89R4524 EAS-D     By: Perry, Flores S.B. No. 1610       A BILL TO BE ENTITLED   AN ACT   relating to sexually violent predators, to the Texas Civil   Commitment Office, and to the prosecution of the offense of   harassment by sexually violent predators and other persons confined   in certain facilities; amending and harmonizing certain statute of   limitations provisions; amending certain sex offender registration   requirements; changing the eligibility for community supervision,   parole, and mandatory supervision for sexually violent predators;   creating a criminal offense; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 3.03, Penal Code, is amended by adding   Subsection (f) to read as follows:          (f)  Notwithstanding any other law, if the accused is found   guilty in a single criminal action of more than one offense arising   from the same criminal episode or if a plea agreement is reached in   a case in which the accused was charged with more than one offense   arising out of the same criminal episode, the sentences shall run   consecutively if the accused was civilly committed as a sexually   violent predator under Chapter 841, Health and Safety Code, at the   time that any of the offenses were committed, regardless of whether   the accused is convicted of or charged with violations of the same   section more than once or is convicted of or charged with violations   of more than one section.          SECTION 2.  Section 3.04, Penal Code, is amended by amending   Subsection (b) and adding Subsection (b-1) to read as follows:          (b)  Except as provided by Subsection (b-1), in [In] the   event of severance under this section, the provisions of Section   3.03 do not apply, and the court in its discretion may order the   sentences to run either concurrently or consecutively.          (b-1)  In the event of severance under this section, the   provisions of Section 3.03(f) apply, and the court shall order the   sentences to run consecutively as provided by that subsection.          SECTION 3.  Section 12.42, Penal Code, is amended by   amending Subsection (d) and adding Subsection (e) to read as   follows:          (d)  Except as provided by Subsection (c)(2), [or] (c)(4), or   (e), if it is shown on the trial of a felony offense other than a   state jail felony punishable under Section 12.35(a) that the   defendant has previously been finally convicted of two felony   offenses, and the second previous felony conviction is for an   offense that occurred subsequent to the first previous conviction   having become final, on conviction the defendant shall be punished   by imprisonment in the Texas Department of Criminal Justice for   life, or for any term of not more than 99 years or less than 25   years. A previous conviction for a state jail felony punishable   under Section 12.35(a) may not be used for enhancement purposes   under this subsection.          (e)  Notwithstanding Subsection (c) or (d), if it is shown on   the trial of a felony offense other than a state jail felony   punishable under Section 12.35(a) that the defendant was civilly   committed as a sexually violent predator under Chapter 841, Health   and Safety Code, at the time of the offense, on conviction the   defendant shall be punished by imprisonment in the Texas Department   of Criminal Justice for life.          SECTION 4.  Section 21.08(b), Penal Code, as amended by   Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (b)  An offense under this section is a Class B misdemeanor,   except that the offense is:                (1)  a Class A misdemeanor if it is shown on the trial   of the offense that the defendant has been previously convicted one   time of an offense under this section; [and]                (2)  a state jail felony if it is shown on the trial of   the offense that the defendant has been previously convicted two or   more times of an offense under this section; or                (3)  a felony of the third degree if the actor is   civilly committed as a sexually violent predator under Chapter 841,   Health and Safety Code.          SECTION 5.  Section 22.01, Penal Code, is amended by adding   Subsection (d-1) to read as follows:          (d-1)  The actor is presumed to have known the person   assaulted was a person described by Subsection (b-1)(2)(A) or (B),   as applicable, if the person was wearing a distinctive uniform or   badge indicating the person's status as an officer or employee of   the Texas Civil Commitment Office or a contractor or employee of a   contractor performing a service in a civil commitment facility.          SECTION 6.  Section 22.012(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a Class A misdemeanor,   except that the offense is:                (1)  a state jail felony if it is shown on the trial of   the offense that:                      (A)  the defendant has been previously convicted   of an offense under this section, other than an offense punishable   under Paragraph (B); or                      (B)  the defendant is a health care services   provider or a mental health services provider and the act is:                            (i)  committed during the course of   providing a treatment or service to the victim; and                            (ii)  beyond the scope of generally accepted   practices for the treatment or service; [or]                (2)  a felony of the third degree if it is shown on the   trial of the offense that the defendant has been previously   convicted of an offense under this section that is punishable under   Subdivision (1)(B); or                (3)  a felony of the third degree if it is shown on the   trial of the offense that the defendant was civilly committed as a   sexually violent predator under Chapter 841, Health and Safety   Code, at the time of the offense.          SECTION 7.  Section 22.02, Penal Code, is amended by   amending Subsection (b) and adding Subsection (c-1) to read as   follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if:                (1)  the actor uses a deadly weapon during the   commission of the assault and causes:                      (A)  serious bodily injury to 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)  a traumatic brain or spine injury to another   that results in a persistent vegetative state or irreversible   paralysis;                (2)  regardless of whether the offense is committed   under Subsection (a)(1) or (a)(2), the offense is committed:                      (A)  by a public servant acting under color of the   servant's office or employment;                      (B)  against 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;                      (C)  in retaliation against or on account of the   service of another as a witness, prospective witness, informant, or   person who has reported the occurrence of a crime;                      (D)  against a person the actor knows is a process   server while the person is performing a duty as a process server;   [or]                      (E)  against a person the actor knows is a   security officer while the officer is performing a duty as a   security officer; or                      (F)  by an actor who is committed to a civil   commitment facility, against:                            (i)  a person the actor knows is an officer   or employee of the Texas Civil Commitment Office:                                  (a)  while the officer or employee is   lawfully discharging an official duty; or                                  (b)  in retaliation for or on account   of an exercise of official power or performance of an official duty   by the officer or employee; or                            (ii)  a person the actor knows is   contracting with the state to perform a service in a civil   commitment facility or an employee of that person:                                  (a)  while the person or employee is   engaged in performing a service within the scope of the contract; 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;                (3)  the actor is in a motor vehicle, as defined by   Section 501.002, Transportation Code, and:                      (A)  knowingly discharges a firearm at or in the   direction of a habitation, building, or vehicle;                      (B)  is reckless as to whether the habitation,   building, or vehicle is occupied; and                      (C)  in discharging the firearm, causes serious   bodily injury to any person; or                (4)  the actor commits the assault as part of a mass   shooting.          (c-1)  The actor is presumed to have known the person   assaulted was a person described by Subsection (b)(2)(F)(i) or   (ii), as applicable, if the person was wearing a distinctive   uniform or badge indicating the person's status as an officer or   employee of the Texas Civil Commitment Office or a contractor or   employee of a contractor performing a service in a civil commitment   facility.          SECTION 8.  Section 22.07, Penal Code, is amended by   amending Subsections (c) and (c-1) and adding Subsection (f-1) to   read as follows:          (c)  An offense under Subsection (a)(2) is a Class B   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the offense:                      (A) [(1)]  is committed against a member of the   person's family or household or otherwise constitutes family   violence; or                      (B) [(2)]  is committed against a public servant;   or                 (2)  a felony of the third degree if the offense is   committed:                      (A)  by an actor who is committed to a civil   commitment facility; and                      (B)  against:                            (i)  a person the actor knows is an officer   or employee of the Texas Civil Commitment Office:                                  (a)  while the officer or employee is   lawfully discharging an official duty; or                                  (b)  in retaliation for or on account   of an exercise of official power or performance of an official duty   by the officer or employee; or                            (ii)  a person the actor knows is   contracting with the state to perform a service in a civil   commitment facility or an employee of that person:                                  (a)  while the person or employee is   engaged in performing a service within the scope of the contract; 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.          (c-1)  Notwithstanding Subsection (c)(1)(B) [(c)(2)], an   offense under Subsection (a)(2) is a state jail felony if the   offense is committed against a person the actor knows is a peace   officer or judge.          (f-1)  For purposes of Subsection (c)(2), the actor is   presumed to have known the person threatened was a person described   by Subsection (c)(2)(B)(i) or (ii), as applicable, if the person   was wearing a distinctive uniform or badge indicating the person's   status as an officer or employee of the Texas Civil Commitment   Office or a contractor or employee of a contractor performing a   service in a civil commitment facility.          SECTION 9.  Section 22.11, Penal Code, is amended by   amending Subsection (a) and adding Subsections (f) and (g) to read   as follows:          (a)  A person commits an offense if, with the intent to   assault, harass, annoy, [or] alarm, abuse, torment, or embarrass   the person:                (1)  while imprisoned or confined in a correctional or   detention facility:                      (A)[,] causes another person to contact the blood,   seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,   any other person, or an animal; or                      (B)  disperses, sprays, spits, smears, or throws a   substance described by Paragraph (A) in a correctional or detention   facility in a manner that could cause:                            (i)  another person to contact the   substance; or                            (ii)  an officer or employee of the   correctional or detention facility to clean up the substance;                (2)  while committed to a civil commitment facility[,   causes]:                      (A)  causes an officer or employee of the Texas   Civil Commitment Office to contact the blood, seminal fluid,   vaginal fluid, saliva, urine, or feces of the actor, any other   person, or an animal:                            (i)  while the officer or employee is   lawfully discharging an official duty at a civil commitment   facility; or                            (ii)  in retaliation for or on account of an   exercise of official power or performance of an official duty by the   officer or employee; [or]                      (B)  disperses, sprays, spits, smears, or throws a   substance described by Paragraph (A) in a civil commitment facility   in a manner that could cause an officer or employee of the Texas   Civil Commitment Office to contact the substance or clean up the   substance:                            (i)  while the officer or employee is   lawfully discharging an official duty at a civil commitment   facility; or                            (ii)  in retaliation for or on account of an   exercise of official power or performance of an official duty by the   officer or employee;                      (C)  causes a person who contracts with the state   to perform a service in the facility or an employee of that person   to contact the blood, seminal fluid, vaginal fluid, saliva, urine,   or feces of the actor, any other person, or an animal:                            (i)  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 the state to   provide the service; or                            (ii)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract; or                      (D)  disperses, sprays, spits, smears, or throws a   substance described by Paragraph (A) in a civil commitment facility   in a manner that could cause a person who contracts with the state   to perform a service in the facility or an employee of that person   to contact the substance or clean up the substance:                            (i)  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 the state to   provide the service; or                            (ii)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract; or                (3)  causes another person the actor knows to be a   public servant to contact the blood, seminal fluid, vaginal fluid,   saliva, urine, or feces of the actor, any other person, or an animal   while the public servant is lawfully discharging an official duty   or in retaliation or on account of an exercise of the public   servant's official power or performance of an official duty.          (f)  For purposes of Subsection (a)(2), the actor is presumed   to have known the person was an officer or employee of the Texas   Civil Commitment Office or a person who contracts with the state to   perform a service in a civil commitment facility or an employee of   that person, as applicable, if the person was wearing a distinctive   uniform or badge indicating the person's status as an officer or   employee of the Texas Civil Commitment Office or a contractor or   employee of a contractor performing a service in a civil commitment   facility.          (g)  It is not a defense to prosecution under Subsection (a)   that the actor warned any person that the actor intended to   recklessly violate Subsection (a).          SECTION 10.  Section 38.11, Penal Code, is amended by   amending Subsection (a) and adding Subsection (l) to read as   follows:          (a)  A person commits an offense if the person provides, or   possesses with the intent to provide:                (1)  an alcoholic beverage, controlled substance, or   dangerous drug to a person in the custody of a correctional facility   or residing in a civil commitment facility, except on the   prescription of a practitioner;                (2)  a deadly weapon to a person in the custody of a   correctional facility or residing in a civil commitment facility;                (3)  a cellular telephone or other wireless   communications device or a component of one of those devices to a   person in the custody of a correctional facility;                (4)  money to a person confined in a correctional   facility; [or]                (5)  a cigarette or tobacco product to a person   confined in a correctional facility, except that if the facility is   a local jail regulated by the Commission on Jail Standards, the   person commits an offense only if providing the cigarette or   tobacco product violates a rule or regulation adopted by the   sheriff or jail administrator that:                      (A)  prohibits the possession of a cigarette or   tobacco product by a person confined in the jail; or                      (B)  places restrictions on:                            (i)  the possession of a cigarette or   tobacco product by a person confined in the jail; or                            (ii)  the manner in which a cigarette or   tobacco product may be provided to a person confined in the jail; or                (6)  a cigarette, e-cigarette, nicotine product, or   tobacco product to a person residing in a civil commitment   facility.          (l)  A person commits an offense if the person, while   residing in a civil commitment facility:                (1)  possesses a cigarette, e-cigarette, nicotine   product, or tobacco product; or                (2)  manufactures an alcoholic beverage.          SECTION 11.  Section 38.11(f), Penal Code, is amended by   adding Subdivisions (7) and (8) to read as follows:                (7)  "E-cigarette" has the meaning assigned by Section   161.081, Health and Safety Code.                (8)  "Nicotine product" means a product that contains   nicotine from any source, regardless of whether the product is a   tobacco product.           SECTION 12.  The heading to Section 38.115, Penal Code, is   amended to read as follows:          Sec. 38.115.  OPERATION OF UNMANNED AIRCRAFT OVER   CORRECTIONAL FACILITY, [OR] DETENTION FACILITY, OR CIVIL   COMMITMENT FACILITY.          SECTION 13.  Section 38.115(a)(1), Penal Code, is amended to   read as follows:                (1)  "Contraband" means any item not provided by or   authorized by the operator of a correctional facility, [or]   detention facility, or civil commitment facility.          SECTION 14.  Sections 38.115(b), (c), and (d), Penal Code,   are amended to read as follows:          (b)  A person commits an offense if the person intentionally   or knowingly:                (1)  operates an unmanned aircraft over a correctional   facility, [or] detention facility, or civil commitment facility and   the unmanned aircraft is not higher than 400 feet above ground   level;                (2)  allows an unmanned aircraft to make contact with a   correctional facility, [or] detention facility, or civil   commitment facility, including any person or object on the premises   of or within the facility; or                (3)  allows an unmanned aircraft to come within a   distance of a correctional facility, [or] detention facility, or   civil commitment facility that is close enough to interfere with   the operations of or cause a disturbance to the facility.          (c)  This section does not apply to conduct described by   Subsection (b) that is committed by:                (1)  the federal government, this state, or a   governmental entity;                (2)  a person under contract with or otherwise acting   under the direction or on behalf of the federal government, this   state, or a governmental entity;                (3)  a person who has the prior written consent of the   owner or operator of the correctional facility, [or] detention   facility, or civil commitment facility;                (4)  a law enforcement agency; or                (5)  a person under contract with or otherwise acting   under the direction or on behalf of a law enforcement agency.          (d)  An offense under this section is a Class B misdemeanor,   except that the offense is:                (1)  a Class A misdemeanor if the actor has previously   been convicted under this section; or                (2)  a state jail felony if, during the commission of   the offense, the actor used the unmanned aircraft to:                      (A)  provide contraband to a person in the custody   of the correctional facility, [or] detention facility, or civil   commitment facility; or                      (B)  otherwise introduce contraband into the   correctional facility, [or] detention facility, or civil   commitment facility.          SECTION 15.  Article 12.01, Code of Criminal Procedure, as   amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),   422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),   709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),   and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,   2023, is reenacted and amended to read as follows:          Art. 12.01.  FELONIES. Except as provided in Articles   12.015 and 12.03, felony indictments may be presented within these   limits, and not afterward:                (1)  no limitation:                      (A)  murder and manslaughter;                      (B)  sexual assault under Section 22.011(a)(2),   Penal Code, or aggravated sexual assault under Section   22.021(a)(1)(B), Penal Code;                      (C)  sexual assault, if:                            (i)  during the investigation of the offense   biological matter is collected and the matter:                                  (a)  has not yet been subjected to   forensic DNA testing; or                                  (b)  has been subjected to forensic DNA   testing and the testing results show that the matter does not match   the victim or any other person whose identity is readily   ascertained; or                            (ii)  probable cause exists to believe that   the defendant has committed the same or a similar sex offense   against five or more victims;                      (D)  continuous sexual abuse of young child or   disabled individual under Section 21.02, Penal Code;                      (E)  indecency with a child under Section 21.11,   Penal Code;                      (F)  an offense involving leaving the scene of a   collision under Section 550.021, Transportation Code, if the   collision resulted in the death of a person;                      (G)  trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code;                      (H)  continuous trafficking of persons under   Section 20A.03, Penal Code;                      (I)  compelling prostitution under Section   43.05(a)(2) or (3), Penal Code; [or]                      (J)  tampering with physical evidence under   Section 37.09(a)(1) or (d)(1), Penal Code, if:                            (i)  the evidence tampered with is a human   corpse, as defined by that section; or                            (ii)  the investigation of the offense shows   that a reasonable person in the position of the defendant at the   time of the commission of the offense would have cause to believe   that the evidence tampered with is related to a criminal homicide   under Chapter 19, Penal Code;                      (K) [(J)]  interference with child custody under   Section 25.03(a)(3), Penal Code;                      (L) [(J)]  burglary under Section 30.02, Penal   Code, if:                            (i)  the offense is punishable under   Subsection (d) of that section because the defendant entered a   habitation with the intent to commit an offense under Section   22.011 or 22.021, Penal Code; and                            (ii)  during the investigation of the   offense biological matter is collected and the matter:                                  (a)  has not yet been subjected to   forensic DNA testing; or                                  (b)  has been subjected to forensic DNA   testing and the testing results show that the matter does not match   the victim or any other person whose identity is readily   ascertained; or                      (M)  any felony offense if, at the time the   offense is committed, the person was civilly committed as a   sexually violent predator under Chapter 841, Health and Safety   Code;                (2)  ten years from the date of the commission of the   offense:                      (A)  theft of any estate, real, personal or mixed,   by an executor, administrator, guardian or trustee, with intent to   defraud any creditor, heir, legatee, ward, distributee,   beneficiary or settlor of a trust interested in such estate;                      (B)  theft by a public servant of government   property over which the public servant exercises control in the   public servant's official capacity;                      (C)  forgery or the uttering, using, or passing of   forged instruments;                      (D)  injury to an elderly or disabled individual   punishable as a felony of the first degree under Section 22.04,   Penal Code;                      (E)  sexual assault, except as provided by   Subdivision (1) or (9) [(8)];                      (F)  arson;                      (G)  trafficking of persons under Section   20A.02(a)(1), (2), (3), or (4), Penal Code; or                      (H)  compelling prostitution under Section   43.05(a)(1), Penal Code;                (3)  seven years from the date of the commission of the   offense:                      (A)  misapplication of fiduciary property or   property of a financial institution;                      (B)  fraudulent securing of document execution;                      (C)  a felony violation under Chapter 162, Tax   Code;                      (D)  false statement to obtain property or credit   under Section 32.32, Penal Code;                      (E)  money laundering;                      (F)  credit card or debit card abuse under Section   32.31, Penal Code;                      (G)  fraudulent use or possession of identifying   information under Section 32.51, Penal Code;                      (H)  exploitation of a child, elderly individual,   or disabled individual under Section 32.53, Penal Code;                      (I)  health care fraud under Section 35A.02, Penal   Code;                      (J)  bigamy under Section 25.01, Penal Code,   except as provided by Subdivision (7); or                      (K)  possession or promotion of child pornography   under Section 43.26, Penal Code;                (4)  five years from the date of the commission of the   offense:                      (A)  theft or robbery;                      (B)  except as provided by Subdivision (5),   kidnapping;                      (C) [(B-1)]  except as provided by Subdivision   (1) or (5), burglary;                      (D) [(C)]  injury to an elderly or disabled   individual that is not punishable as a felony of the first degree   under Section 22.04, Penal Code;                      (E) [(D)]  abandoning or endangering an [a   child,] elderly [individual,] or disabled individual;                      (F) [(E)]  insurance fraud;                      (G) [(F)]  assault under Section 22.01, Penal   Code, if the assault was committed 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;                      (H) [(G)]  continuous violence against the family   under Section 25.11, Penal Code; or                      (I) [(H)]  aggravated assault under Section   22.02, Penal Code;                (5)  if the investigation of the offense shows that the   victim is younger than 17 years of age at the time the offense is   committed, 20 years from the 18th birthday of the victim of one of   the following offenses:                      (A)  kidnapping under Section 20.03, Penal Code,   or aggravated kidnapping under Section 20.04, Penal Code; or                      (B)  subject to Subdivision (1)(L) [(1)(J)],   burglary under Section 30.02, Penal Code, if the offense is   punishable under Subsection (d) of that section because the   defendant entered a habitation with the intent to commit an offense   described by Subdivision (1)(B) or (D) of this article or Paragraph   (A) of this subdivision;                (6)  20 years from the 18th birthday of the victim of   one of the following offenses:                      (A)  trafficking of a child [persons] under   Section 20A.02(a)(5) or (6), Penal Code; or                      (B)  sexual performance by a child under Section   43.25, Penal Code;                (7)  ten years from the 18th birthday of the victim of   the offense:                      (A)  injury to a child under Section 22.04, Penal   Code;                      (B)  bigamy under Section 25.01, Penal Code, if   the investigation of the offense shows that the person, other than   the legal spouse of the defendant, whom the defendant marries or   purports to marry or with whom the defendant lives under the   appearance of being married is younger than 18 years of age at the   time the offense is committed; or                      (C) [(D)]  abandoning or endangering a child;                (8) [(7)]  ten years from the date the offense was   discovered: trafficking of a disabled individual under Section   20A.02(a)(5) or (6), Penal Code;                (9) [(8)]  two years from the date the offense was   discovered: sexual assault punishable as a state jail felony under   Section 22.011(f)(2), Penal Code; or                (10) [(9)]  three years from the date of the commission   of the offense: all other felonies.          SECTION 16.  Article 13A.554, Code of Criminal Procedure, is   amended to read as follows:          Art. 13A.554.  FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED   [FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL   COMMITMENT REQUIREMENT]. A felony [An] offense committed by a   person civilly committed under Chapter 841 [Section 841.085],   Health and Safety Code, may be prosecuted in:                (1)  any county in which an element of the offense   occurs; or                (2)  the court that retains jurisdiction over the civil   commitment proceeding under Section 841.082, Health and Safety   Code.          SECTION 17.  Article 14.03, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (b-1) to   read as follows:          (a)  Any peace officer may arrest, without warrant:                (1)  persons found in suspicious places and under   circumstances which reasonably show that such persons have been   guilty of some felony, violation of Title 9, Chapter 42, Penal Code,   breach of the peace, or offense under Section 49.02, Penal Code, or   threaten, or are about to commit some offense against the laws;                (2)  persons who the peace officer has probable cause   to believe have committed an assault resulting in bodily injury to   another person and the peace officer has probable cause to believe   that there is danger of further bodily injury to that person;                (3)  persons who the peace officer has probable cause   to believe have committed an offense defined by Section 25.07,   Penal Code, if the offense is not committed in the presence of the   peace officer;                (4)  persons who the peace officer has probable cause   to believe have committed an offense involving family violence;                (5)  persons who the peace officer has probable cause   to believe have prevented or interfered with an individual's   ability to place a telephone call in an emergency, as defined by   Section 42.062(d), Penal Code, if the offense is not committed in   the presence of the peace officer; [or]                (6)  a person who makes a statement to the peace officer   that would be admissible against the person under Article 38.21 and   establishes probable cause to believe that the person has committed   a felony; or                (7)  a person who the peace officer has probable cause   to believe has committed a felony offense while civilly committed   as a sexually violent predator under Chapter 841, Health and Safety   Code.          (b-1)  A peace officer shall arrest, without a warrant, a   person the peace officer has probable cause to believe has   committed a felony offense if:                (1)  the person is civilly committed as a sexually   violent predator under Chapter 841, Health and Safety Code; and                (2)  the offense is committed in the presence of the   peace officer or captured on a visual recording device.          SECTION 18.  Article 14.06(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Except as otherwise provided by this article, in each   case enumerated in this Code, the person making the arrest or the   person having custody of the person arrested shall take the person   arrested or have him taken without unnecessary delay, but not later   than 48 hours after the person is arrested, before the magistrate   who may have ordered the arrest, before some magistrate of the   county where the arrest was made without an order, or, to provide   more expeditiously to the person arrested the warnings described by   Article 15.17 [of this Code], before a magistrate in any other   county of this state.  The magistrate shall immediately perform the   duties described in Article 15.17 in any manner permitted by that   article [of this Code].          SECTION 19.  Articles 15.17(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  In each case enumerated in this Code, the person making   the arrest or the person having custody of the person arrested shall   without unnecessary delay, but not later than 48 hours after the   person is arrested, take the person arrested or have him taken   before some magistrate of the county where the accused was arrested   or, to provide more expeditiously to the person arrested the   warnings described by this article, before a magistrate in any   other county of this state. The arrested person may be taken before   the magistrate in person or the image of the arrested person may be   presented to the magistrate by means of a videoconference. If the   arrested person is civilly committed as a sexually violent predator   under Chapter 841, Health and Safety Code, and residing at a civil   commitment facility as defined by Section 1.07, Penal Code, the   magistrate may also choose to perform the duties of this article at   the civil commitment facility. The magistrate shall inform in   clear language the person arrested, either in person or through a   videoconference, of the accusation against him and of any affidavit   filed therewith, of his right to retain counsel, of his right to   remain silent, of his right to have an attorney present during any   interview with peace officers or attorneys representing the state,   of his right to terminate the interview at any time, and of his   right to have an examining trial. The magistrate shall also inform   the person arrested of the person's right to request the   appointment of counsel if the person cannot afford counsel. The   magistrate shall inform the person arrested of the procedures for   requesting appointment of counsel. If applicable, the magistrate   shall inform the person that the person may file the affidavit   described by Article 17.028(f). If the person does not speak and   understand the English language or is deaf, the magistrate shall   inform the person in a manner consistent with Articles 38.30 and   38.31, as appropriate. The magistrate shall ensure that reasonable   assistance in completing the necessary forms for requesting   appointment of counsel is provided to the person at the same time.   If the person arrested is indigent and requests appointment of   counsel and if the magistrate is authorized under Article 26.04 to   appoint counsel for indigent defendants in the county, the   magistrate shall appoint counsel in accordance with Article 1.051.   If the magistrate is not authorized to appoint counsel, the   magistrate shall without unnecessary delay, but not later than 24   hours after the person arrested requests appointment of counsel,   transmit, or cause to be transmitted to the court or to the courts'   designee authorized under Article 26.04 to appoint counsel in the   county, the forms requesting the appointment of counsel. The   magistrate shall also inform the person arrested that he is not   required to make a statement and that any statement made by him may   be used against him. The magistrate shall allow the person arrested   reasonable time and opportunity to consult counsel and shall, after   determining whether the person is currently on bail for a separate   criminal offense and whether the bail decision is subject to   Article 17.027, admit the person arrested to bail if allowed by law.   A record of the communication between the arrested person and the   magistrate shall be made. The record shall be preserved until the   earlier of the following dates: (1) the date on which the pretrial   hearing ends; or (2) the 91st day after the date on which the record   is made if the person is charged with a misdemeanor or the 120th day   after the date on which the record is made if the person is charged   with a felony. For purposes of this subsection, "videoconference"   means a two-way electronic communication of image and sound between   the arrested person and the magistrate and includes secure Internet   videoconferencing.          (b)  After an accused charged with a misdemeanor punishable   by fine only is taken before a magistrate under Subsection (a) and   the magistrate has identified the accused with certainty, the   magistrate may release the accused without bond and order the   accused to appear at a later date for arraignment in the applicable   justice court or municipal court. The order must state in writing   the time, date, and place of the arraignment, and the magistrate   must sign the order. The accused shall receive a copy of the order   on release. If an accused fails to appear as required by the order,   the judge of the court in which the accused is required to appear   shall issue a warrant for the arrest of the accused. If the accused   is arrested and brought before the judge, the judge may admit the   accused to bail, and in admitting the accused to bail, the judge   should set as the amount of bail an amount double that generally set   for the offense for which the accused was arrested. This subsection   does not apply to an accused who:                (1)  has previously been convicted of a felony or a   misdemeanor other than a misdemeanor punishable by fine only; or                (2)  is civilly committed as a sexually violent   predator under Chapter 841, Health and Safety Code, at the time of   the offense.          SECTION 20.  Article 17.091, Code of Criminal Procedure, is   amended to read as follows:          Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.   Before a judge or magistrate reduces the amount of bail set for a   defendant charged with an offense listed in Article 42A.054 or an   offense described by Article 62.001(5), or any felony offense   committed while the defendant is civilly committed as a sexually   violent predator under Chapter 841, Health and Safety Code, the   judge or magistrate shall provide:                (1)  to the attorney representing the state, reasonable   notice of the proposed bail reduction; and                (2)  on request of the attorney representing the state   or the defendant or the defendant's counsel, an opportunity for a   hearing concerning the proposed bail reduction.          SECTION 21.  Section 2, Article 17.151, Code of Criminal   Procedure, is amended to read as follows:          Sec. 2.  The provisions of this article do not apply to a   defendant who is:                (1)  serving a sentence of imprisonment for another   offense while the defendant is serving that sentence;                (2)  being detained pending trial of another accusation   against the defendant as to which the applicable period has not yet   elapsed;                (3)  incompetent to stand trial, during the period of   the defendant's incompetence; [or]                (4)  being detained for a violation of the conditions   of a previous release related to the safety of a victim of the   alleged offense or to the safety of the community under this   article; or                (5)  civilly committed as a sexually violent predator   under Chapter 841, Health and Safety Code.          SECTION 22.  Chapter 17, Code of Criminal Procedure, is   amended by adding Article 17.411 to read as follows:          Art. 17.411.  CONDITIONS FOR CIVILLY COMMITTED SEXUALLY   VIOLENT PREDATORS. (a)  In this article, "civil commitment   facility" has the meaning assigned by Section 1.07, Penal Code.          (b)  This article applies only to a defendant who was civilly   committed as a sexually violent predator under Chapter 841, Health   and Safety Code, at the time of the alleged offense.          (c)  A magistrate may impose any reasonable condition of bond   related to the safety of a victim of the alleged offense, to the   safety of the community, or to the safety of staff, contractors, or   volunteers at a civil commitment facility.          (d)  A magistrate shall impose as a condition of bond that   the defendant:                (1)  not commit a new offense while released on bond;   and                (2)  comply with the defendant's civil commitment order   for purposes of ensuring a safe environment at the civil commitment   facility.          (e)  At a hearing limited to determining whether the   defendant violated a condition of bond imposed under this article,   the magistrate may revoke the defendant's bond only if the   magistrate finds by a preponderance of the evidence that the   violation occurred.  If the magistrate finds that the violation   occurred, the magistrate shall revoke the defendant's bond and   order that the defendant be immediately returned to custody.  Once   the defendant is placed in custody, the revocation of the   defendant's bond discharges the sureties on the bond, if any, from   any future liability on the bond.  A discharge under this subsection   from any future liability on the bond does not discharge any surety   from liability for previous forfeitures on the bond.          SECTION 23.  Article 42.08, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (d) to   read as follows:          (a)  When the same defendant has been convicted in two or   more cases, judgment and sentence shall be pronounced in each case   in the same manner as if there had been but one conviction.  Except   as provided by Subsections (b), [and] (c), and (d), in the   discretion of the court, the judgment in the second and subsequent   convictions may either be that the sentence imposed or suspended   shall begin when the judgment and the sentence imposed or suspended   in the preceding conviction has ceased to operate, or that the   sentence imposed or suspended shall run concurrently with the other   case or cases, and sentence and execution shall be accordingly;   provided, however, that the cumulative total of suspended sentences   in felony cases shall not exceed 10 years, and the cumulative total   of suspended sentences in misdemeanor cases shall not exceed the   maximum period of confinement in jail applicable to the misdemeanor   offenses, though in no event more than three years, including   extensions of periods of community supervision under Article   42A.752(a)(2), if none of the offenses are offenses under Chapter   49, Penal Code, or four years, including extensions, if any of the   offenses are offenses under Chapter 49, Penal Code.          (d)  If a defendant has been convicted in two or more cases   and was civilly committed as a sexually violent predator under   Chapter 841, Health and Safety Code, at the time that any of the   offenses were committed, the court shall order the sentences for   those offenses to run consecutively.          SECTION 24.  Subchapter B, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.060 to read as follows:          Art. 42A.060.  PLACEMENT ON COMMUNITY SUPERVISION   PROHIBITED FOR CERTAIN OFFENSES INVOLVING SEXUALLY VIOLENT   PREDATORS. Notwithstanding any other provision of this chapter, a   defendant is not eligible for community supervision, including   deferred adjudication community supervision, under this chapter if   the defendant is charged with or convicted of a felony offense and   at the time of the offense was civilly committed as a sexually   violent predator under Chapter 841, Health and Safety Code.          SECTION 25.  Article 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 disabled individual), 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), Penal Code, if the offense is   punishable as a felony of the second degree;                      (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; or                      (M)  a violation of any law of this state for which   the person has been civilly committed as a sexually violent   predator under Chapter 841, Health and Safety Code.          SECTION 26.  Article 62.008, Code of Criminal Procedure, is   amended to read as follows:          Art. 62.008.  GENERAL IMMUNITY. The following persons are   immune from liability for good faith conduct under this chapter:                (1)  an employee or officer of the Texas Department of   Criminal Justice, the Texas Juvenile Justice Department, the   Department of Public Safety, the Board of Pardons and Paroles, the   Texas Civil Commitment Office, or a local law enforcement   authority;                (2)  an employee or officer of a community supervision   and corrections department or a juvenile probation department;                (3)  a member of the judiciary; and                (4)  a member of the risk assessment review committee   established under Article 62.007.          SECTION 27.  Article 62.058, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  This subsection applies to a [A] person subject to   registration under this chapter who has for a sexually violent   offense been convicted two or more times, received an order of   deferred adjudication two or more times, or been convicted and   received an order of deferred adjudication and to a person who has   been civilly committed as a sexually violent predator under Chapter   841, Health and Safety Code, and is not required to reside in a   civil commitment center. A person to whom this subsection applies   shall report to the local law enforcement authority designated as   the person's primary registration authority by the department not   less than once in each 90-day period following the date the person   first registered under this chapter to verify the information in   the registration form maintained by the authority for that person.     [A person subject to registration under this chapter who is not   subject to the 90-day reporting requirement described by this   subsection shall report to the local law enforcement authority   designated as the person's primary registration authority by the   department once each year not earlier than the 30th day before and   not later than the 30th day after the anniversary of the person's   date of birth to verify the information in the registration form   maintained by the authority for that person.]  For purposes of this   subsection, a person complies with a requirement that the person   register within a 90-day period following a date if the person   registers at any time on or after the 83rd day following that date   but before the 98th day after that date.          (a-1)  A person subject to registration under this chapter   who is not subject to the 90-day reporting requirement described by   this article shall report to the local law enforcement authority   designated as the person's primary registration authority by the   department once each year not earlier than the 30th day before and   not later than the 30th day after the anniversary of the person's   date of birth to verify the information in the registration form   maintained by the authority for that person.          SECTION 28.  Article 62.063(a), Code of Criminal Procedure,   is amended by adding Subdivision (3) to read as follows:                (3)  "Child" means a person younger than 18 years of   age.          SECTION 29.  Article 62.063(b), Code of Criminal Procedure,   is amended to read as follows:          (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, or a person civilly committed as a   sexually violent predator under Chapter 841, Health and Safety   Code, 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;                (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;                (5)  provide or offer to provide a service at a   SAFE-ready facility, as defined by Section 323.001, Health and   Safety Code, or another facility that provides forensic medical   examinations to sexual assault survivors in accordance with Chapter   323, Health and Safety Code;                (6)  provide or offer to provide a service at a sexual   assault program, as defined by Section 420.003, Government Code;                (7)  provide or offer to provide a service at a family   violence center, as defined by Section 51.002, Human Resources   Code;                (8)  provide or offer to provide a service at any public   or private primary or secondary school; or                (9)  provide or offer to provide any coaching,   tutoring, or mentoring service to a child.          SECTION 30.  Subchapter B, Chapter 62, Code of Criminal   Procedure, is amended by adding Article 62.066 to read as follows:          Art. 62.066.  REQUIRED SEX OFFENDER TREATMENT FOR CERTAIN   PERSONS. A person subject to registration under this chapter and   civilly committed as a sexually violent predator under Chapter 841,   Health and Safety Code, who is required to participate in sex   offender treatment shall attend and participate in the treatment.          SECTION 31.  Articles 62.101(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  Except as provided by Subsection (b) and Subchapter I,   the duty to register for a person ends when the person dies if the   person has a reportable conviction or adjudication, other than an   adjudication of delinquent conduct, for:                (1)  a sexually violent offense;                (2)  an offense under Section 20A.02(a)(3), (4), (7),   or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;                (3)  an offense under Section 20A.03, Penal Code, if   based partly or wholly on conduct that constitutes an offense under   Section 20A.02(a)(3), (4), (7), or (8) of that code;                (4)  an offense under Section 21.11(a)(2), Penal Code,   if before or after the person is convicted or adjudicated for the   offense under Section 21.11(a)(2), Penal Code, the person receives   or has received another reportable conviction or adjudication,   other than an adjudication of delinquent conduct, for an offense or   conduct that requires registration under this chapter;                (5)  an offense under Section 20.02, 20.03, or 20.04,   Penal Code, if:                      (A)  the judgment in the case contains an   affirmative finding under Article 42.015 or, for a deferred   adjudication, the papers in the case contain an affirmative finding   that the victim or intended victim was younger than 17 years of age;   and                      (B)  before or after the person is convicted or   adjudicated for the offense under Section 20.02, 20.03, or 20.04,   Penal Code, the person receives or has received another reportable   conviction or adjudication, other than an adjudication of   delinquent conduct, for an offense or conduct that requires   registration under this chapter; [or]                (6)  an offense under Section 43.23, Penal Code, that   is punishable under Subsection (h) of that section; or                (7)  an offense for which the person has been civilly   committed as a sexually violent predator under Chapter 841, Health   and Safety Code.          (b)  Except as provided by Subchapter I, the duty to register   for a person otherwise subject to Subsection (a) ends on the 10th   anniversary of the date on which the person is released from civil   commitment as a sexually violent predator under Chapter 841, Health   and Safety Code, the date on which the person is released from a   penal institution or discharges community supervision, or the date   on which the court dismisses the criminal proceedings against the   person and discharges the person, whichever date is later, if the   person's duty to register is based on a conviction or an order of   deferred adjudication in a cause that was transferred to a district   court or criminal district court under Section 54.02, Family Code.          SECTION 32.  Article 66.102, Code of Criminal Procedure, is   amended by adding Subsection (j) to read as follows:          (j)  In addition to the information described by this   article, information in the computerized criminal history system   must include any civil commitment order issued under Chapter 841,   Health and Safety Code.          SECTION 33.  Section 14A.056, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 14A.056.  CONDUCT OF PROCEEDINGS [HEARING]. (a)  In   this section, "remote proceeding" means a proceeding in which one   or more of the participants, including a judge, civilly committed   individual, party, attorney, witness, court reporter, or other   individual, attends the proceeding remotely through the use of   technology and the Internet, including through video   communications technology.          (b)  The court may, without the consent of the civilly   committed individual or of the parties, hold a proceeding [hearing]   under this chapter at a facility operated by or under contract with   the office or [may] conduct a remote proceeding using [the hearing   with video communications] technology that permits the court to see   and hear the civilly committed individual and that permits the   individual to see and hear the court and any other witness.          (c)[(b)]  A remote proceeding [hearing] conducted under   this section [by video communications technology] shall be recorded   on videotape or by other electronic means. The recording is   sufficient to serve as a permanent record of the proceeding   [hearing].          SECTION 34.  Section 420A.002(b), Government Code, is   amended to read as follows:          (b)  The office is governed by a board composed of five   members appointed by the governor, including:                (1)  one member experienced in the management of   civilly committed persons [sex offenders];                (2)  one member experienced in the investigation or   prosecution of sex offenses; and                (3)  one member experienced in counseling or advocating   on behalf of victims of sexual assault.          SECTION 35.  Section 420A.010, Government Code, is amended   to read as follows:          Sec. 420A.010.  POWERS AND DUTIES.  The office shall perform   appropriate functions related to the sex offender civil commitment   program provided under Chapter 841, Health and Safety Code,   including functions related to the provision of treatment and   supervision to civilly committed persons [sex offenders].          SECTION 36.  Sections 420A.012(a) and (c), Government Code,   are amended to read as follows:          (a)  The office may designate an employee to serve as a   family liaison officer.  The family liaison officer may, as the   office determines appropriate:                (1)  facilitate the continuation and maintenance of   ties between a civilly committed person [sex offender] and the   person's [offender's] family members who are supportive of the   person's [offender's] participation in the treatment and   supervision program;                (2)  notify a civilly committed person [an offender]   regarding emergencies concerning the person's [offender's] family   and provide the person [offender] with other necessary information   related to the person's [offender's] family; and                (3)  assist in resolving problems that may affect   permitted contact with a civilly committed person [an offender].          (c)  This section does not:                (1)  require the office to designate a family liaison   officer; or                (2)  guarantee to a civilly committed person [sex   offender] or family member of the person [an offender] any   additional right or privilege that is not already required by state   or federal law.          SECTION 37.  Sections 420A.013(a) and (b), Government Code,   are amended to read as follows:          (a)  The office may adopt and implement policies that   encourage family unity during a civilly committed person's [sex   offender's] commitment.  In adopting the policies, the office may   consider the impact of a telephone, mail, and [in-person]   visitation policy on a family member's ability to provide support   to the person [offender] through ongoing, appropriate contact with   the person [offender] while the person [offender] participates in   the treatment and supervision program.          (b)  This section does not guarantee to a civilly committed   person [sex offender] or family member of the person [an offender]   any additional right or privilege that is not already required by   state or federal law.          SECTION 38.  Section 508.145(a), Government Code, is amended   to read as follows:          (a)  An inmate is not eligible for release on parole if the   inmate is under sentence of death, serving a sentence of life   imprisonment without parole, or serving a sentence for any of the   following offenses [under the Penal Code]:                (1)  Section 20A.03, Penal Code, if the offense is   based partly or wholly on conduct constituting an offense under   Section 20A.02(a)(5), (6), (7), or (8) of that code;                (2)  Section 21.02, Penal Code;                (3)  Section 22.021, Penal Code, if the offense is   punishable under Subsection (f) of that section; [or]                (4)  Section 51.03 or 51.04, Penal Code; or                (5)  any felony offense if the inmate was civilly   committed as a sexually violent predator under Chapter 841, Health   and Safety Code, at the time of the offense.          SECTION 39.  Section 508.149, Government Code, is amended by   adding Subsection (a-2) to read as follows:          (a-2)  An inmate serving a sentence for a felony offense   committed while the inmate was civilly committed as a sexually   violent predator under Chapter 841, Health and Safety Code, may not   be released to mandatory supervision.          SECTION 40.  Section 2155.144(b-1), Government Code, is   amended to read as follows:          (b-1)  An agency to which this section applies, other than   the Texas Civil Commitment Office, is not delegated the authority   to procure common commodities or services:                (1)  including goods and services acquired for direct   consumption or use by the agency in the day-to-day support of the   agency's administrative operations, such as office supplies and   equipment, building maintenance and cleaning services, or   temporary employment services; and                (2)  not including consulting services, professional   services, health care services, information resources technology,   goods or services acquired for the benefit or on behalf of clients   of programs operated by the agency, procurements specifically   authorized or delegated to the agency by statute, or the   contracting out of agency purchasing functions or other   administrative or program functions.          SECTION 41.  Section 841.003(b), Health and Safety Code, is   amended to read as follows:          (b)  A person is a repeat sexually violent offender for the   purposes of this chapter if the person is convicted of more than one   sexually violent offense and a sentence is imposed for at least one   of the offenses, or if the person is convicted of an offense under   Section 21.02, Penal Code, and a sentence is imposed for the   offense, or if:                (1)  the person:                      (A)  is convicted of a sexually violent offense,   regardless of whether the sentence for the offense was ever imposed   or whether the sentence was probated and the person was   subsequently discharged from community supervision;                      (B)  enters a plea of guilty or nolo contendere   for a sexually violent offense in return for a grant of deferred   adjudication; or                      (C)  is adjudicated by a juvenile court as having   engaged in delinquent conduct constituting a sexually violent   offense and is committed to the Texas Juvenile Justice Department   under Section 54.04(d)(3) or (m), Family Code; and                (2)  after the date on which under Subdivision (1) the   person is convicted, receives a grant of deferred adjudication, or   is adjudicated by a juvenile court as having engaged in delinquent   conduct, the person commits a sexually violent offense for which   the person is convicted, but only if the sentence for the offense is   imposed.          SECTION 42.  Section 841.022, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:          (d)  Records of the multidisciplinary team are confidential   and not subject to disclosure under Chapter 552, Government Code.          SECTION 43.  Section 841.083(d), Health and Safety Code, is   amended to read as follows:          (d)  The office shall enter into appropriate contracts for   the provision of any necessary supervised housing and other related   services and may enter into appropriate contracts for medical and   mental health services and sex offender treatment.  The term of a   contract under this subsection may not exceed 10 years. The   contract may provide for an unlimited number of renewals each for an   additional term not to exceed 10 years.  This subsection prevails to   the extent of a conflict between this subsection and any other law.          SECTION 44.  Section 841.0835, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:          (d)  The committing court shall order the payment of   reasonable compensation to persons performing a duty or providing a   service under this section. The compensation paid shall be assessed   as court costs. The Health and Human Services Commission shall pay   all court costs associated with this subsection.          SECTION 45.  Section 841.084, Health and Safety Code, is   amended by adding Subsections (a-1) and (a-2) to read as follows:          (a-1)  A civilly committed person, whether indigent or not,   is responsible for the cost of:                 (1)  repairs to or replacement of property belonging to   this state, the civil commitment facility, or another civilly   committed person, if the person intentionally, knowingly,   recklessly, or negligently caused damage to or the loss of the   property; and                (2)  any expenses for medical care provided to the   committed person or any other person, if the committed person   intentionally, knowingly, recklessly, or negligently acted in a   manner that caused the injury for which medical care was provided.          (a-2)  A civilly committed person shall pay to the office, at   the office's direction, any amount for which the person is   responsible under Subsection (a-1), as determined by the office.          SECTION 46.  Section 841.147, Health and Safety Code, is   amended to read as follows:          Sec. 841.147.  IMMUNITY. (a)  The following persons are   immune from liability for good faith conduct under this chapter:                (1)  an employee or officer of the Texas Department of   Criminal Justice or the office;                (2)  a member of the multidisciplinary team established   under Section 841.022;                (3)  the applicable attorney representing the state and   an employee of the attorney; and                (4)  a person providing, or contracting, appointed, or   volunteering to perform, a [tracking service or another] service   under this chapter, at the request of the office.          (b)  A court shall immediately dismiss any action asserting a   claim against a person described by Subsection (a) that arose from   the person's good faith conduct.          (c)  This section does not affect a defense, immunity, or   jurisdictional bar available to a person described by Subsection   (a).          SECTION 47.  Subchapter H, Chapter 841, Health and Safety   Code, is amended by adding Sections 841.148 and 841.149 to read as   follows:          Sec. 841.148.  ATTORNEY GENERAL REPRESENTATION. The office   may request, on behalf of any person described by Section   841.147(a)(4), the assistance of the attorney general on any legal   matter associated with a service performed under this chapter at   the request of the office.  The office or the person is not   responsible for and may not pay any costs associated with the   assistance.          Sec. 841.149.  RECOVERY OF COURT COSTS AND ATTORNEY'S FEES.   (a)  In an action against a person described by Section   841.147(a)(4), the person is entitled to recover court costs and   attorney's fees incurred in the action from the claimant if the   person is found immune under that section.          (b)  A person may recover court costs and attorney's fees   under Subsection (a) regardless of whether the person requests the   assistance of the attorney general under Section 841.148.          SECTION 48.  Sections 14A.001(1) and 14A.054(f), Civil   Practice and Remedies Code, as added by Chapter 203 (S.B. 1180),   Acts of the 88th Legislature, Regular Session, 2023, are repealed.          SECTION 49.  The changes in law made by this Act in amending   Sections 3.03, 3.04, 12.42, 21.08, 22.01, 22.012, 22.02, 22.07,   22.11, 38.11, and 38.115, Penal Code, in amending Article 42.08,   Code of Criminal Procedure, in adding Article 42A.060, Code of   Criminal Procedure, and in amending Sections 508.145 and 508.149,   Government Code, 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 was committed before that date.          SECTION 50.  The change in law made by this Act to Article   12.01, Code of Criminal Procedure, does not apply to an offense if   the prosecution of that offense becomes barred by limitation before   the effective date of this Act.  The prosecution of that offense   remains barred as if this Act had not taken effect.          SECTION 51.  The changes in law made by this Act to Articles   14.03, 14.06, and 15.17, Code of Criminal Procedure, and to Chapter   17, Code of Criminal Procedure, apply only to a person who is   arrested on or after the effective date of this Act.  A person   arrested before the effective date of this Act is governed by the   law in effect on the date the person was arrested, and the former   law is continued in effect for that purpose.          SECTION 52.  The changes in law made by this Act to Chapter   62, Code of Criminal Procedure, apply to any person who, on or after   the effective date of this Act, is required to register under that   chapter, regardless of whether the offense or conduct for which the   person is required to register occurs before, on, or after the   effective date of this Act.          SECTION 53.  (a)  Except as otherwise provided by this   section, the changes in law made by this Act to Chapter 841, Health   and Safety Code, apply to a civil commitment proceeding under that   chapter that is initiated on or after the effective date of this   Act, regardless of when the applicable petition for civil   commitment was filed.          (b)  Section 841.147, Health and Safety Code, as amended by   this Act, and Sections 841.148 and 841.149, Health and Safety Code,   as added by this Act, apply only to an action filed on or after the   effective date of this Act. An action filed before the effective   date of this Act is governed by the law in effect immediately before   the effective date of this Act, and that law is continued in effect   for that purpose.          SECTION 54.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 55.  This Act takes effect September 1, 2025.