  Section 21.11 (Indecency With a Child);                      (D)  Section 22.011(a)(2) (Sexual Assault of a   Child);                      (E)  Sections 22.021(a)(1)(B) and (2) (Aggravated   Sexual Assault of a Child);                      (F)  Section 33.021 (Online Solicitation of a   Minor);                      (G)  Section 43.25 (Sexual Performance by a   Child); or                      (H)  Section 43.26 (Possession or Promotion of   Child Pornography), Penal Code; or                (2)  an attempt or conspiracy to commit an offense   described by Subdivision (1).          SECTION 2.09.  Article 62.101(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  Except as provided by Subsection (b) and Subchapter I,   the duty to register for a person ends when the person dies if the   person has a reportable conviction or adjudication, other than an   adjudication of delinquent conduct, for:                (1)  a sexually violent offense;                (2)  an offense under Section 20A.02(a)(3), (4), (7),   or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;                (3)  an offense under Section 20A.03, Penal Code, if   based partly or wholly on conduct that constitutes an offense under   Section 20A.02(a)(3), (4), (7), or (8) of that code;                (4)  an offense under Section 21.11(a)(2), Penal Code,   if before or after the person is convicted or adjudicated for the   offense under Section 21.11(a)(2), Penal Code, the person receives   or has received another reportable conviction or adjudication,   other than an adjudication of delinquent conduct, for an offense or   conduct that requires registration under this chapter;                (5)  an offense under Section 20.02, 20.03, or 20.04,   Penal Code, if:                      (A)  the judgment in the case contains an   affirmative finding under Article 42.015 or, for a deferred   adjudication, the papers in the case contain an affirmative finding   that the victim or intended victim was younger than 17 years of age;   and                      (B)  before or after the person is convicted or   adjudicated for the offense under Section 20.02, 20.03, or 20.04,   Penal Code, the person receives or has received another reportable   conviction or adjudication, other than an adjudication of   delinquent conduct, for an offense or conduct that requires   registration under this chapter; or                (6)  an offense under Section 43.23, Penal Code, that   is punishable under Subsection (h) of that section.          SECTION 2.10.  Section 772.0062(a)(1), Government Code, is   amended to read as follows:                (1)  "Child sex trafficking" means conduct   constituting an offense [prohibited] under Section 20A.02(a)(7) or   (8), Penal Code, that is committed against a child.          SECTION 2.11.  The change in law made by this article applies   only to an offense committed on or after the effective date of this   Act. An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 2.12.  To the extent of any conflict, this article   prevails over another Act of the 88th Legislature, Regular Session,   2023, relating to nonsubstantive additions to and corrections in   enacted codes.   ARTICLE 3.  ADMISSIBILITY OF CERTAIN HEARSAY STATEMENTS AND   EXTRANEOUS OFFENSES OR ACTS          SECTION 3.01.  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 18 [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) or (3) (Compelling   Prostitution);                (5)  Section 20A.02(a)(5), (6), (7), [20A.02(a)(7)] or   (8) (Trafficking of Persons); [or]                (6)  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                (7)  Section 15.01 (Criminal Attempt), if the offense   attempted is described by Subdivision (1), (2), (3), (4), [or] (5),   or (6) of this section.          SECTION 3.02.  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)(5), (6), (7),    [20A.02(a)(7)] or (8) (Trafficking of Persons); [or]                      (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                      (D)  Section 43.05(a)(2) (Compelling   Prostitution).          SECTION 3.03.  The change in law made by this article applies   to the admissibility of evidence in a criminal proceeding that   commences on or after the effective date of this Act. The   admissibility of evidence in a criminal proceeding that commences   before the effective date of this Act is governed by the law in   effect on the date the proceeding commenced, and the former law is   continued in effect for that purpose.   ARTICLE 4.  REQUIRED REPORTING CONCERNING INVESTIGATIONS OF HUMAN   TRAFFICKING OFFENSES          SECTION 4.01.  Article 2.305, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.305.  REPORT REQUIRED CONCERNING HUMAN TRAFFICKING   CASES. (a) This 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; and                (2)  the Department of Public Safety.          (b)  An entity described by Subsection (a) that investigates   the alleged commission of an offense under Chapter 20A, Penal Code,   or the alleged commission of an offense under Chapter 43, Penal   Code, which 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, including the   offense code designated by the Department of Public Safety under   Article 66.052 [a brief description of the alleged prohibited   conduct];                (2)  regarding each person suspected of committing the   offense [and each victim of the offense]:                      (A)  the person's:                            (i)  full name [age];                            (ii)  gender; [and]                            (iii)  race or ethnicity, as defined by   Article 2.132; [and]                            (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 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;                            (ii)  gender;                            (iii)  race or ethnicity, as defined by   Article 2.132; 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   article during a period specified by the attorney general 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,   which 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].          (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 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 not subject to disclosure under Chapter 552,   Government Code.          (f)  In consultation with the entities described by   Subsection (a), the attorney general shall adopt rules to   administer this 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).          SECTION 4.02.  As soon as practicable after the effective   date of this Act, the attorney general shall update forms and   procedures as necessary to implement Article 2.305, Code of   Criminal Procedure, as amended by this article.   ARTICLE 5.  DRIVER'S LICENSES AND PERSONAL IDENTIFICATION   CERTIFICATES ISSUED TO CERTAIN SEX OFFENDERS          SECTION 5.01.  Article 42.016, Code of Criminal Procedure,   is amended to read as follows:          Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION   REQUIREMENTS FOR CERTAIN SEX OFFENDERS.  If a person is convicted   of, receives a grant of deferred adjudication for, or is   adjudicated as having engaged in delinquent conduct based on a   violation of an offense for which a conviction or adjudication   requires registration as a sex offender under Chapter 62, the court   shall:                (1)  issue an order requiring the Texas Department of   Public Safety to include in any driver's license record or personal   identification certificate record maintained by the department for   the person:                      (A)  an indication that the person is subject to   the registration requirements of Chapter 62; and                      (B)  if applicable, an indication that the person   is subject to registration because the person was convicted of an   offense involving human trafficking under Chapter 20A, Penal Code;                (2)  require the person to apply to the Texas   Department of Public Safety in person for an original or renewal   driver's license or personal identification certificate not later   than the 30th day after the date the person is released or the date   the department sends written notice to the person of the   requirements of Article 62.060, as applicable, and to annually   renew the license or certificate;                (3)  notify the person of the consequence of the   conviction or order of deferred adjudication as it relates to the   order issued under this article; and                (4)  send to the Texas Department of Public Safety a   copy of the record of conviction, a copy of the order granting   deferred adjudication, or a copy of the juvenile adjudication, as   applicable, and a copy of the order issued under this article.          SECTION 5.02.  Section 521.057(a), Transportation Code, is   amended to read as follows:          (a)  On receipt of a court order issued under Article 42.016,   Code of Criminal Procedure, the department shall ensure that any   driver's license record or personal identification certificate   record maintained by the department for the person includes an   indication that the person:                (1)  is subject to the registration requirements of   Chapter 62, Code of Criminal Procedure; and                (2)  if applicable, is subject to registration because   the person was convicted of an offense involving human trafficking   under Chapter 20A, Penal Code.          SECTION 5.03.  The changes in law made by this article apply   only to a driver's license or personal identification certificate   issued or renewed on or after the effective date of this Act.  A   driver's license or personal identification certificate issued or   renewed before the effective date of this Act is governed by the law   in effect when the license or certificate was issued or renewed, and   the former law is continued in effect for that purpose.   ARTICLE 6.  CHILD GROOMING AND POSSESSION OF CHILD PORNOGRAPHY          SECTION 6.01.  Chapter 15, Penal Code, is amended by adding   Section 15.032 to read as follows:          Sec. 15.032.  CHILD GROOMING. (a) A person commits an   offense if, with the intent that an offense under Chapter 43 or an   offense involving sexual activity, the occurrence of which would   subject the actor to criminal liability under Chapter 20A, 21, or   22, be committed, the person knowingly persuades, induces, entices,   or coerces, or attempts to persuade, induce, entice, or coerce, a   child younger than 18 years of age to engage in specific conduct   that, under the circumstances surrounding the actor's conduct as   the actor believes them to be, would:                (1)  constitute an offense under Chapter 43 or an   offense involving sexual activity the occurrence of which would   subject the actor to criminal liability under Chapter 20A, 21, or   22; or                (2)  make the child a party to the commission of an   offense described by Subdivision (1).          (b)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   the actor has previously been convicted of an offense under:                (1)  Chapter 20A, if the offense involved conduct   described by Section 20A.02(a)(7) or (8);                (2)  Section 21.02;                (3)  Section 21.11;                (4)  Section 22.011, if the victim of the offense was a   child under 18 years of age; or                (5)  Section 22.021, if the victim of the offense was a   child under 18 years of age.          (c)  It is an affirmative defense to prosecution under this   section that the actor is under the age of 18 and:                (1)  the actor engaged in conduct described by   Subsection (a) with respect to another child under the age of 18:                      (A)  who is not more than three years older or   younger than the actor and with whom the actor had a dating   relationship at the time of the offense; or                      (B)  who was the spouse of the actor at the time of   the offense; and                (2)  the conduct occurred only between the actor and   the other child described by Subdivision (1).          (d)  If conduct constituting an offense under this section   also constitutes an offense under another section of this code, the   actor may be prosecuted under either section but not both sections.          SECTION 6.02.  Section 43.26, Penal Code, is amended by   amending Subsections (c) and (d) and adding Subsections (d-1) and   (d-2) to read as follows:          (c)  The affirmative defenses provided by Sections   43.25(f)(2) and (3) [Section 43.25(f)] also apply to a prosecution   under this section.          (d)  An offense under Subsection (a) is a felony of the third   degree, except that the offense is:                (1)  a felony of the second degree if:                      (A)  it is shown on the trial of the offense that   the person has been previously convicted one time of an offense   under that subsection; or                      (B)  the person possesses visual material that   contains 10 or more visual depictions of a child as described by   Subsection (a)(1) but fewer than 50 such depictions; and                (2)  a felony of the first degree if:                      (A)  it is shown on the trial of the offense that   the person has been previously convicted two or more times of an   offense under that subsection; or                      (B)  the person possesses visual material that   contains:                            (i)  50 or more visual depictions of a child   as described by Subsection (a)(1); or                            (ii)  a videotape or film that visually   depicts conduct constituting an offense under Section   22.011(a)(2).          (d-1)  If it is shown on the trial of an offense under   Subsection (a) that the person engaged in conduct that constituted   an offense under Subsection (e) during the same criminal episode:                (1)  an offense described for purposes of punishment by   Subsection (d)(1) is a felony of the first degree; or                (2)  the minimum term of confinement for an offense   described for purposes of punishment by Subsection (d)(2) is   increased to 15 years.          (d-2)  The enhancement provided by Subsection (d-1) is   unavailable if the person is also prosecuted under Subsection (e)   for conduct occurring during the same criminal episode.          SECTION 6.03.  Section 43.26(f), Penal Code, is repealed.          SECTION 6.04.  The change in law made by this article applies   only to an offense committed on or after the effective date of this   Act.  An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.   ARTICLE 7.  EFFECTIVE DATE          SECTION 7.01.  This Act takes effect September 1, 2023.