H.B. No. 1540         AN ACT   relating to regulation of certain facilities and establishments   with respect to, civil remedies for certain criminal activities   affecting, and certain criminal offenses involving health, safety,   and welfare; creating a criminal offense; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.44(b), Alcoholic Beverage Code, is   amended to read as follows:          (b)  The commission shall deny an application for a permit or   license for any location of an applicant who submitted a prior   application that expired or was voluntarily surrendered before the   hearing on the application was held on a protest involving   allegations of prostitution, a shooting, stabbing, or other violent   act, or an offense involving drugs, [or] trafficking of persons, or   drink solicitation as described by Section 104.01 before the third   anniversary of the date the prior application expired or was   voluntarily surrendered.          SECTION 2.  Section 11.46(c), Alcoholic Beverage Code, is   amended to read as follows:          (c)  The commission shall deny for a period of one year after   cancellation an application for a mixed beverage permit or private   club registration permit for a premises where a license or permit   has been canceled during the preceding 12 months as a result of:                (1)  a shooting, stabbing, or other violent act;[,] or                (2)  [as a result of] an offense involving drugs,   prostitution, [or] trafficking of persons, or drink solicitation as   described by Section 104.01.          SECTION 3.  Section 61.42(c), Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          (c)  The commission shall deny for a period of one year an   application for a retail dealer's on-premise license or a wine and   malt beverage retailer's permit for a premises where a license or   permit has been canceled during the preceding 12 months as a result   of:                (1)  a shooting, stabbing, or other violent act; [,] or                (2)  [as a result of] an offense involving drugs,   prostitution, [or] trafficking of persons, or drink solicitation as   described by Section 104.01.          SECTION 4.  Chapter 98, Civil Practice and Remedies Code, is   amended by adding Section 98.007 to read as follows:          Sec. 98.007.  CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a)     In this section, "confidential identity" means:                (1)  the use of a pseudonym; and                (2)  the absence of any other identifying information,   including address, telephone number, and social security number.          (b)  Except as otherwise provided by this section, in an   action under this chapter, the court shall:                (1)  make it known to the claimant as early as possible   in the proceedings of the action that the claimant may use a   confidential identity in relation to the action;                (2)  allow a claimant to use a confidential identity in   all petitions, filings, and other documents presented to the court;                (3)  use the confidential identity in all of the court's   proceedings and records relating to the action, including any   appellate proceedings; and                (4)  maintain the records relating to the action in a   manner that protects the confidentiality of the claimant.          (c)  In an action under this chapter, only the following   persons are entitled to know the true identifying information about   the claimant:                (1)  the judge;                (2)  a party to the action;                (3)  the attorney representing a party to the action;   and                (4)  a person authorized by a written order of a court   specific to that person.          (d)  The court shall order that a person entitled to know the   true identifying information under Subsection (c) may not divulge   that information to anyone without a written order of the court.  A   court shall hold a person who violates the order in contempt.          (e)  Notwithstanding Section 22.004, Government Code, the   supreme court may not amend or adopt rules in conflict with this   section.          (f)  A claimant is not required to use a confidential   identity as provided by this section.          SECTION 5.  Section 125.0017, Civil Practice and Remedies   Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th   Legislature, Regular Session, 2017, is amended to read as follows:          Sec. 125.0017.  NOTICE BY LAW ENFORCEMENT OF [ARREST FOR]   CERTAIN ACTIVITIES. If a law enforcement agency has reason to   believe [makes an arrest related to] an activity described by   Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at   property leased to a person operating a massage establishment as   defined by Section 455.001, Occupations Code, [not later than the   seventh day after the date of the arrest,] the law enforcement   agency may [shall] provide written notice by certified mail to each   person maintaining the property of the alleged activity [arrest].          SECTION 6.  Section 125.0025(b), Civil Practice and Remedies   Code, is amended to read as follows:          (b)  Except as provided by Section 125.005 [125.003(d)], on a   finding that a web address or computer network is a common nuisance,   the sole remedy available is a judicial finding issued to the   attorney general.          SECTION 7.  Sections 125.004(a-1) and (a-2), Civil Practice   and Remedies Code, are amended to read as follows:          (a-1)  Proof in the form of a person's arrest or the   testimony of a law enforcement agent that an activity described by   Section 125.0015(a)(6) or (7) is committed at a place licensed as a   massage establishment under Chapter 455, Occupations Code, or   advertised as offering massage therapy or massage services, after   notice [of an arrest] was provided to the defendant in accordance   with Section 125.0017, is prima facie evidence that the defendant:                (1)  knowingly tolerated the activity; and                (2)  did not make a reasonable attempt to abate the   activity.          (a-2)  Proof that an activity described by Section   125.0015(a)(18) is committed at a place maintained by the   defendant, after notice [of an arrest] was provided to the   defendant in accordance with Section 125.0017, is prima facie   evidence that the defendant:                (1)  knowingly tolerated the activity; and                (2)  did not make a reasonable attempt to abate the   activity.          SECTION 8.  Section 125.004(a-3), Civil Practice and   Remedies Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th   Legislature, Regular Session, 2017, is amended to read as follows:          (a-3)  For purposes of Subsections (a-1) and (a-2), notice is   considered to be provided to the defendant the earlier of:                (1)  seven days after the postmark date of the notice   provided under Section 125.0017; or                (2)  the date the defendant actually received notice   under Section 125.0017.          SECTION 9.  Subchapter A, Chapter 125, Civil Practice and   Remedies Code, is amended by adding Section 125.005 to read as   follows:          Sec. 125.005.  ATTORNEY'S FEES AND COSTS IN ACTION UNDER   CHAPTER. In an action brought under this chapter, the court may   award a prevailing party reasonable attorney's fees in addition to   costs incurred in bringing the action. In determining the amount of   attorney's fees, the court shall consider:                (1)  the time and labor involved;                (2)  the novelty and difficulty of the questions;                (3)  the expertise, reputation, and ability of the   attorney; and                (4)  any other factor considered relevant by the court.          SECTION 10.  Section 125.070(d), Civil Practice and Remedies   Code, is amended to read as follows:          (d)  A district, county, or city attorney or the attorney   general may sue for money damages on behalf of the state or a   governmental entity. If the state or a governmental entity   prevails in a suit under this section, the state or governmental   entity may recover:                (1)  actual damages;                (2)  a civil penalty in an amount not to exceed $20,000   for each violation; and                (3)  court costs and attorney's fees in accordance with   Section 125.005.          SECTION 11.  Section 140A.002, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 140A.002.  CIVIL RACKETEERING. A person or enterprise   commits racketeering if, for financial gain, the person or   enterprise commits an offense under Chapter 20A, Penal Code   (trafficking of persons)[, and the offense or an element of the   offense:                [(1)  occurs in more than one county in this state; or                [(2)  is facilitated by the use of United States mail,   e-mail, telephone, facsimile, or a wireless communication from one   county in this state to another].          SECTION 12.  Section 140A.102(b), Civil Practice and   Remedies Code, is amended to read as follows:          (b)  Following a final determination of liability under this   chapter, the court may issue an appropriate order, including an   order that:                (1)  requires a person to divest any direct or indirect   interest in an enterprise;                (2)  imposes reasonable restrictions on the future   activities or investments of a person that affect the laws of this   state, including prohibiting a person from engaging in the type of   endeavor or enterprise that gave rise to the racketeering offense,   to the extent permitted by the constitutions of this state and the   United States;                (3)  requires the dissolution or reorganization of an   enterprise involved in the suit;                (4)  orders the recovery of reasonable fees, expenses,   and costs incurred in obtaining injunctive relief or civil remedies   or in conducting investigations under this chapter, including court   costs, investigation costs, attorney's fees, witness fees, and   deposition fees;                (5)  orders payment to the state of an amount equal to:                      (A)  the gain acquired or maintained through   racketeering; or                      (B)  the amount for which a person is liable under   this chapter;                (6)  orders payment to the state of a civil penalty by a   person or enterprise found liable for racketeering, in an amount   not to exceed $250,000 for each separately alleged and proven act of   racketeering;                (7)  orders payment of damages to the state for   racketeering shown to have materially damaged the state; and [or]                (8)  orders that property attached under Chapter 61 be   used to satisfy an award of the court, including damages,   penalties, costs, and fees.          SECTION 13.  Section 140A.104(d), Civil Practice and   Remedies Code, is amended to read as follows:          (d)  An enterprise may not be held liable under this chapter   based on the conduct of a person [an agent] unless the finder of   fact finds by a preponderance of the evidence that a director or   high managerial agent performed, authorized, requested, commanded,   participated in, ratified, or recklessly tolerated the unlawful   conduct of the person [agent].          SECTION 14.  Articles 42A.453(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  In this article, "playground," "premises," "school,"   "video arcade facility," and "youth center" have the meanings   assigned by Section 481.134, Health and Safety Code, and "general   residential operation" has the meaning assigned by Section 42.002,   Human Resources Code.          (c)  If a judge grants community supervision to a defendant   described by Subsection (b) and the judge determines that a child as   defined by Section 22.011(c), Penal Code, was the victim of the   offense, the judge shall establish a child safety zone applicable   to the defendant by requiring as a condition of community   supervision that the defendant:                (1)  not:                      (A)  supervise or participate in any program that:                            (i)  includes as participants or recipients   persons who are 17 years of age or younger; and                            (ii)  regularly provides athletic, civic, or   cultural activities; or                      (B)  go in, on, or within 1,000 feet of a premises   where children commonly gather, including a school, day-care   facility, playground, public or private youth center, public   swimming pool, [or] video arcade facility, or general residential   operation operating as a residential treatment center; and                (2)  attend psychological counseling sessions for sex   offenders with an individual or organization that provides sex   offender treatment or counseling as specified or approved by the   judge or the defendant's supervision officer.          SECTION 15.  Subchapter B, Chapter 301, Government Code, is   amended by adding Section 301.0221 to read as follows:          Sec. 301.0221.  USE OF PSEUDONYM BY VICTIMS OF HUMAN   TRAFFICKING. (a)  Each legislative committee shall allow a witness   who is the victim of an offense under Section 20A.02 or 20A.03,   Penal Code, to give testimony to the committee relating to the   witness's experience as a victim of trafficking of persons using a   pseudonym instead of the witness's name.          (b)  The name of a witness who uses a pseudonym authorized by   Subsection (a) is confidential and may not be included in any public   records of the committee.          SECTION 16.  Section 481.134(a), Health and Safety Code, is   amended by adding Subdivision (8) to read as follows:                (8)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.          SECTION 17.  Sections 481.134(b), (c), (d), (e), and (f),   Health and Safety Code, are amended to read as follows:          (b)  An offense otherwise punishable as a state jail felony   under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is   punishable as a felony of the third degree, and an offense otherwise   punishable as a felony of the second degree under any of those   sections is punishable as a felony of the first degree, if it is   shown at the punishment phase of the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of premises owned,   rented, or leased by an institution of higher learning, the   premises of a public or private youth center, or a playground; [or]                (2)  in, on, or within 300 feet of the premises of a   public swimming pool or video arcade facility; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (c)  The minimum term of confinement or imprisonment for an   offense otherwise punishable under Section 481.112(c), (d), (e), or   (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),   481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),   or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),   481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),   (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five   years and the maximum fine for the offense is doubled if it is shown   on the trial of the offense that the offense was committed:                (1)  in, on, or within 1,000 feet of the premises of a   school, the premises of a public or private youth center, or a   playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (d)  An offense otherwise punishable under Section   481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),   481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or   481.121(b)(3) is a felony of the third degree if it is shown on the   trial of the offense that the offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (e)  An offense otherwise punishable under Section   481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state   jail felony if it is shown on the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (f)  An offense otherwise punishable under Section   481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class   A misdemeanor if it is shown on the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          SECTION 18.  Section 42.002, Human Resources Code, is   amended by adding Subdivision (25) to read as follows:                (25)  "Grounds" means, with regard to property, the   real property, whether fenced or unfenced, of the parcel of land on   which is located any appurtenant building, structure, or other   improvement, including a public or private driveway, street,   sidewalk or walkway, parking lot, and parking garage on the   property.          SECTION 19.  Sections 42.042(e), (g), and (g-2), Human   Resources Code, are amended to read as follows:          (e)  The executive commissioner shall promulgate minimum   standards that apply to licensed child-care facilities and to   registered family homes covered by this chapter and that will:                (1)  promote the health, safety, and welfare of   children attending a facility or registered family home;                (2)  promote safe, comfortable, and healthy physical   facilities and registered family homes for children;                (3)  ensure adequate supervision of children by   capable, qualified, and healthy personnel;                (4)  ensure adequate and healthy food service where   food service is offered;                (5)  prohibit racial discrimination by child-care   facilities and registered family homes;                (6)  require procedures for parental and guardian   consultation in the formulation of children's educational and   therapeutic programs;                (7)  prevent the breakdown of foster care and adoptive   placement; [and]                (8)  ensure that a child-care facility or registered   family home:                      (A)  follows the directions of a child's physician   or other health care provider in providing specialized medical   assistance required by the child; and                      (B)  maintains for a reasonable time a copy of any   directions from the physician or provider that the parent provides   to the facility or home; and                (9)  ensure that a child's health, safety, and welfare   are adequately protected on the grounds of a child-care facility or   registered family home.          (g)  In promulgating minimum standards the executive   commissioner may recognize and treat differently the types of   services provided by and the grounds appurtenant to the following:                (1)  listed family homes;                (2)  registered family homes;                (3)  child-care facilities, including general   residential operations, cottage home operations, specialized   child-care homes, group day-care homes, and day-care centers;                (4)  child-placing agencies;                (5)  agency foster homes;                (6)  continuum-of-care residential operations;                (7)  before-school or after-school programs; and                (8)  school-age programs.          (g-2)  The executive commissioner by rule shall adopt   minimum standards that apply to general residential operations that   provide comprehensive residential and nonresidential services to   persons who are victims of trafficking under Section 20A.02, Penal   Code. In adopting the minimum standards under this subsection, the   executive commissioner shall consider:                (1)  the special circumstances, [and] needs, and   precautions required of victims of trafficking of persons; [and]                (2)  the role of the general residential operations in   assisting, [and] supporting, and protecting victims of trafficking   of persons; and                (3)  the vulnerability of victims of trafficking of   persons on the grounds of a general residential operation operating   as a residential treatment center.          SECTION 20.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.068 to read as follows:          Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE;   CRIMINAL PENALTY. (a)  Each general residential operation   operating as a residential treatment center shall post "No   Trespassing" notices on the grounds of the general residential   operation in the following locations:                (1)  parallel to and along the exterior boundaries of   the general residential operation's grounds;                (2)  at each roadway or other way of access to the   grounds;                (3)  for grounds not fenced, at least every five   hundred feet along the exterior boundaries of the grounds;                (4)  at each entrance to the grounds; and                (5)  at conspicuous places reasonably likely to be   viewed by intruders.          (b)  Each "No Trespassing" notice posted on the grounds of a   general residential operation operating as a residential treatment   center must:                (1)  state that entry to the property is forbidden;                (2)  include a description of the provisions of   Section 30.05, Penal Code, including the penalties for violating   Section 30.05, Penal Code;                (3)  include the name and address of the person under   whose authority the notice is posted;                (4)  be written in English and Spanish; and                (5)  be at least 8-1/2 by 11 inches in size.          (c)  The executive commissioner by rule shall determine and   prescribe the requirements regarding the placement, installation,   design, size, wording, and maintenance procedures for the "No   Trespassing" notices.          (d)  The commission shall provide without charge to each   general residential operation operating as a residential treatment   center the number of "No Trespassing" notices required to comply   with this section and rules adopted under this section.          (e)  A person who operates a general residential operation   operating as a residential treatment center commits an offense if   the commission provides "No Trespassing" notices to the facility   and the person fails to display the "No Trespassing" notices on the   operation's grounds as required by this section before the end of   the 30th business day after the date the operation receives the   notices. An offense under this subsection is a Class C misdemeanor.          SECTION 21.  Section 20A.01, Penal Code, is amended by   adding Subdivisions (1-a), (2-a), and (2-b) to read as follows:                (1-a)  "Coercion" as defined by Section 1.07 includes:                      (A)  destroying, concealing, confiscating, or   withholding from a trafficked person, or threatening to destroy,   conceal, confiscate, or withhold from a trafficked person, the   person's actual or purported:                            (i)  government records; or                            (ii)  identifying information or documents;                      (B)  causing a trafficked person, without the   person's consent, to become intoxicated, as defined by Section   49.01, to a degree that impairs the person's ability to appraise the   nature of or resist engaging in any conduct, including performing   or providing labor or services; or                      (C)  withholding alcohol or a controlled   substance to a degree that impairs the ability of a trafficked   person with a chemical dependency, as defined by Section 462.001,   Health and Safety Code, to appraise the nature of or resist engaging   in any conduct, including performing or providing labor or   services.                (2-a)  "Premises" has the meaning assigned by Section   481.134, Health and Safety Code.                (2-b)  "School" means a public or private primary or   secondary school.          SECTION 22.  Sections 20A.02, Penal Code, is amended by   amending Subsections (a) and (b) and adding Subsection (b-1) 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 with the intent that the   trafficked child engage in forced labor or services;                (6)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (5), including   by receiving labor or services the person knows are forced labor or   services;                (7)  traffics a child and by any means causes the   trafficked child to engage in, or become the victim of, conduct   prohibited by:                      (A)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Children);                      (B)  Section 21.11 (Indecency with a Child);                      (C)  Section 22.011 (Sexual Assault);                      (D)  Section 22.021 (Aggravated Sexual Assault);                      (E)  Section 43.02 (Prostitution);                      (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 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 at the time of the offense;                (2)  the commission of the offense results in the death   of the person who is trafficked; [or]                (3)  the commission of the offense results in the death   of an unborn child of the person who is trafficked; or                (4)  the actor recruited, enticed, or obtained the   victim of the offense from a shelter or facility operating as a   residential treatment center that serves runaway youth, foster   children, the homeless, or persons subjected to human trafficking,   domestic violence, or sexual assault.          (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 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 23.  Section 30.05(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person enters or   remains on or in property of another, including residential land,   agricultural land, a recreational vehicle park, a building, a   general residential operation operating as a residential treatment   center, or an aircraft or other vehicle, without effective consent   and the person:                (1)  had notice that the entry was forbidden; or                (2)  received notice to depart but failed to do so.          SECTION 24.  Section 30.05(b), Penal Code, is amended by   adding Subdivision (13) to read as follows:                (13)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.          SECTION 25.  Section 30.05(d), Penal Code, is amended to   read as follows:          (d)  An offense under this section is:                (1)  a Class B misdemeanor, except as provided by   Subdivisions (2) and (3);                (2)  a Class C misdemeanor, except as provided by   Subdivision (3), if the offense is committed:                      (A)  on agricultural land and within 100 feet of   the boundary of the land; or                      (B)  on residential land and within 100 feet of a   protected freshwater area; and                (3)  a Class A misdemeanor if:                      (A)  the offense is committed:                            (i)  in a habitation or a shelter center;                            (ii)  on a Superfund site; or                            (iii)  on or in a critical infrastructure   facility;                      (B)  the offense is committed on or in property of   an institution of higher education and it is shown on the trial of   the offense that the person has previously been convicted of:                            (i)  an offense under this section relating   to entering or remaining on or in property of an institution of   higher education; or                            (ii)  an offense under Section 51.204(b)(1),   Education Code, relating to trespassing on the grounds of an   institution of higher education; [or]                      (C)  the person carries a deadly weapon during the   commission of the offense; or                      (D)  the offense is committed on the property of   or within a general residential operation operating as a   residential treatment center.          SECTION 26.  Section 71.028(a), Penal Code, is amended to   read as follows:          (a)  In this section:                (1)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.                (2)  "Institution of higher education," "playground,"   "premises," "school," "video arcade facility," and "youth center"   have the meanings assigned by Section 481.134, Health and Safety   Code.                (3) [(2)]  "Shopping mall" means an enclosed public   walkway or hall area that connects retail, service, or professional   establishments.          SECTION 27.  Section 71.028(c), Penal Code, is amended to   read as follows:          (c)  Except as provided by Subsection (d), the punishment   prescribed for an offense described by Subsection (b) is increased   to the punishment prescribed for the next highest category of   offense if the actor is 17 years of age or older and it is shown   beyond a reasonable doubt on the trial of the offense that the actor   committed the offense at a location that was:                (1)  in, on, or within 1,000 feet of any:                      (A)  real property that is owned, rented, or   leased by a school or school board;                      (B)  premises owned, rented, or leased by an   institution of higher education;                      (C)  premises of a public or private youth center;   [or]                      (D)  playground; or                       (E)  general residential operation operating as a   residential treatment center;                (2)  in, on, or within 300 feet of any:                      (A)  shopping mall;                      (B)  movie theater;                      (C)  premises of a public swimming pool; or                      (D)  premises of a video arcade facility; or                (3)  on a school bus.          SECTION 28.  Chapter 43, Penal Code, is amended by adding   Section 43.021, and a heading is added to that section to read as   follows:          Sec. 43.021.  SOLICITATION OF PROSTITUTION.          SECTION 29.  Sections 43.02(b) and (c-1), Penal Code, are   transferred to Section 43.021, Penal Code, as added by this Act,   redesignated as Sections 43.021(a) and (b), Penal Code,   respectively, and amended to read as follows:          (a) [(b)]  A person commits an offense if the person   knowingly offers or agrees to pay a fee to another person for the   purpose of engaging in sexual conduct with that person or another.          (b) [(c-1)]  An offense under Subsection (a) [(b)] is a state   jail felony [Class A misdemeanor], except that the offense is:                (1)  a [state jail] 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 [(b)]; or                (2)  a felony of the second degree if the person with   whom the actor agrees 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 30.  Section 43.021, Penal Code, as added by this   Act, is amended by adding Subsection (c) to read as follows:          (c)  A conviction may be used for purposes of enhancement   under this section or enhancement under Subchapter D, Chapter 12,   but not under both this section and that subchapter. For purposes of   enhancement of penalties under this section or Subchapter D,   Chapter 12, a defendant is considered to have been previously   convicted of an offense under this section or under Section   43.02(b), as that law existed before September 1, 2021, if the   defendant was adjudged guilty of the offense or entered a plea of   guilty or nolo contendere in return for a grant of deferred   adjudication, regardless of whether the sentence for the offense   was ever imposed or whether the sentence was probated and the   defendant was subsequently discharged from community supervision.          SECTION 31.  Section 25.06(a), Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          (a)  The commission shall deny an original application for a   wine and malt beverage retailer's permit if the commission finds   that the applicant, or the applicant's spouse, during the five   years immediately preceding the application, was finally convicted   of a felony or one of the following offenses:                (1)  prostitution or solicitation of prostitution;                (2)  a vagrancy offense involving moral turpitude;                (3)  bookmaking;                (4)  gambling or gaming;                (5)  an offense involving controlled substances as   defined in Chapter 481, Health and Safety Code, or other dangerous   drugs;                (6)  a violation of this code resulting in the   cancellation of a license or permit, or a fine of not less than   $500;                (7)  more than three violations of this code relating   to minors;                (8)  bootlegging; or                (9)  an offense involving firearms or a deadly weapon.          SECTION 32.  Section 69.06(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The commission shall deny an original application for a   retail dealer's on-premise license if the commission finds that the   applicant or the applicant's spouse, during the five years   immediately preceding the application, was finally convicted of a   felony or one of the following offenses:                (1)  prostitution or solicitation of prostitution;                (2)  a vagrancy offense involving moral turpitude;                (3)  bookmaking;                (4)  gambling or gaming;                (5)  an offense involving controlled substances as   defined in the Texas Controlled Substances Act, including an   offense involving a synthetic cannabinoid, or an offense involving   other dangerous drugs;                (6)  a violation of this code resulting in the   cancellation of a license or permit, or a fine of not less than   $500;                (7)  more than three violations of this code relating   to minors;                (8)  bootlegging; or                (9)  an offense involving firearms or a deadly weapon.          SECTION 33.  Section 125.0015(a), Civil Practice and   Remedies Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution as described by Section 43.02, Penal   Code, solicitation of prostitution as described by Section 43.021,   Penal Code, promotion of prostitution as described by Section   43.03, Penal Code, or aggravated promotion of prostitution as   described by Section 43.04, [prohibited by the] Penal Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   children as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing a minor at a sexually oriented business   as defined by Section 243.002, Local Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more; or                (27)  a graffiti offense in violation of Section 28.08,   Penal Code.          SECTION 34.  Article 17.45, Code of Criminal Procedure, is   amended to read as follows:          Art. 17.45.  CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.   A magistrate may require as a condition of bond that a defendant   charged with an offense under Section 43.02 or 43.021, Penal Code,   receive counseling or education, or both, relating to acquired   immune deficiency syndrome or human immunodeficiency virus.          SECTION 35.  Article 42A.751(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  At any time during the period of community supervision,   the judge may issue a warrant for a violation of any condition of   community supervision and cause a defendant convicted under Section   43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or   Sections 485.031 through 485.035, Health and Safety Code, or placed   on deferred adjudication community supervision after being charged   with one of those offenses, to be subject to:                (1)  the control measures of Section 81.083, Health and   Safety Code; and                (2)  the court-ordered-management provisions of   Subchapter G, Chapter 81, Health and Safety Code.          SECTION 36.  Section 62.001(5), Code of Criminal Procedure,   is amended to read as follows:                (5)  "Reportable conviction or adjudication" means a   conviction or adjudication, including an adjudication of   delinquent conduct or a deferred adjudication, that, regardless of   the pendency of an appeal, is a conviction for or an adjudication   for or based on:                      (A)  a violation of Section 21.02 (Continuous   sexual abuse of young child or children), 21.09 (Bestiality), 21.11   (Indecency with a child), 22.011 (Sexual assault), 22.021   (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),   Penal Code;                      (B)  a violation of Section 43.04 (Aggravated   promotion of prostitution), 43.05 (Compelling prostitution), 43.25   (Sexual performance by a child), or 43.26 (Possession or promotion   of child pornography), Penal Code;                      (B-1)  a violation of Section 43.021   (Solicitation of Prostitution) [43.02 (Prostitution)], Penal Code,   if the offense is punishable as a felony of the second degree [under   Subsection (c-1)(2) of that section];                      (C)  a violation of Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the actor committed the   offense or engaged in the conduct with intent to violate or abuse   the victim sexually;                      (D)  a violation of Section 30.02 (Burglary),   Penal Code, if the offense or conduct is punishable under   Subsection (d) of that section and the actor committed the offense   or engaged in the conduct with intent to commit a felony listed in   Paragraph (A) or (C);                      (E)  a violation of Section 20.02 (Unlawful   restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),   Penal Code, if, as applicable:                            (i)  the judgment in the case contains an   affirmative finding under Article 42.015; or                            (ii)  the order in the hearing or the papers   in the case contain an affirmative finding that the victim or   intended victim was younger than 17 years of age;                      (F)  the second violation of Section 21.08   (Indecent exposure), Penal Code, but not if the second violation   results in a deferred adjudication;                      (G)  an attempt, conspiracy, or solicitation, as   defined by Chapter 15, Penal Code, to commit an offense or engage in   conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);                      (H)  a violation of the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),   (G), (J), (K), or (L), but not if the violation results in a   deferred adjudication;                      (I)  the second violation of the laws of another   state, federal law, the laws of a foreign country, or the Uniform   Code of Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of the offense of indecent exposure, but not if the second violation   results in a deferred adjudication;                      (J)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code;                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code; or                      (L)  a violation of Section 20A.03 (Continuous   trafficking of persons), Penal Code, if the offense is based partly   or wholly on conduct that constitutes an offense under Section   20A.02(a)(3), (4), (7), or (8) of that code.          SECTION 37.  Section 11.066, Education Code, is amended to   read as follows:          Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED   OF CERTAIN OFFENSES. A person is ineligible to serve as a member of   the board of trustees of a school district if the person has been   convicted of a felony or an offense under Section 43.021   [43.02(b)], Penal Code.          SECTION 38.  Section 51.03(b), Family Code, is amended to   read as follows:          (b)  Conduct indicating a need for supervision is:                (1)  subject to Subsection (f), conduct, other than a   traffic offense, that violates:                      (A)  the penal laws of this state of the grade of   misdemeanor that are punishable by fine only; or                      (B)  the penal ordinances of any political   subdivision of this state;                (2)  the voluntary absence of a child from the child's   home without the consent of the child's parent or guardian for a   substantial length of time or without intent to return;                (3)  conduct prohibited by city ordinance or by state   law involving the inhalation of the fumes or vapors of paint and   other protective coatings or glue and other adhesives and the   volatile chemicals itemized in Section 485.001, Health and Safety   Code;                (4)  an act that violates a school district's   previously communicated written standards of student conduct for   which the child has been expelled under Section 37.007(c),   Education Code;                (5)  notwithstanding Subsection (a)(1), conduct   described by Section 43.02 or 43.021 [43.02(a) or (b)], Penal Code;   or                (6)  notwithstanding Subsection (a)(1), conduct that   violates Section 43.261, Penal Code.          SECTION 39.  Section 261.001(1), Family Code, is amended to   read as follows:                (1)  "Abuse" includes the following acts or omissions   by a person:                      (A)  mental or emotional injury to a child that   results in an observable and material impairment in the child's   growth, development, or psychological functioning;                      (B)  causing or permitting the child to be in a   situation in which the child sustains a mental or emotional injury   that results in an observable and material impairment in the   child's growth, development, or psychological functioning;                      (C)  physical injury that results in substantial   harm to the child, or the genuine threat of substantial harm from   physical injury to the child, including an injury that is at   variance with the history or explanation given and excluding an   accident or reasonable discipline by a parent, guardian, or   managing or possessory conservator that does not expose the child   to a substantial risk of harm;                      (D)  failure to make a reasonable effort to   prevent an action by another person that results in physical injury   that results in substantial harm to the child;                      (E)  sexual conduct harmful to a child's mental,   emotional, or physical welfare, including conduct that constitutes   the offense of continuous sexual abuse of young child or children   under Section 21.02, Penal Code, indecency with a child under   Section 21.11, Penal Code, sexual assault under Section 22.011,   Penal Code, or aggravated sexual assault under Section 22.021,   Penal Code;                      (F)  failure to make a reasonable effort to   prevent sexual conduct harmful to a child;                      (G)  compelling or encouraging the child to engage   in sexual conduct as defined by Section 43.01, Penal Code,   including compelling or encouraging the child in a manner that   constitutes an offense of trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under   Section 43.021 [43.02(b)], Penal Code, or compelling prostitution   under Section 43.05(a)(2), Penal Code;                      (H)  causing, permitting, encouraging, engaging   in, or allowing the photographing, filming, or depicting of the   child if the person knew or should have known that the resulting   photograph, film, or depiction of the child is obscene as defined by   Section 43.21, Penal Code, or pornographic;                      (I)  the current use by a person of a controlled   substance as defined by Chapter 481, Health and Safety Code, in a   manner or to the extent that the use results in physical, mental, or   emotional injury to a child;                      (J)  causing, expressly permitting, or   encouraging a child to use a controlled substance as defined by   Chapter 481, Health and Safety Code;                      (K)  causing, permitting, encouraging, engaging   in, or allowing a sexual performance by a child as defined by   Section 43.25, Penal Code;                      (L)  knowingly causing, permitting, encouraging,   engaging in, or allowing a child to be trafficked in a manner   punishable as an offense under Section 20A.02(a)(5), (6), (7), or   (8), Penal Code, or the failure to make a reasonable effort to   prevent a child from being trafficked in a manner punishable as an   offense under any of those sections; or                      (M)  forcing or coercing a child to enter into a   marriage.          SECTION 40.  Section 71.0353, Government Code, is amended to   read as follows:          Sec. 71.0353.  TRAFFICKING OF PERSONS INFORMATION. As a   component of the official monthly report submitted to the Office of   Court Administration of the Texas Judicial System, a district court   or county court at law shall report the number of cases filed for   the following offenses:                (1)  trafficking of persons under Section 20A.02, Penal   Code;                (2)  prostitution under Section 43.02, Penal Code;                (3)  solicitation of prostitution under Section   43.021, Penal Code; and                (4) [(3)]  compelling prostitution under Section   43.05, Penal Code.          SECTION 41.  Section 402.035(d), Government Code, is amended   to read as follows:          (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 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 [43.02(c-1)(2)], 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;                (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;                (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;                (8)  examine training protocols related to human   trafficking issues, as developed and implemented by federal, state,   and local law enforcement agencies;                (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;                (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;                (11)  examine the extent to which human trafficking is   associated with the operation of sexually oriented businesses, as   defined by Section 243.002, Local Government Code, and the   workplace or public health concerns that are created by the   association of human trafficking and the operation of sexually   oriented businesses;                (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                (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.          SECTION 42.  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   [43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, 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 as required by that chapter, 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,   indecent assault, 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;                      (E)  the child-care facility or school where a   child protected by the order normally resides or which the child   normally attends;                      (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, indecent   assault, 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 43.  Section 411.1471(a), Government Code, is   amended to read as follows:          (a)  This section applies to a defendant who is:                (1)  arrested for a felony prohibited under any of the   following Penal Code sections:                      (A)  Section 19.02;                      (B)  Section 19.03;                      (C)  Section 20.03;                      (D)  Section 20.04;                      (E)  Section 20.05;                      (F)  Section 20.06;                      (G)  Section 20A.02;                      (H)  Section 20A.03;                      (I)  Section 21.02;                      (J)  Section 21.11;                      (K)  Section 22.01;                      (L)  Section 22.011;                      (M)  Section 22.02;                      (N)  Section 22.021;                      (O)  Section 25.02;                      (P)  Section 29.02;                      (Q)  Section 29.03;                      (R)  Section 30.02;                      (S)  Section 31.03;                      (T)  Section 43.03;                      (U)  Section 43.04;                      (V)  Section 43.05;                      (W)  Section 43.25; or                      (X)  Section 43.26; or                (2)  convicted of an offense:                      (A)  under Title 5, Penal Code, other than an   offense described by Subdivision (1), that is punishable as a Class   A misdemeanor or any higher category of offense, except for an   offense punishable as a Class A misdemeanor under Section 22.05,   Penal Code; or                      (B)  under Section 21.08, 25.04, 43.021   [43.02(b)], or 43.24, Penal Code.          SECTION 44.  Section 81.093(a), Health and Safety Code, is   amended to read as follows:          (a)  A court may direct a person convicted of an offense   under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas   Controlled Substances Act), or under Sections 485.031 through   485.035 to be subject to the control measures of Section 81.083 and   to the court-ordered management provisions of Subchapter G.          SECTION 45.  The heading to Chapter 169, Health and Safety   Code, is amended to read as follows:   CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION   PREVENTION PROGRAM          SECTION 46.  Section 169.001, Health and Safety Code, is   amended to read as follows:          Sec. 169.001.  FIRST OFFENDER SOLICITATION OF PROSTITUTION   PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In   this chapter, "first offender solicitation of prostitution   prevention program" means a program that has the following   essential characteristics:                (1)  the integration of services in the processing of   cases in the judicial system;                (2)  the use of a nonadversarial approach involving   prosecutors and defense attorneys to promote public safety, to   reduce the demand for the commercial sex trade and trafficking of   persons by educating offenders, and to protect the due process   rights of program participants;                (3)  early identification and prompt placement of   eligible participants in the program;                (4)  access to information, counseling, and services   relating to sex addiction, sexually transmitted diseases, mental   health, and substance abuse;                (5)  a coordinated strategy to govern program responses   to participant compliance;                (6)  monitoring and evaluation of program goals and   effectiveness;                (7)  continuing interdisciplinary education to promote   effective program planning, implementation, and operations; and                (8)  development of partnerships with public agencies   and community organizations.          (b)  If a defendant successfully completes a first offender   solicitation of prostitution prevention program, regardless of   whether the defendant was convicted of the offense for which the   defendant entered the program or whether the court deferred further   proceedings without entering an adjudication of guilt, after notice   to the state and a hearing on whether the defendant is otherwise   entitled to the petition, including whether the required time   period has elapsed, and whether issuance of the order is in the best   interest of justice, the court shall enter an order of   nondisclosure of criminal history record information under   Subchapter E-1, Chapter 411, Government Code, as if the defendant   had received a discharge and dismissal under Article 42A.111, Code   of Criminal Procedure, with respect to all records and files   related to the defendant's arrest for the offense for which the   defendant entered the program if the defendant:                (1)  has not been previously convicted of a felony   offense; and                (2)  is not convicted of any other felony offense   before the second anniversary of the defendant's successful   completion of the program.          SECTION 47.  Sections 169.002(a), (b), (d), (e), and (f),   Health and Safety Code, are amended to read as follows:          (a)  The commissioners court of a county or governing body of   a municipality may establish a first offender solicitation of   prostitution prevention program for defendants charged with an   offense under Section 43.021 [43.02(b)], Penal Code.          (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 [43.02], 43.021, 43.03,   43.031, 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.          (d)  A defendant is not eligible to participate in the first   offender solicitation of prostitution prevention program if the   defendant offered or agreed to hire a person to engage in sexual   conduct and the person was younger than 18 years of age at the time   of the offense.          (e)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to participate in the   first offender solicitation of prostitution prevention program or   otherwise proceed through the criminal justice system.          (f)  If a defendant who chooses to participate in the first   offender solicitation of prostitution prevention program fails to   attend any portion of the program, the court in which the   defendant's criminal case is pending shall issue a warrant for the   defendant's arrest and proceed on the criminal case as if the   defendant had chosen not to participate in the program.          SECTION 48.  Section 169.003(a), Health and Safety Code, is   amended to read as follows:          (a)  A first offender solicitation of prostitution   prevention program established under this chapter must:                (1)  ensure that a person eligible for the program is   provided legal counsel before volunteering to proceed through the   program and while participating in the program;                (2)  allow any participant to withdraw from the program   at any time before a trial on the merits has been initiated;                (3)  provide each participant with information,   counseling, and services relating to sex addiction, sexually   transmitted diseases, mental health, and substance abuse; and                (4)  provide each participant with classroom   instruction related to the prevention of the solicitation of   prostitution.          SECTION 49.  Sections 169.004, 169.005, and 169.006, Health   and Safety Code, are amended to read as follows:          Sec. 169.004.  OVERSIGHT. (a)  The lieutenant governor and   the speaker of the house of representatives may assign to   appropriate legislative committees duties relating to the   oversight of first offender solicitation of prostitution   prevention programs established under this chapter.          (b)  A legislative committee or the governor may request the   state auditor to perform a management, operations, or financial or   accounting audit of a first offender solicitation of prostitution   prevention program established under this chapter.          (c)  A first offender solicitation of 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)  provide information regarding the performance of   the program to the division on request.          Sec. 169.005.  REIMBURSEMENT FEES. (a) A first offender   solicitation of prostitution prevention program established under   this chapter may collect from a participant in the program a   nonrefundable reimbursement fee for the program in a reasonable   amount not to exceed $1,000, from which the following must be paid:                (1)  a counseling and services reimbursement fee in an   amount necessary to cover the costs of the counseling and services   provided by the program; and                (2)  a law enforcement training reimbursement fee, in   an amount equal to five percent of the total amount paid under   Subdivision (1), to be deposited to the credit of the treasury of   the county or municipality that established the program to cover   costs associated with the provision of training to law enforcement   personnel on domestic violence, prostitution, and the trafficking   of persons.          (b)  Reimbursement fees collected under this section may be   paid on a periodic basis or on a deferred payment schedule at the   discretion of the judge, magistrate, or program director   administering the first offender solicitation of prostitution   prevention program. The fees must be based on the participant's   ability to pay.          Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE   REQUIREMENT. (a)  To encourage participation in a first offender   solicitation of prostitution prevention program established under   this chapter, the judge or magistrate administering the program may   suspend any requirement that, as a condition of community   supervision, a participant in the program work a specified number   of hours at a community service project.          (b)  On a participant's successful completion of a first   offender solicitation of prostitution prevention program, a judge   or magistrate may excuse the participant from any condition of   community supervision previously suspended under Subsection (a).          SECTION 50.  Section 455.202(d)(2), Occupations Code, is   amended to read as follows:                (2)  "Sexual contact" includes:                      (A)  any touching of any part of the genitalia or   anus;                      (B)  any touching of the breasts of a female   without the written consent of the female;                      (C)  any offer or agreement to engage in any   activity described in Paragraph (A) or (B);                      (D)  kissing without the consent of both persons;                      (E)  deviate sexual intercourse, sexual contact,   sexual intercourse, indecent exposure, sexual assault,   prostitution, solicitation of prostitution, and promotion   [promotions] of prostitution as described in Chapters 21, 22, and   43, Penal Code, or any offer or agreement to engage in such   activities;                      (F)  any behavior, gesture, or expression that may   reasonably be interpreted as inappropriately seductive or sexual;   or                      (G)  inappropriate sexual comments about or to a   client, including sexual comments about a person's body.          SECTION 51.  Section 15.031(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if, with intent that an   offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,   22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the   person by any means requests, commands, or attempts to induce a   minor or another whom the person believes to be a minor to engage in   specific conduct that, under the circumstances surrounding the   actor's conduct as the actor believes them to be, would constitute   an offense under one of those sections or would make the minor or   other believed by the person to be a minor a party to the commission   of an offense under one of those sections.          SECTION 52.  Section 25.08(c), Penal Code, is amended to   read as follows:          (c)  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 commits the offense with intent to commit an offense under   Section 20A.02, 43.021 [43.02], 43.05, or 43.25.          SECTION 53.  Section 25.081(c), Penal Code, is amended to   read as follows:          (c)  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 commits the offense with intent to commit an offense under   Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.          SECTION 54.  Section 43.01, Penal Code, is amended by adding   Subdivision (6) to read as follows:                (6)  "Solicitation of prostitution" means the offense   defined in Section 43.021.          SECTION 55.  Section 43.031(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person owns, manages,   or operates an interactive computer service or information content   provider, or operates as an information content provider, with the   intent to promote the prostitution of another person or facilitate   another person to engage in prostitution or solicitation of   prostitution.          SECTION 56.  Section 43.041(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person owns, manages,   or operates an interactive computer service or information content   provider, or operates as an information content provider, with the   intent to promote the prostitution of five or more persons or   facilitate five or more persons to engage in prostitution or   solicitation of prostitution.          SECTION 57.  Section 93.013(a), Property Code, is amended to   read as follows:          (a)  Notwithstanding a provision in a lease to the contrary,   a tenant's right of possession terminates and the landlord has a   right to recover possession of the leased premises if the tenant is   using the premises or allowing the premises to be used for the   purposes of prostitution as described by Section 43.02, Penal Code,   solicitation of prostitution as described by Section 43.021, Penal   Code, promotion of prostitution as described by Section 43.03,   Penal Code, aggravated promotion of prostitution as described by   Section 43.04, Penal Code, [or] compelling prostitution[,] as   described [prohibited] by Section 43.05, [the] Penal Code, or   trafficking of persons as described by Section 20A.02, Penal Code.          SECTION 58.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.086 to read as follows:          Sec. 37.086.  REQUIRED POSTING OF WARNING SIGNS OF INCREASED   TRAFFICKING PENALTIES. (a) In this section:                (1)  "Premises" has the meaning assigned by Section   481.134, Health and Safety Code.                (2)  "School" means a public or private primary or   secondary school.          (b)  Each school shall post warning signs of the increased   penalties for trafficking of persons under Section 20A.02(b-1)(2),   Penal Code, at the following locations:                (1)  parallel to and along the exterior boundaries of   the school's premises;                (2)  at each roadway or other way of access to the   premises;                (3)  for premises not fenced, at least every five   hundred feet along the exterior boundaries of the premises;                (4)  at each entrance to the premises; and                (5)  at conspicuous places reasonably likely to be   viewed by all persons entering the premises.          (c)  The agency, in consultation with the human trafficking   prevention task force created under Section 402.035, Government   Code, shall adopt rules regarding the placement, installation,   design, size, wording, and maintenance procedures for the warning   signs required under this section. The rules must require that each   warning sign:                (1)  include a description of the provisions of Section   20A.02(b-1), Penal Code, including the penalties for violating that   section;                (2)  be written in English and Spanish; and                (3)  be at least 8-1/2 by 11 inches in size.          (d)  The agency shall provide each school without charge the   number of warning signs required to comply with this section and   rules adopted under this section. If the agency is unable to   provide each school with the number of signs necessary to comply   with Subsection (b), the agency may:                (1)  provide to a school fewer signs than the number   necessary to comply with that section; and                (2)  prioritize distribution of signs to schools based   on reports of criminal activity in the areas near that school.          SECTION 59.  Section 33.021, Penal Code, is amended by   adding Subsection (f-1) to read as follows:          (f-1)  The punishment for an offense under this section is   increased to the punishment prescribed for the next higher category   of offense if it is shown on the trial of the offense that:                (1)  the actor committed the offense during regular   public or private primary or secondary school hours; and                (2)  the actor knew or reasonably should have known   that the minor was enrolled in a public or private primary or   secondary school at the time of the offense.          SECTION 60.  Section 43.01, Penal Code, is amended by adding   Subdivisions (1-f) and (2-a) to read as follows.                (1-f)  "Premises" has the meaning assigned by Section   481.134, Health and Safety Code.                (2-a)  "School" means a public or private primary or   secondary school.          SECTION 61.  Section 43.02, Penal Code, is amended by adding   Subsection (c-2) to read as follows:          (c-2)  The punishment prescribed for an offense under   Subsection (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 62.  The following provisions are repealed:                (1)  Section 125.0017, Civil Practice and Remedies   Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th   Legislature, Regular Session, 2017;                (2)  Section 125.003(d), Civil Practice and Remedies   Code;                (3)  Section 125.004(a-3), Civil Practice and Remedies   Code, as added by Chapter 1135 (H.B. 240), Acts of the 85th   Legislature, Regular Session, 2017;                (4)  Section 125.068, Civil Practice and Remedies Code;   and                (5)  Section 20A.02(a-1), Penal Code.          SECTION 63.  (a)  Sections 11.44(b), 11.46(c), and 61.42(c),   Alcoholic Beverage Code, as amended by this Act, apply to an   application for an alcoholic beverage permit or license filed on or   after the effective date of this Act or pending on the effective   date of this Act.          (b)  Section 98.007, Civil Practice and Remedies Code, as   added by this Act, applies only to an action filed on or after the   effective date of this Act.          (c)  The change in law made to Chapters 125 and 140A, Civil   Practice and Remedies Code, by this Act applies only to a cause of   action that accrues on or after the effective date of this Act. A   cause of action that accrues before the effective date of this Act   is governed by the law applicable to the cause of action immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          (d)  Except as otherwise provided by this section, the   changes in law made by this Act apply 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 64.  The Texas Education Agency is required to   implement the change in law made by Section 37.086(d), Education   Code, as added by this Act, only if the legislature appropriates   money specifically for that purpose. If the legislature does not   appropriate money specifically for that purpose, the agency may,   but is not required to, implement the change in law made by Section   37.086(d), Education Code, as added by this Act, using other   appropriations available for that purpose.          SECTION 65.  This Act takes effect September 1, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1540 was passed by the House on April   14, 2021, by the following vote:  Yeas 149, Nays 0, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1540 on May 28, 2021, by the following vote:  Yeas 145, Nays 0,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1540 was passed by the Senate, with   amendments, on May 20, 2021, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor