85R11777 LHC-F     By: Huffman, Nelson S.B. No. 1226       A BILL TO BE ENTITLED   AN ACT   relating to prostitution and trafficking of persons and to certain   criminal and civil consequences of that conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   SECTION 1.  Section 17.46(b), Business & Commerce Code, as   amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of   the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 17.461;                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "lawyer," "licensed,"   "notary," and "notary public," in any written or electronic   material, including an advertisement, a business card, a   letterhead, stationery, a website, or an online video, in reference   to a person who is not an attorney in order to imply that the person   is authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; [or]                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured; or                (33)  owning, operating, maintaining, or advertising a   massage establishment, as defined by Section 455.001, Occupations   Code, that:                      (A)  is not appropriately licensed under Chapter   455, Occupations Code, or is not in compliance with the applicable   licensing and other requirements of that chapter; or                      (B)  is not in compliance with an applicable local   ordinance relating to the licensing or regulation of massage   establishments.   SECTION 2.  Section 125.004, Civil Practice and Remedies   Code, is amended by adding Subsections (a-1), (a-2), and (e) to read   as follows:          (a-1)  Proof in the form of a person's arrest or the   testimony of a law enforcement agent that an activity described by   Section 125.0015(a)(6) or (7) is committed at a place licensed as a   massage establishment under Chapter 455, Occupations Code, or   advertised as offering massage therapy or massage services is prima   facie evidence that the defendant knowingly tolerated the activity.          (a-2)  Proof that an activity described by Section   125.0015(a)(18) is committed at a place maintained by the defendant   is prima facie evidence that the defendant:                (1)  knowingly tolerated the activity; and                (2)  did not make a reasonable attempt to abate the   activity.          (e)  Evidence of a previous suit filed under this chapter   that resulted in a judgment against a landowner with respect to an   activity described by Section 125.0015 at the landowner's property   is admissible in a subsequent suit filed under this chapter to   demonstrate that the landowner:                (1)  knowingly tolerated the activity; and                 (2)  did not make a reasonable attempt to abate the   activity.          SECTION 3.  Section 411.042(b), Government Code, is amended   to read as follows:          (b)  The bureau of identification and records shall:                (1)  procure and file for record photographs, pictures,   descriptions, fingerprints, measurements, and other pertinent   information of all persons arrested for or charged with a criminal   offense or convicted of a criminal offense, regardless of whether   the conviction is probated;                (2)  collect information concerning the number and   nature of offenses reported or known to have been committed in the   state and the legal steps taken in connection with the offenses, and   other information useful in the study of crime and the   administration of justice, including information that enables the   bureau to create a statistical breakdown of:                      (A)  offenses in which family violence was   involved;                      (B)  offenses under Sections 22.011 and 22.021,   Penal Code; and                      (C)  offenses under Sections 20A.02, 43.02(a),   43.02(b), 43.03, and 43.05, Penal Code;                (3)  make ballistic tests of bullets and firearms and   chemical analyses of bloodstains, cloth, materials, and other   substances for law enforcement officers of the state;                (4)  cooperate with identification and crime records   bureaus in other states and the United States Department of   Justice;                (5)  maintain a list of all previous background checks   for applicants for any position regulated under Chapter 1702,   Occupations Code, who have undergone a criminal history background   check under Section 411.119, if the check indicates a Class B   misdemeanor or equivalent offense or a greater offense;                (6)  collect information concerning the number and   nature of protective orders and magistrate's orders of emergency   protection and all other pertinent information about all persons   subject to active orders, including pertinent information about   persons subject to conditions of bond imposed for the protection of   the victim in any family violence, sexual assault or abuse,   stalking, or trafficking case. Information in the law enforcement   information system relating to an active order shall include:                      (A)  the name, sex, race, date of birth, personal   descriptors, address, and county of residence of the person to whom   the order is directed;                      (B)  any known identifying number of the person to   whom the order is directed, including the person's social security   number or driver's license number;                      (C)  the name and county of residence of the   person protected by the order;                      (D)  the residence address and place of employment   or business of the person protected by the order, unless that   information is excluded from the order under Section 85.007, Family   Code, or Article 17.292(e), Code of Criminal Procedure;                      (E)  the child-care facility or school where a   child protected by the order normally resides or which the child   normally attends, unless that information is excluded from the   order under Section 85.007, Family Code, or Article 17.292(e), Code   of Criminal Procedure;                      (F)  the relationship or former relationship   between the person who is protected by the order and the person to   whom the order is directed;                      (G)  the conditions of bond imposed on the person   to whom the order is directed, if any, for the protection of a   victim in any family violence, sexual assault or abuse, stalking,   or trafficking case;                      (H)  any minimum distance the person subject to   the order is required to maintain from the protected places or   persons; and                      (I)  the date the order expires;                (7)  grant access to criminal history record   information in the manner authorized under Subchapter F;                (8)  collect and disseminate information regarding   offenders with mental impairments in compliance with Chapter 614,   Health and Safety Code; and                (9)  record data and maintain a state database for a   computerized criminal history record system and computerized   juvenile justice information system that serves:                      (A)  as the record creation point for criminal   history record information and juvenile justice information   maintained by the state; and                      (B)  as the control terminal for the entry of   records, in accordance with federal law and regulations, federal   executive orders, and federal policy, into the federal database   maintained by the Federal Bureau of Investigation.          SECTION 4.  Section 169.004(c), Health and Safety Code, is   amended to read as follows:          (c)  A first offender prostitution prevention program   established under this chapter shall:                (1)  notify the criminal justice division of the   governor's office before or on implementation of the program; and                (2)  submit to the division an annual report that   concerns [provide information regarding] the performance of the   program and includes:                      (A)  the number of participants in the program;                      (B)  a sample or overview of the curriculum;                      (C)  information regarding the program   administrators;                      (D)  a statement of the program's effectiveness   for the most recent state fiscal year; and                      (E)  any other information requested by the   division [to the division on request].          SECTION 5.  Section 43.03, Penal Code, is amended to read as   follows:          Sec. 43.03.  PROMOTION OF PROSTITUTION. (a) A person   commits an offense if, acting other than as a prostitute receiving   compensation for personally rendered prostitution services, the   actor [he or she] knowingly:                (1)  receives money or other property pursuant to an   agreement to participate in the proceeds of prostitution; [or]                (2)  solicits another to engage in sexual conduct with   another person for compensation; or                (3)  provides a person or premises for prostitution   purposes.          (b)  An offense under this section is a Class A misdemeanor,   except that the offense is:                (1)  a state jail felony if the actor has been   previously convicted of an offense under this section; or                (2)  a felony of the second degree if the actor engages   in conduct described by Subsection (a) [(a)(1) or (2)] involving a   person younger than 18 years of age engaging in prostitution,   regardless of whether the actor knows the age of the person at the   time the actor commits the offense.   SECTION 6.  Chapter 93, Property Code, is amended by adding   Section 93.013 to read as follows:          Sec. 93.013.  CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION   OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision   in a lease to the contrary, a tenant's right of possession   terminates and the landlord has a right to recover possession of the   leased premises if the tenant is using the premises or allowing the   premises to be used for the purposes of prostitution, promotion of   prostitution, aggravated promotion of prostitution, or compelling   prostitution, as prohibited by the Penal Code, or trafficking of   persons as described by Section 20A.02, Penal Code.          (b)  A landlord who reasonably believes a tenant is using the   leased premises or allowing the leased premises to be used for a   purpose described by Subsection (a) may file a forcible detainer   suit under Chapter 24 seeking possession of the premises and unpaid   rent, including rent for any period of occupancy after the tenant's   right of possession terminates.          (c)  Notwithstanding Section 24.005 or 91.001 or any other   law or a provision in the lease to the contrary, the landlord is not   required for purposes of a forcible detainer suit authorized by   this section:                (1)  to give a notice of proposed eviction or a notice   of termination before giving notice to vacate; or                (2)  to give the tenant more than three days' notice to   vacate before filing the suit.          (d)  A pending suit brought by the attorney general or a   district, county, or city attorney under Chapter 125, Civil   Practice and Remedies Code, alleging that a common nuisance is   being maintained on the leased premises with respect to an activity   described by Subsection (a) is prima facie evidence that the   tenant's right of possession has terminated and the landlord has a   right to recover possession of the premises under Subsection (a).           (e)  A final, nonappealable determination by a court under   Chapter 125, Civil Practice and Remedies Code, that a common   nuisance is being maintained on the leased premises with respect to   an activity described by Subsection (a) creates an irrebuttable   presumption that the tenant's right of possession has terminated   and the landlord has a right to recover possession of the premises   under Subsection (a).          SECTION 7.  Section 17.46(b), Business & Commerce Code, as   amended by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act. A cause of action that   accrued before the effective date of this Act is governed by the law   in effect immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 8.  Section 43.03, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act. An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 9.  Section 93.013, Property Code, as added by this   Act, applies only to a lease entered into or renewed on or after the   effective date of this Act. A lease entered into or renewed before   the effective date of this Act is governed by the law applicable to   the lease immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 10.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 11.  This Act takes effect September 1, 2017.