By: Huffman S.B. No. 1021     (Harless, Ashby, Dean, Bell of Kaufman, Wharton)           A BILL TO BE ENTITLED   AN ACT   relating to changing the eligibility for community supervision of a   person convicted of stalking and to the offense of improper contact   with the person's victim.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.054(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Article 42A.053 does not apply to a defendant adjudged   guilty of an offense under:                (1)  Section 15.03, Penal Code, if the offense is   punishable as a felony of the first degree;                (2)  Section 19.02, Penal Code (Murder);                (3)  Section 19.03, Penal Code (Capital Murder);                (4)  Section 20.04, Penal Code (Aggravated   Kidnapping);                (5)  Section 20A.02, Penal Code (Trafficking of   Persons);                (6)  Section 20A.03, Penal Code (Continuous   Trafficking of Persons);                (7)  Section 21.11, Penal Code (Indecency with a   Child);                (8)  Section 22.011, Penal Code (Sexual Assault);                (9)  Section 22.021, Penal Code (Aggravated Sexual   Assault);                (10)  Section 22.04(a)(1), Penal Code (Injury to a   Child, Elderly Individual, or Disabled Individual), if:                      (A)  the offense is punishable as a felony of the   first degree; and                      (B)  the victim of the offense is a child;                (11)  Section 29.03, Penal Code (Aggravated Robbery);                (12)  Section 30.02, Penal Code (Burglary), if:                      (A)  the offense is punishable under Subsection   (d) of that section; and                      (B)  the actor committed the offense with the   intent to commit a felony under Section 21.02, 21.11, 22.011,   22.021, or 25.02, Penal Code;                (13)  Section 42.072, Penal Code (Stalking);                (14)  Section 43.04, Penal Code (Aggravated Promotion   of Prostitution);                (15) [(14)]  Section 43.05, Penal Code (Compelling   Prostitution);                (16) [(15)]  Section 43.25, Penal Code (Sexual   Performance by a Child);                (17) [(16)]  Section 43.26, Penal Code (Possession or   Promotion of Child Pornography);                (18) [(17)]  Chapter 481, Health and Safety Code, for   which punishment is increased under:                      (A)  Section 481.140 of that code (Use of Child in   Commission of Offense); or                      (B)  Section 481.134(c), (d), (e), or (f) of that   code (Drug-free Zones) if it is shown that the defendant has been   previously convicted of an offense for which punishment was   increased under any of those subsections; or                (19) [(18)]  Section 481.1123, Health and Safety Code   (Manufacture or Delivery of Substance in Penalty Group 1-B), if the   offense is punishable under Subsection (d), (e), or (f) of that   section.          SECTION 2.  Section 773.0614(c), Health and Safety Code, is   amended to read as follows:          (c)  A certificate holder's certificate shall be revoked if   the certificate holder has been convicted of or placed on deferred   adjudication community supervision or deferred disposition for:                (1)  an offense listed in Article 42A.054(a)(2), (3),   (4), (7), (8), (9), (11), or (18) [(17)], Code of Criminal   Procedure; or                (2)  an offense, other than an offense described by   Subdivision (1), committed on or after September 1, 2009, for which   the person is subject to registration under Chapter 62, Code of   Criminal Procedure.          SECTION 3.  Section 773.06141(a), Health and Safety Code, as   effective April 1, 2025, is amended to read as follows:          (a)  The department may suspend, revoke, or deny an emergency   medical services provider license on the grounds that the   provider's administrator of record, employee, or other   representative:                (1)  has been convicted of, or placed on deferred   adjudication community supervision or deferred disposition for, an   offense that directly relates to the duties and responsibilities of   the administrator, employee, or representative, other than an   offense described by Section 542.304, Transportation Code;                (2)  has been convicted of or placed on deferred   adjudication community supervision or deferred disposition for an   offense, including:                      (A)  an offense listed in Article 42A.054(a)(2),   (3), (4), (7), (8), (9), (11), or (18) [(17)], Code of Criminal   Procedure; or                      (B)  an offense, other than an offense described   by Subdivision (1), for which the person is subject to registration   under Chapter 62, Code of Criminal Procedure; or                (3)  has been convicted of Medicare or Medicaid fraud,   has been excluded from participation in the state Medicaid program,   or has a hold on payment for reimbursement under the state Medicaid   program under Subchapter G, Chapter 544, Government Code.          SECTION 4.  Section 38.111(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person, while   confined in a correctional facility after being charged with or   convicted of an offense under Section 42.072 or listed in Article   62.001(5), Code of Criminal Procedure, contacts by letter,   telephone, or any other means, either directly or through a third   party, a victim of the offense or a member of the victim's family,   if the director of the correctional facility has not, before the   person makes contact with the victim:                (1)  received written and dated consent to the contact   from:                      (A)  the victim, if the victim was 17 years of age   or older at the time of the commission of the offense for which the   person is confined; or                      (B)  if the victim was younger than 17 years of age   at the time of the commission of the offense for which the person is   confined:                            (i)  a parent of the victim;                            (ii)  a legal guardian of the victim;                            (iii)  the victim, if the victim is 17 years   of age or older at the time of giving the consent; or                            (iv)  a member of the victim's family who is   17 years of age or older; and                (2)  provided the person with a copy of the consent.          SECTION 5.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 6.  This Act takes effect September 1, 2025.