85R24569 SCL-F     By: Burns, Shine, Paul, Burkett, Nevárez, H.B. No. 2858       et al.     Substitute the following for H.B. No. 2858:     By:  Paddie C.S.H.B. No. 2858       A BILL TO BE ENTITLED   AN ACT   relating to human trafficking signs at abortion facilities and   offenses associated with human trafficking and forced abortion;   increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 245, Health and Safety Code, is amended   by adding Section 245.025 to read as follows:          Sec. 245.025.  HUMAN TRAFFICKING SIGNS REQUIRED. (a) An   abortion facility shall display separate signs, in English,   Spanish, and any additional language as required by Subsection (b),   side by side in accordance with this section in each restroom and   patient consulting room. The signs must include the following   information:                (1)  no person, including an individual's parents, may   force any individual to have an abortion;                (2)  it is illegal for a person to force an individual   to engage in sexual acts;                (3)  a woman who needs help may call or text a state or   national organization that assists victims of human trafficking and   forced abortions; and                (4)  the toll-free number of an organization described   by Subdivision (3).          (b)  Signs required under this section must be in English and   Spanish. If an abortion facility is located in a political   subdivision required to provide election materials in a language   other than English or Spanish under Section 272.011, Election Code,   the facility shall display a separate sign in that language.          (c)  Signs required under this section must be at least 8-1/2   by 11 inches in size and displayed in a conspicuous manner clearly   visible to the public and employees of an abortion facility. The   notice must cover at least four-fifths of the sign.          (d)  The executive commissioner shall adopt rules as   necessary to implement and enforce this section.          SECTION 2.  Section 20A.02(b), Penal Code, is amended to   read as follows:          (b)  Except as otherwise provided by this subsection, 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 the actor commits   the offense; [or]                (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.          SECTION 3.  Sections 22.01(b) and (c), Penal Code, are   amended to read as follows:          (b)  An offense under Subsection (a)(1) is a Class A   misdemeanor, except that the offense is a felony of the third degree   if the offense is committed against:                (1)  a person the actor knows is a public servant while   the public servant is lawfully discharging an official duty, or in   retaliation or on account of an exercise of official power or   performance of an official duty as a public servant;                (2)  a person whose relationship to or association with   the defendant is described by Section 71.0021(b), 71.003, or   71.005, Family Code, if:                      (A)  it is shown on the trial of the offense that   the defendant has been previously convicted of an offense under   this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11   against a person whose relationship to or association with the   defendant is described by Section 71.0021(b), 71.003, or 71.005,   Family Code; or                      (B)  the offense is committed by intentionally,   knowingly, or recklessly impeding the normal breathing or   circulation of the blood of the person by applying pressure to the   person's throat or neck or by blocking the person's nose or mouth;                (3)  a person who contracts with government to perform   a service in a facility as defined by Section 1.07(a)(14), Penal   Code, or Section 51.02(13) or (14), Family Code, or an employee of   that person:                      (A)  while the person or employee is engaged in   performing a service within the scope of the contract, if the actor   knows the person or employee is authorized by government to provide   the service; or                      (B)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract;                (4)  a person the actor knows is a security officer   while the officer is performing a duty as a security officer; [or]                (5)  a person the actor knows is emergency services   personnel while the person is providing emergency services; or                (6)  a pregnant individual to force the individual to   have an abortion.          (c)  An offense under Subsection (a)(2) or (3) is a Class C   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the offense is committed   under Subsection (a)(3) against an elderly individual or disabled   individual, as those terms are defined by Section 22.04; [or]                (2)  a Class B misdemeanor if the offense is committed   by a person who is not a sports participant against a person the   actor knows is a sports participant either:                      (A)  while the participant is performing duties or   responsibilities in the participant's capacity as a sports   participant; or                      (B)  in retaliation for or on account of the   participant's performance of a duty or responsibility within the   participant's capacity as a sports participant; or                (3)  a Class A misdemeanor if the offense is committed   against a pregnant individual to force the individual to have an   abortion.          SECTION 4.  (a)  Not later than December 1, 2017, the   executive commissioner of the Health and Human Services Commission   shall adopt the rules necessary to implement Section 245.025,   Health and Safety Code, as added by this Act.          (b)  An abortion facility is not required to comply with   Section 245.025, Health and Safety Code, as added by this Act,   before January 1, 2018.          SECTION 5.  Sections 20A.02 and 22.01, Penal Code, as   amended 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 that 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 was committed before that date.          SECTION 6.  This Act takes effect September 1, 2017.