89R5743 AJZ-F     By: Howard H.B. No. 47       A BILL TO BE ENTITLED   AN ACT   relating to sexual assault and other sex offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 29.14(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  In this article, "victim" means a [the] victim of [an   assault or] sexual assault or a victim of assault who is younger   than 17 years of age or whose case involves family violence as   defined by Section 71.004, Family Code.          SECTION 2.  Article 56A.051(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A victim, guardian of a victim, or close relative of a   deceased victim is entitled to the following rights within the   criminal justice system:                (1)  the right to receive from a law enforcement agency   adequate protection from harm and threats of harm arising from   cooperation with prosecution efforts;                (2)  the right to have the magistrate consider the   safety of the victim or the victim's family in setting the amount of   bail for the defendant;                (3)  if requested, the right to be informed in the   manner provided by Article 56A.0525:                      (A)  by the attorney representing the state of   relevant court proceedings, including appellate proceedings, and   to be informed if those proceedings have been canceled or   rescheduled before the event; and                      (B)  by an appellate court of the court's   decisions, after the decisions are entered but before the decisions   are made public;                (4)  when requested, the right to be informed in the   manner provided by Article 56A.0525:                      (A)  by a peace officer concerning the defendant's   right to bail and the procedures in criminal investigations; and                      (B)  by the office of the attorney representing   the state concerning the general procedures in the criminal justice   system, including general procedures in guilty plea negotiations   and arrangements, restitution, and the appeals and parole process;                (5)  the right to provide pertinent information to a   community supervision and corrections department conducting a   presentencing investigation concerning the impact of the offense on   the victim and the victim's family by testimony, written statement,   or any other manner before any sentencing of the defendant;                (6)  the right to receive information, in the manner   provided by Article 56A.0525:                      (A)  regarding compensation to victims of crime as   provided by Chapter 56B, including information related to the costs   that may be compensated under that chapter and the amount of   compensation, eligibility for compensation, and procedures for   application for compensation under that chapter;                      (B)  for a victim of a sexual assault, regarding   the payment under Subchapter G for a forensic medical examination   and for any prescribed continuing medical care that is related to   the sexual assault and provided to the victim during the 30-day   period following that examination, as provided by Subchapter G; and                      (C)  when requested, providing a referral to   available social service agencies that may offer additional   assistance;                (7)  the right to:                      (A)  be informed, on request, and in the manner   provided by Article 56A.0525, of parole procedures;                      (B)  participate in the parole process;                      (C)  provide to the board for inclusion in the   defendant's file information to be considered by the board before   the parole of any defendant convicted of any offense subject to this   chapter; and                      (D)  be notified in the manner provided by Article   56A.0525, if requested, of parole proceedings concerning a   defendant in the victim's case and of the defendant's release;                (8)  the right to be provided with a waiting area,   separate or secure from other witnesses, including the defendant   and relatives of the defendant, before testifying in any proceeding   concerning the defendant; if a separate waiting area is not   available, other safeguards should be taken to minimize the   victim's contact with the defendant and the defendant's relatives   and witnesses, before and during court proceedings;                (9)  the right to the prompt return of any of the   victim's property that is held by a law enforcement agency or the   attorney representing the state as evidence when the property is no   longer required for that purpose;                (10)  the right to have the attorney representing the   state notify the victim's employer, if requested, that the victim's   cooperation and testimony is necessary in a proceeding that may   require the victim to be absent from work for good cause;                (11)  the right to request victim-offender mediation   coordinated by the victim services division of the department;                (12)  the right to be informed, in the manner provided   by Article 56A.0525, of the uses of a victim impact statement and   the statement's purpose in the criminal justice system as described   by Subchapter D, to complete the victim impact statement, and to   have the victim impact statement considered:                      (A)  by the attorney representing the state and   the judge before sentencing or before a plea bargain agreement is   accepted; and                      (B)  by the board before a defendant is released   on parole;                (13)  for a victim of sexual [an] assault or a victim of   [or sexual] assault who is younger than 17 years of age or whose   case involves family violence, as defined by Section 71.004, Family   Code, the right to have the court consider the impact on the victim   of a continuance requested by the defendant; if requested by the   attorney representing the state or by the defendant's attorney, the   court shall state on the record the reason for granting or denying   the continuance; and                (14)  if the offense is a capital felony, the right to:                      (A)  receive by mail from the court a written   explanation of defense-initiated victim outreach if the court has   authorized expenditures for a defense-initiated victim outreach   specialist;                      (B)  not be contacted by the victim outreach   specialist unless the victim, guardian, or relative has consented   to the contact by providing a written notice to the court; and                      (C)  designate a victim service provider to   receive all communications from a victim outreach specialist acting   on behalf of any person.          SECTION 3.  Article 56A.052(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A victim, guardian of a victim, or close relative of a   deceased victim of an offense under Section 21.02, 21.11, 22.011,   22.012, 22.021, or 42.072, Penal Code, is entitled to the following   rights within the criminal justice system:                (1)  if requested, the right to a disclosure of   information, in the manner provided by Article 56A.0525, regarding:                      (A)  any evidence that was collected during the   investigation of the offense, unless disclosing the information   would interfere with the investigation or prosecution of the   offense, in which event the victim, guardian, or relative shall be   informed of the estimated date on which that information is   expected to be disclosed; and                      (B)  the status of any analysis being performed on   any evidence described by Paragraph (A);                (2)  if requested, the right to be notified in the   manner provided by Article 56A.0525:                      (A)  at the time a request is submitted to a crime   laboratory to process and analyze any evidence that was collected   during the investigation of the offense;                      (B)  at the time of the submission of a request to   compare any biological evidence collected during the investigation   of the offense with DNA profiles maintained in a state or federal   DNA database; and                      (C)  of the results of the comparison described by   Paragraph (B), unless disclosing the results would interfere with   the investigation or prosecution of the offense, in which event the   victim, guardian, or relative shall be informed of the estimated   date on which those results are expected to be disclosed;                (3)  if requested, the right to counseling regarding   acquired immune deficiency syndrome (AIDS) and human   immunodeficiency virus (HIV) infection;                (4)  if requested, the right to be informed about, and   confer with the attorney representing the state regarding, the   disposition of the offense, including sharing the victim's,   guardian's, or relative's views regarding:                      (A)  a decision not to file charges;                      (B)  the dismissal of charges;                      (C)  the use of a pretrial intervention program;   or                      (D)  a plea bargain agreement; and                (5)  for the victim, the right to:                      (A)  testing for acquired immune deficiency   syndrome (AIDS), human immunodeficiency virus (HIV) infection,   antibodies to HIV, or infection with any other probable causative   agent of AIDS; [and]                      (B)  a forensic medical examination as provided by   Subchapter G; and                      (C)  any prescribed continuing medical care that   is related to the sexual assault and provided to the victim during   the 30-day period following a forensic medical examination, as   provided by Subchapter G.          SECTION 4.  Article 56A.304(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  On application to the attorney general and subject to   Article 56A.305(e), a health care provider that provides a forensic   medical examination to a sexual assault survivor in accordance with   this subchapter, or the sexual assault examiner or sexual assault   nurse examiner who conducts that examination in accordance with   this subchapter, as applicable, is entitled to be reimbursed in an   amount set by attorney general rule for:                (1)  the reasonable costs of the forensic portion of   that examination;                (2)  the evidence collection kit; and                (3)  the reasonable costs of other medical care   provided to the victim during the forensic medical examination in   accordance with Subchapters A and B, Chapter 323, Health and Safety   Code, and of any prescribed continuing medical care that is related   to the sexual assault and provided to the victim during the 30-day   period following that examination, including medication and   medical testing.          SECTION 5.  Article 56A.401, Code of Criminal Procedure, is   amended to read as follows:          Art. 56A.401.  NOTIFICATION OF RIGHTS.  At the initial   contact or at the earliest possible time after the initial contact   between a victim of a reported offense and the law enforcement   agency having the responsibility for investigating the offense, the   agency shall provide the victim a written notice containing:                (1)  information about the availability of emergency   and medical services, if applicable;                (2)  information about the rights of crime victims   under Subchapter B;                (3)  notice that the victim has the right to receive   information:                      (A)  regarding compensation to victims of crime as   provided by Chapter 56B, including information relating to the   costs that may be compensated under that chapter and the amount of   compensation, eligibility for compensation, and procedures for   application for compensation under that chapter;                      (B)  for a victim of a sexual assault, regarding   the payment under Subchapter G for a forensic medical examination   and for any prescribed continuing medical care that is related to   the sexual assault and provided to the victim during the 30-day   period following that examination, as provided by Subchapter G; and                      (C)  providing a referral to available social   service agencies that may offer additional assistance;                (4)  the name, address, and phone number of the law   enforcement agency's crime victim liaison;                (5)  the name, address, and phone number of the victim   assistance coordinator of the office of the attorney representing   the state; and                (6)  the following statement:          "You may call the law enforcement agency's telephone number   for the status of the case and information about victims' rights."          SECTION 6.  Article 56A.451(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Not later than the 10th day after the date that an   indictment or information is returned against a defendant for an   offense, the attorney representing the state shall give to each   victim of the offense a written notice containing:                (1)  the case number and assigned court for the case;                (2)  a brief general statement of each procedural stage   in the processing of a criminal case, including bail, plea   bargaining, parole restitution, and appeal;                (3)  suggested steps the victim may take if the victim   is subjected to threats or intimidation;                (4)  the name, address, and phone number of the local   victim assistance coordinator; and                (5)  notification of:                      (A)  the rights and procedures under this chapter,   Chapter 56B, and Subchapter B, Chapter 58;                      (B)  the right to file a victim impact statement   with the office of the attorney representing the state and the   department;                      (C)  the right to receive information:                            (i)  regarding compensation to victims of   crime as provided by Chapter 56B, including information relating to   the costs that may be compensated under that chapter, eligibility   for compensation, and procedures for application for compensation   under that chapter;                            (ii)  for a victim of a sexual assault,   regarding the payment under Subchapter G for a forensic medical   examination and for any prescribed continuing medical care that is   related to the sexual assault and provided to the victim during the   30-day period following that examination, as provided by Subchapter   G; and                            (iii)  providing a referral to available   social service agencies that may offer additional assistance; and                      (D)  the right of a victim, guardian of a victim,   or close relative of a deceased victim, as defined by Section   508.117, Government Code, to appear in person before a member of the   board as provided by Section 508.153, Government Code.          SECTION 7.  Article 62.063, Code of Criminal Procedure, is   amended to read as follows:          Art. 62.063.  PROHIBITED EMPLOYMENT. (a)  In this article:                (1)  "Amusement ride" has the meaning assigned by   Section 2151.002, Occupations Code.                (2)  "Bus" has the meaning assigned by Section 541.201,   Transportation Code.                (3)  "Digitally prearranged ride" has the meaning   assigned by Section 2402.001, Occupations Code.          (b)  A person subject to registration under this chapter   because of a reportable conviction or adjudication for which an   affirmative finding is entered under Article 42.015(b) or   42A.105(a), as appropriate, may not, for compensation:                (1)  operate or offer to operate a bus;                (2)  provide or offer to provide a passenger taxicab or   limousine transportation service, or a digitally prearranged ride;                (3)  provide or offer to provide any type of service in   the residence of another person unless the provision of service   will be supervised; or                (4)  operate or offer to operate any amusement ride.          SECTION 8.  Section 57.002(a), Family Code, is amended to   read as follows:          (a)  A victim, guardian of a victim, or close relative of a   deceased victim is entitled to the following rights within the   juvenile justice system:                (1)  the right to receive from law enforcement agencies   adequate protection from harm and threats of harm arising from   cooperation with prosecution efforts;                (2)  the right to have the court or person appointed by   the court take the safety of the victim or the victim's family into   consideration as an element in determining whether the child should   be detained before the child's conduct is adjudicated;                (3)  the right, if requested, to be informed of   relevant court proceedings, including appellate proceedings, and   to be informed in a timely manner if those court proceedings have   been canceled or rescheduled;                (4)  the right to be informed, when requested, by the   court or a person appointed by the court concerning the procedures   in the juvenile justice system, including general procedures   relating to:                      (A)  the preliminary investigation and deferred   prosecution of a case; and                      (B)  the appeal of the case;                (5)  the right to provide pertinent information to a   juvenile court conducting a disposition hearing concerning the   impact of the offense on the victim and the victim's family by   testimony, written statement, or any other manner before the court   renders its disposition;                (6)  the right to receive information:                      (A)  regarding compensation to victims as   provided by Chapter 56B, Code of Criminal Procedure, including   information relating to the costs that may be compensated under   that chapter and the amount of compensation, eligibility for   compensation, and procedures for application for compensation   under that chapter;                      (B)  for a victim of a sexual assault, regarding   the payment under Subchapter G, Chapter 56A, Code of Criminal   Procedure, for a forensic medical examination and for any   prescribed continuing medical care that is related to the sexual   assault and provided to the victim during the 30-day period   following that examination; and                      (C)  when requested, providing a referral to   available social service agencies that may offer additional   assistance;                (7)  the right to be informed, upon request, of   procedures for release under supervision or transfer of the person   to the custody of the Texas Department of Criminal Justice for   parole, to participate in the release or transfer for parole   process, to be notified, if requested, of the person's release,   escape, or transfer for parole proceedings concerning the person,   to provide to the Texas Juvenile Justice Department for inclusion   in the person's file information to be considered by the department   before the release under supervision or transfer for parole of the   person, and to be notified, if requested, of the person's release or   transfer for parole;                (8)  the right to be provided with a waiting area,   separate or secure from other witnesses, including the child   alleged to have committed the conduct and relatives of the child,   before testifying in any proceeding concerning the child, or, if a   separate waiting area is not available, other safeguards should be   taken to minimize the victim's contact with the child and the   child's relatives and witnesses, before and during court   proceedings;                (9)  the right to prompt return of any property of the   victim that is held by a law enforcement agency or the attorney for   the state as evidence when the property is no longer required for   that purpose;                (10)  the right to have the attorney for the state   notify the employer of the victim, if requested, of the necessity of   the victim's cooperation and testimony in a proceeding that may   necessitate the absence of the victim from work for good cause;                (11)  the right to be present at all public court   proceedings related to the conduct of the child as provided by   Section 54.08, subject to that section; and                (12)  any other right appropriate to the victim that a   victim of criminal conduct has under Subchapter B, Chapter 56A,   Code of Criminal Procedure.          SECTION 9.  Section 420.011(c), Government Code, is amended   to read as follows:          (c)  The attorney general shall adopt rules establishing   minimum standards for the certification of a sexual assault nurse   examiner and the renewal of that certification by the nurse   examiner, including standards for examiner training courses and for   the interstate reciprocity of sexual assault nurse examiners.  The   certification is valid for three [two] years from the date of   issuance.  The attorney general shall also adopt rules establishing   minimum standards for the suspension, decertification, or   probation of a sexual assault nurse examiner who violates this   chapter.          SECTION 10.  Sections 323.0046(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  A health care facility that has an emergency department   shall provide at least one hour of basic sexual assault response   training to facility employees and contractors who provide patient   admission functions, patient-related administrative support   functions, or direct patient care. The training must include   instruction on:                (1)  the provision of survivor-centered,   trauma-informed care to sexual assault survivors; and                (2)  the rights of sexual assault survivors under   Chapter 56A, Code of Criminal Procedure, including:                      (A)  the availability of a forensic medical   examination, including an examination that is available when a   sexual assault survivor does not report the assault to a law   enforcement agency; and                      (B)  the role of an advocate as defined by Section   420.003, Government Code, in responding to a sexual assault   survivor.          (b)  An employee or contractor described by Subsection (a)   who completes a continuing medical or nursing education course in   forensic evidence collection described by Section 156.057 or   301.306, Occupations Code, that is approved or recognized by the   appropriate licensing board is considered to have completed basic   sexual assault response training for purposes of this section.          SECTION 11.  Section 323.005(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission shall develop a standard information   form for sexual assault survivors that must include:                (1)  a detailed explanation of the forensic medical   examination required to be provided by law, including a statement   that photographs may be taken of the genitalia;                (2)  information regarding treatment of sexually   transmitted infections and pregnancy, including:                      (A)  generally accepted medical procedures;                      (B)  appropriate medications; and                      (C)  any contraindications of the medications   prescribed for treating sexually transmitted infections and   preventing pregnancy;                (3)  information regarding drug-facilitated sexual   assault, including the necessity for an immediate urine test for   sexual assault survivors who may have been involuntarily drugged;                (4)  information regarding crime victims compensation   and regarding the payment of costs and the reimbursements available   for care to be provided as described by Subchapter G, Chapter 56A,   Code of Criminal Procedure;                (5)  an explanation that consent for the forensic   medical examination may be withdrawn at any time during the   examination;                (6)  the name and telephone number of sexual assault   crisis centers statewide;                (7)  the names and contact information of legal aid   services providers statewide;                (8)  information regarding postexposure prophylaxis   for HIV infection;                (9) [(8)]  information regarding the period for which   biological evidence collected from the forensic medical   examination will be retained and preserved under Article 38.43,   Code of Criminal Procedure; and                (10) [(9)]  a statement that the survivor has the right   to access a shower for free after the forensic medical examination,   if shower facilities are available at the health care facility.          SECTION 12.  Section 323.0051(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission shall develop a standard information   form for sexual assault survivors who arrive at a health care   facility that is not a SAFE-ready facility.  The information form   must include:                (1)  information regarding the benefits of a forensic   medical examination conducted by a sexual assault forensic   examiner;                (2)  the Internet website address to the commission's   list of SAFE-ready facilities that includes the facilities'   physical addresses as required by Section 323.008;                (3)  the following statements:                      (A)  "As a survivor of sexual assault, you have   the right to receive a forensic medical examination for sexual   assault at this hospital emergency room if you are requesting the   examination not later than 120 hours after the assault.  For parents   or guardians of a minor child, your child has the right to receive   the forensic medical examination at any time, regardless of when   the assault occurred."; and                      (B)  "Call 1-800-656-HOPE to be connected to a   sexual assault crisis center for free and confidential   assistance."; [and]                (4)  the names and contact information of legal aid   services providers statewide; and                (5)  information on the procedure for submitting a   complaint against the health care facility.          SECTION 13.  Section 323.0052(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission shall develop a standard information   form that, as described by Subsection (b), is to be provided to   sexual assault survivors who have not given signed, written consent   to a health care facility to release the evidence as provided by   Section 420.0735, Government Code.  The form must include the   following information:                (1)  the Department of Public Safety's policy regarding   storage of evidence of a sexual assault or other sex offense that is   collected under Subchapter G, Chapter 56A, Code of Criminal   Procedure, including:                      (A)  a statement that the evidence will be stored   until the fifth anniversary of the date on which the evidence was   collected before the evidence becomes eligible for destruction; and                      (B)  the department's procedures regarding the   notification of the survivor through the statewide electronic   tracking system before a planned destruction of the evidence;                (2)  a statement that the survivor may request the   release of the evidence to a law enforcement agency and report a   sexual assault or other sex offense to the agency at any time;                (3)  the name, phone number, and e-mail address of the   law enforcement agency with jurisdiction over the offense; [and]                (4)  the name and phone number of a local sexual assault   crisis center; and                (5)  the names and contact information of legal aid   services providers statewide.          SECTION 14.  Section 323.053, Health and Safety Code, is   amended to read as follows:          Sec. 323.053.  MINIMUM STANDARDS FOR SAFE PROGRAMS.  A SAFE   program must:                (1)  operate under the active oversight of a medical   director who is a physician licensed by and in good standing with   the Texas Medical Board;                (2)  provide medical treatment under a physician's   order, standing medical order, standing delegation order, or other   order or protocol as defined by Texas Medical Board rules;                (3)  employ or contract with a sexual assault examiner   or a sexual assault nurse examiner;                (4)  provide access to a sexual assault program   advocate, as required by Subchapter H, Chapter 56A, Code of   Criminal Procedure;                (5)  ensure a sexual assault survivor has access to a   private treatment room;                (6)  if indicated by a survivor's history or on a   survivor's request, provide:                      (A)  HIV testing and prophylactic medication to   the survivor or a referral for the testing and medication; and                      (B)  counseling and prophylactic medications for   exposure to sexually transmitted infections and pregnancy;                (7)  provide to survivors the name and telephone number   of a nearby sexual assault program that provides to survivors the   minimum services described by Subchapter A, Chapter 420, Government   Code;                (8)  provide to survivors the information form required   by Section 323.005, 323.0051, or 323.0052, as applicable[, and   orally communicate the information regarding crime victims   compensation under Section 323.005(a)(4)];                (9)  collaborate with any sexual assault program, as   defined by Section 420.003, Government Code, that provides services   to survivors in the county;                (10)  engage in efforts to improve the quality of the   program;                (11)  maintain capacity for appropriate triage or have   agreements with other health facilities to assure that a survivor   receives the appropriate level of care indicated for the survivor's   medical and mental health needs;                (12)  prioritize the safety and well-being of   survivors;                (13)  provide a trauma-informed approach in the   forensic medical care provided to survivors; and                (14)  collaborate with:                      (A)  law enforcement agencies and attorneys   representing the state with jurisdiction in the county;                      (B)  any available local sexual assault response   team; and                      (C)  other interested persons in the community.          SECTION 15.  Section 351.257, Local Government Code, is   amended to read as follows:          Sec. 351.257.  REPORT.  (a) Not later than December 1 of   each odd-numbered year, a response team shall provide to the   commissioners court of each county the response team serves a   report that includes:                (1)  a list of response team members able to   participate in the quarterly meetings required by Section   351.254(c);                (2)  a copy of the written protocol developed under   Section 351.256; and                (3)  either:                      (A)  a biennial summary detailing:                            (i)  the number of sexual assault reports   received by local law enforcement agencies;                            (ii)  the number of investigations conducted   as a result of those reports;                            (iii)  the number of indictments presented   in connection with a report and the disposition of those cases; and                            (iv)  the number of reports of sexual   assault for which no indictment was presented; or                      (B)  an explanation of the reason the response   team failed to provide the information described by Paragraph (A).          (b)  Not later than February 1 of each even-numbered year,   the commissioners court of each county that receives a report   described by Subsection (a) during the preceding year shall submit   that report to the Sexual Assault Survivors' Task Force established   under Section 772.0064, Government Code.          SECTION 16.  Subchapter J, Chapter 351, Local Government   Code, is amended by adding Section 351.2571 to read as follows:          Sec. 351.2571.  NONCOMPLIANCE. Failure to comply with the   requirements of Section 351.257 may be used to determine   eligibility for receiving grant funds from the office of the   governor or another state agency.          SECTION 17.  Section 156.057, Occupations Code, is amended   to read as follows:          Sec. 156.057.  CONTINUING EDUCATION IN FORENSIC EVIDENCE   COLLECTION. (a) A physician licensed under this subtitle who   submits an application for renewal of a license to practice   medicine and whose practice includes treating patients in an   emergency room setting shall [may] complete at least two hours of   continuing medical education relating to:                (1)  the provision of trauma-informed care to sexual   assault survivors;                (2)  appropriate community referrals and prophylactic   medications;                (3)  the rights of a sexual assault survivor under   Chapter 56A, Code of Criminal Procedure, including the opportunity   to request the presence of an advocate as defined by Section   420.003, Government Code, and a forensic medical examination;                (4)  forensic evidence collection methods; and                (5)  applicable state law pertaining to the custody,   transfer, and tracking of forensic evidence.          (b)  The board shall adopt rules to establish the content of   continuing medical education relating to forensic evidence   collection.  The content of the continuing medical education must   conform to the evidence collection protocol distributed by the   attorney general under Section 420.031, Government Code. The board   may adopt other rules to implement this section.          (c)  The board may permit the continuing medical education   under this section to be counted toward the hours of continuing   medical education required by Section 156.051(a)(2).          SECTION 18.  Subchapter D, Chapter 204, Occupations Code, is   amended by adding Section 204.1563 to read as follows:          Sec. 204.1563.  CONTINUING EDUCATION IN FORENSIC EVIDENCE   COLLECTION. (a) A physician assistant licensed under this chapter   whose practice includes treating patients in an emergency room   setting shall complete at least two hours of continuing medical   education relating to:                (1)  the provision of trauma-informed care to sexual   assault survivors;                (2)  appropriate community referrals and prophylactic   medications;                (3)  the rights of a sexual assault survivor under   Chapter 56A, Code of Criminal Procedure, including the opportunity   to request the presence of an advocate as defined by Section   420.003, Government Code, and a forensic medical examination;                (4)  forensic evidence collection methods; and                (5)  applicable state law pertaining to the custody,   transfer, and tracking of forensic evidence.          (b)  The content of the continuing medical education   relating to forensic evidence collection must conform to the   evidence collection protocol distributed by the attorney general   under Section 420.031, Government Code.          (c)  The board may permit the continuing medical education   under this section to be counted toward the continuing education   requirements under Section 204.1562(a)(2).          SECTION 19.  Sections 2402.107(a) and (b), Occupations Code,   are amended to read as follows:          (a)  Before permitting an individual to log in as a driver on   the company's digital network, a transportation network company   must:                (1)  confirm that the individual:                      (A)  is at least 18 years of age;                      (B)  maintains a valid driver's license issued by   this state, another state, or the District of Columbia; and                      (C)  possesses proof of registration and   automobile financial responsibility for each motor vehicle to be   used to provide digitally prearranged rides;                (2)  conduct, or cause to be conducted, a local, state,   and national criminal background check for the individual that   includes the use of:                      (A)  a commercial multistate and   multijurisdiction criminal records locator or other similar   commercial nationwide database; [and]                      (B)  the national sex offender public website   maintained by the United States Department of Justice or a   successor agency; and                      (C)  the state sex offender public website   maintained by the Department of Public Safety; and                (3)  obtain and review the individual's driving record.          (b)  A transportation network company may not permit an   individual to log in as a driver on the company's digital network if   the individual:                (1)  has been convicted in the three-year period   preceding the issue date of the driving record obtained under   Subsection (a)(3) of:                      (A)  more than three offenses classified by the   Department of Public Safety as moving violations; or                      (B)  one or more of the following offenses:                            (i)  fleeing or attempting to elude a police   officer under Section 545.421, Transportation Code;                            (ii)  reckless driving under Section   545.401, Transportation Code;                            (iii)  driving without a valid driver's   license under Section 521.025, Transportation Code; or                            (iv)  driving with an invalid driver's   license under Section 521.457, Transportation Code;                (2)  has been convicted in the preceding seven-year   period of any of the following:                      (A)  driving while intoxicated under Section   49.04 or 49.045, Penal Code;                      (B)  use of a motor vehicle to commit a felony;                      (C)  a felony crime involving property damage;                      (D)  fraud;                      (E)  theft;                      (F)  an act of violence; or                      (G)  an act of terrorism; or                (3)  is found to be registered in the national sex   offender public website maintained by the United States Department   of Justice or a successor agency or in the state sex offender public   website maintained by the Department of Public Safety.          SECTION 20.  Section 92.0161(c), Property Code, is amended   to read as follows:          (c)  If the tenant is a victim or a parent or guardian of a   victim of sexual assault under Section 22.011, Penal Code,   aggravated sexual assault under Section 22.021, Penal Code,   indecency with a child under Section 21.11, Penal Code, sexual   performance by a child under Section 43.25, Penal Code, continuous   sexual abuse of young child or disabled individual under Section   21.02, Penal Code, or an attempt to commit any of the foregoing   offenses under Section 15.01, Penal Code, that takes place during   the preceding six-month period [on the premises or at any dwelling   on the premises], the tenant shall provide to the landlord or the   landlord's agent a copy of:                (1)  documentation of the assault or abuse, or   attempted assault or abuse, of the victim from a licensed health   care services provider who examined the victim;                (2)  documentation of the assault or abuse, or   attempted assault or abuse, of the victim from a licensed mental   health services provider who examined or evaluated the victim;                (3)  documentation of the assault or abuse, or   attempted assault or abuse, of the victim from an individual   authorized under Chapter 420, Government Code, who provided   services to the victim; or                (4)  documentation of a protective order issued under   Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a   temporary ex parte order.          SECTION 21.  Section 323.005(d), Health and Safety Code, is   repealed.          SECTION 22.  The changes in law made by this Act to Chapter   56A, Code of Criminal Procedure, apply only to a sexual assault or   other sex offense that is first reported or for which medical care   is first sought on or after the effective date of this Act.  A sexual   assault or other sex offense that is first reported or for which   medical care was first sought before the effective date of this Act   is governed by the law in effect on the date the sexual assault was   reported or the medical care was sought, and the former law is   continued in effect for that purpose.          SECTION 23.  Section 420.011(c), Government Code, as amended   by this Act, applies only to an application for renewal of a sexual   assault nurse examiner certificate filed on or after the effective   date of this Act.  An application for renewal of a certificate filed   before the effective date of this Act is governed by the law in   effect on the date the application was filed, and the former law is   continued in effect for that purpose.          SECTION 24.  Section 156.057, Occupations Code, as amended   by this Act, and Section 204.1563, Occupations Code, as added by   this Act, apply to an application for the renewal of a license filed   on or after September 1, 2026.  An application for the renewal of a   license filed before that date is governed by the law in effect on   the date the application was filed, and the former law is continued   in effect for that purpose.          SECTION 25.  Not later than June 1, 2026, the Texas Medical   Board shall adopt the rules required by Section 156.057,   Occupations Code, as amended by this Act.          SECTION 26.  Not later than June 1, 2026, the Texas Physician   Assistant Board shall adopt rules to implement Section 204.1563,   Occupations Code, as added by this Act.          SECTION 27.  This Act takes effect September 1, 2025.