87R1493 LHC-F     By: González of Dallas H.B. No. 2783       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of the offense of   prostitution and to a fine imposed on conviction of certain   trafficking of persons and prostitution offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 102, Code of Criminal   Procedure, is amended by adding Article 102.0187 to read as   follows:          Art. 102.0187.  FINES: COMMERCIAL SEXUAL EXPLOITATION   VICTIM FUND. (a) The commercial sexual exploitation victim fund is   a dedicated account in the general revenue fund.          (b)  A person convicted of an offense under Section 20A.02,   20A.03, or 43.02(b), Penal Code, shall pay $500 as a fine on   conviction of the offense.          (c)  For purposes of this article, a person is considered to   have been convicted if:                (1)  a sentence is imposed on the person; or                (2)  the person receives community supervision,   including deferred adjudication community supervision.          (d)  Fines imposed under this article are collected in the   same manner as other fines or costs.  An officer collecting the   fines shall keep separate records of the funds collected as fines   under this article and shall deposit the funds in the county   treasury.          (e)  The custodian of a county treasury shall:                (1)  keep records of the amount of funds on deposit   collected under this article; and                (2)  send to the comptroller before the last day of the   first month following each calendar quarter the funds collected   under this article during the preceding quarter.          (f)  If no funds due as fines under this article are   deposited in a county treasury in a calendar quarter, the custodian   of the treasury shall file the report required for the quarter in   the regular manner and must state that no funds were collected.          (g)  The comptroller shall deposit the funds received under   this article to the credit of a dedicated account in the general   revenue fund to be known as the commercial sexual exploitation   victim fund.  The legislature may appropriate money from the   account only to the criminal justice division of the governor's   office to enable that division to provide funds for services and   programs directed toward victims of conduct that constitutes an   offense under Section 20A.02 or 43.05, Penal Code, including:                (1)  diversion programs for victims who have been   charged with an offense;                (2)  housing;                (3)  vocational services;                (4)  counseling;                (5)  substance abuse recovery services;                (6)  mental health services; and                (7)  prostitution prevention programs.          (h)  Funds collected under this article are subject to audit   by the comptroller.          SECTION 2.  Section 43.02, Penal Code, is amended by adding   Subsection (b-1) and amending Subsection (c) to read as follows:          (b-1)  A person may not be prosecuted for an offense under   Subsection (a) that the person committed when younger than 18 years   of age.          (c)  An offense under Subsection (a) is a Class B   misdemeanor, except that the offense is[:                [(1)  a Class A misdemeanor if the actor has previously   been convicted one or two times of an offense under Subsection (a);   or                [(2)]  a  Class A misdemeanor [state jail felony] if the   actor has previously been convicted three or more times of an   offense under Subsection (a).          SECTION 3.  (a) Article 102.0187, Code of Criminal   Procedure, as added by this Act, applies only to a fine on   conviction for 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.          (b)  Section 43.02, Penal Code, as amended by this Act,   applies only to an offense committed on or after the effective date   of this Act. An offense committed before the effective date of this   Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose.          (c)  For the 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 4.  This Act takes effect September 1, 2021.