87R1262 ADM-D     By: Crockett H.B. No. 1275       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on prosecuting or referring to juvenile   court certain persons for certain conduct constituting the offense   of prostitution and to the provision of services to those persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Child Sex   Trafficking Victims Protections and Provisions Act.          SECTION 2.  Section 51.03, Family Code, is amended by   amending Subsection (b) and adding Subsections (d) and (d-1) to   read as follows:          (b)  Conduct indicating a need for supervision is:                (1)  subject to Subsection (f), conduct, other than a   traffic offense, that violates:                      (A)  the penal laws of this state of the grade of   misdemeanor that are punishable by fine only; or                      (B)  the penal ordinances of any political   subdivision of this state;                (2)  the voluntary absence of a child from the child's   home without the consent of the child's parent or guardian for a   substantial length of time or without intent to return;                (3)  conduct prohibited by city ordinance or by state   law involving the inhalation of the fumes or vapors of paint and   other protective coatings or glue and other adhesives and the   volatile chemicals itemized in Section 485.001, Health and Safety   Code;                (4)  an act that violates a school district's   previously communicated written standards of student conduct for   which the child has been expelled under Section 37.007(c),   Education Code;                (5)  notwithstanding Subsection (a)(1), conduct   described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or                (6)  notwithstanding Subsection (a)(1), conduct that   violates Section 43.261, Penal Code.          (d)  Notwithstanding Subsection (a)(1), conduct that   violates Section 43.02(a), Penal Code, is not delinquent conduct or   conduct indicating a need for supervision. A child may not be   referred to the juvenile court for conduct that violates Section   43.02(a), Penal Code.          (d-1)  A law enforcement officer taking possession of a child   who is suspected of engaging in conduct that violates Section   43.02(a), Penal Code, may not arrest the child or refer the child to   juvenile court. The officer shall use best efforts to deliver the   child to the child's parent or to another person entitled to take   possession of the child. If the parent or other person is not   immediately available, the officer shall:                (1)  contact a local service provider or care   coordinator who will, in consultation with the child sex   trafficking prevention unit established under Section 772.0062,   Government Code, and the governor's program for victims of child   sex trafficking established under Section 772.0063, Government   Code, facilitate the assignment of a caseworker for the child to   create a customized package of services to fit the child's   immediate and long-term rehabilitation and treatment needs,   including medical, psychiatric, psychological, safety, and housing   needs; or                (2)  if a local service provider or care coordinator is   not available, transfer possession of the child to the Department   of Family and Protective Services in accordance with Section   262.104.          SECTION 3.  Section 43.02, Penal Code, is amended by adding   Subsection (b-1) 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 17 years   of age.          SECTION 4.  This Act applies only to an offense committed or   conduct that occurs on or after the effective date of this Act. An   offense committed or conduct that occurs before the effective date   of this Act is governed by the law in effect on the date the offense   was committed or the conduct occurred, and the former law is   continued in effect for that purpose. For the purposes of this   section, an offense was committed or conduct occurred before the   effective date of this Act if any element of the offense or conduct   occurred before that date.          SECTION 5.  This Act takes effect September 1, 2021.