By: Thompson of Harris, Dukes H.B. No. 2552         (Senate Sponsor - Huffman)          (In the Senate - Received from the House May 15, 2017;   May 15, 2017, read first time and referred to Committee on State   Affairs; May 18, 2017, reported favorably by the following vote:     Yeas 9, Nays 0; May 18, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to measures to address and deter certain criminal or other   unlawful activity, including trafficking of persons, sexual   offenses, prostitution, and activity that may constitute a public   nuisance; increasing criminal penalties; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 17.46(b), Business & Commerce Code, as   amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of   the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 17.461;                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "lawyer," "licensed,"   "notary," and "notary public," in any written or electronic   material, including an advertisement, a business card, a   letterhead, stationery, a website, or an online video, in reference   to a person who is not an attorney in order to imply that the person   is authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; [or]                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured; or                (33)  owning, operating, maintaining, or advertising a   massage establishment, as defined by Section 455.001, Occupations   Code, that:                      (A)  is not appropriately licensed under Chapter   455, Occupations Code, or is not in compliance with the applicable   licensing and other requirements of that chapter; or                      (B)  is not in compliance with an applicable local   ordinance relating to the licensing or regulation of massage   establishments.          SECTION 2.  Section 125.001, Civil Practice and Remedies   Code, is amended by adding Subdivisions (1-a) and (4) to read as   follows:                (1-a)  "Computer network" means the interconnection of   two or more computers or computer systems by satellite, microwave,   line, or other communication medium with the capability to transmit   information between the computers.                (4)  "Web address" means a website operating on the   Internet.          SECTION 3.  Section 125.0015, Civil Practice and Remedies   Code, is amended by adding Subsections (c), (d), and (e) to read as   follows:          (c)  A person operating a web address or computer network in   connection with an activity described by Subsection (a)(3), (6),   (7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a   common nuisance.          (d)  Subsection (c) does not apply to:                (1)  a provider of remote computing services or   electronic communication services to the public;                (2)  a provider of an interactive computer service as   defined by 47 U.S.C. Section 230;                (3)  an Internet service provider;                (4)  a search engine operator;                (5)  a browsing or hosting company;                (6)  an operating system provider; or                (7)  a device manufacturer.          (e)  This section does not apply to an activity exempted,   authorized, or otherwise lawful activity regulated by federal law.          SECTION 4.  The heading to Section 125.002, Civil Practice   and Remedies Code, is amended to read as follows:          Sec. 125.002.  SUIT TO ABATE CERTAIN COMMON NUISANCES   [NUISANCE]; BOND.          SECTION 5.  Sections 125.002(a), (g), and (h), Civil   Practice and Remedies Code, are amended to read as follows:          (a)  A suit to enjoin and abate a common nuisance described   by Section 125.0015(a) or (b) may be brought by an individual, by   the attorney general, or by a district, county, or city attorney.   The suit must be brought in the county in which it is alleged to   exist against the person who is maintaining or about to maintain the   nuisance. The suit must be brought in the name of the state if   brought by the attorney general or a district or county attorney, in   the name of the city if brought by a city attorney, or in the name of   the individual if brought by a private citizen. Verification of the   petition or proof of personal injury by the acts complained of need   not be shown. For purposes of this subsection, personal injury may   include economic or monetary loss.          (g)  In an action brought under this chapter, other than an   action brought under Section 125.0025, the petitioner may file a   notice of lis pendens and a certified copy of an order of the court   in the office of the county clerk in each county in which the land is   located. The notice of lis pendens must conform to the requirements   of Section 12.007, Property Code, and constitutes notice as   provided by Section 13.004, Property Code. A certified copy of an   order of the court filed in the office of the county clerk   constitutes notice of the terms of the order and is binding on   subsequent purchasers and lienholders.          (h)  A person who may bring a suit under Subsection (a)   [Section 125.0015] shall consider, among other factors, whether the   property owner, the owner's authorized representative, or the   operator or occupant of the business, dwelling, or other place   where the criminal acts occurred:                (1)  promptly notifies the appropriate governmental   entity or the entity's law enforcement agency of the occurrence of   criminal acts on the property; and                (2)  cooperates with the governmental entity's law   enforcement investigation of criminal acts occurring at the   property.          SECTION 6.  Subchapter A, Chapter 125, Civil Practice and   Remedies Code, is amended by adding Section 125.0025 to read as   follows:          Sec. 125.0025.  SUIT TO DECLARE CERTAIN COMMON NUISANCES.   (a) A suit to declare that a person operating a web address or   computer network is maintaining a common nuisance may be brought by   an individual, by the attorney general, or by a district, county, or   city attorney.          (b)  Except as provided by Section 125.003(d), on a finding   that a web address or computer network is a common nuisance, the   sole remedy available is a judicial finding issued to the attorney   general.          (c)  The attorney general may:                (1)  notify Internet service providers, search engine   operators, browsing or hosting companies, or device manufacturers   on which applications are hosted of the judicial finding issued to   the attorney general under Subsection (b) to determine if the   persons notified are able to offer technical assistance to the   attorney general in a manner consistent with 47 U.S.C. Section 230;   or                (2)  post the judicial finding issued to the attorney   general under Subsection (b) on the attorney general's Internet   website.          SECTION 7.  Section 125.004, Civil Practice and Remedies   Code, is amended by adding Subsections (a-1), (a-2), and (e) to read   as follows:          (a-1)  Proof in the form of a person's arrest or the   testimony of a law enforcement agent that an activity described by   Section 125.0015(a)(6) or (7) is committed at a place licensed as a   massage establishment under Chapter 455, Occupations Code, or   advertised as offering massage therapy or massage services is prima   facie evidence that the defendant knowingly tolerated the activity.          (a-2)  Proof that an activity described by Section   125.0015(a)(18) is committed at a place maintained by the defendant   is prima facie evidence that the defendant:                (1)  knowingly tolerated the activity; and                (2)  did not make a reasonable attempt to abate the   activity.          (e)  Evidence of a previous suit filed under this chapter   that resulted in a judgment against a landowner with respect to an   activity described by Section 125.0015 at the landowner's property   is admissible in a subsequent suit filed under this chapter to   demonstrate that the landowner:                (1)  knowingly tolerated the activity; and                 (2)  did not make a reasonable attempt to abate the   activity.          SECTION 8.  Subchapter C, Chapter 11, Education Code, is   amended by adding Section 11.066 to read as follows:          Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED   OF CERTAIN OFFENSE. A person is ineligible to serve as a member of   the board of trustees of a school district if the person has been   convicted of an offense under Section 43.02(b), Penal Code.          SECTION 9.  Section 411.042(b), Government Code, is amended   to read as follows:          (b)  The bureau of identification and records shall:                (1)  procure and file for record photographs, pictures,   descriptions, fingerprints, measurements, and other pertinent   information of all persons arrested for or charged with a criminal   offense or convicted of a criminal offense, regardless of whether   the conviction is probated;                (2)  collect information concerning the number and   nature of offenses reported or known to have been committed in the   state and the legal steps taken in connection with the offenses, and   other information useful in the study of crime and the   administration of justice, including information that enables the   bureau to create a statistical breakdown of:                      (A)  offenses in which family violence was   involved;                      (B)  offenses under Sections 22.011 and 22.021,   Penal Code; and                      (C)  offenses under Sections 20A.02, 43.02(a),   43.02(b), 43.03, and 43.05, Penal Code;                (3)  make ballistic tests of bullets and firearms and   chemical analyses of bloodstains, cloth, materials, and other   substances for law enforcement officers of the state;                (4)  cooperate with identification and crime records   bureaus in other states and the United States Department of   Justice;                (5)  maintain a list of all previous background checks   for applicants for any position regulated under Chapter 1702,   Occupations Code, who have undergone a criminal history background   check under Section 411.119, if the check indicates a Class B   misdemeanor or equivalent offense or a greater offense;                (6)  collect information concerning the number and   nature of protective orders and magistrate's orders of emergency   protection and all other pertinent information about all persons   subject to active orders, including pertinent information about   persons subject to conditions of bond imposed for the protection of   the victim in any family violence, sexual assault or abuse,   stalking, or trafficking case. Information in the law enforcement   information system relating to an active order shall include:                      (A)  the name, sex, race, date of birth, personal   descriptors, address, and county of residence of the person to whom   the order is directed;                      (B)  any known identifying number of the person to   whom the order is directed, including the person's social security   number or driver's license number;                      (C)  the name and county of residence of the   person protected by the order;                      (D)  the residence address and place of employment   or business of the person protected by the order, unless that   information is excluded from the order under Section 85.007, Family   Code, or Article 17.292(e), Code of Criminal Procedure;                      (E)  the child-care facility or school where a   child protected by the order normally resides or which the child   normally attends, unless that information is excluded from the   order under Section 85.007, Family Code, or Article 17.292(e), Code   of Criminal Procedure;                      (F)  the relationship or former relationship   between the person who is protected by the order and the person to   whom the order is directed;                      (G)  the conditions of bond imposed on the person   to whom the order is directed, if any, for the protection of a   victim in any family violence, sexual assault or abuse, stalking,   or trafficking case;                      (H)  any minimum distance the person subject to   the order is required to maintain from the protected places or   persons; and                      (I)  the date the order expires;                (7)  grant access to criminal history record   information in the manner authorized under Subchapter F;                (8)  collect and disseminate information regarding   offenders with mental impairments in compliance with Chapter 614,   Health and Safety Code; and                (9)  record data and maintain a state database for a   computerized criminal history record system and computerized   juvenile justice information system that serves:                      (A)  as the record creation point for criminal   history record information and juvenile justice information   maintained by the state; and                      (B)  as the control terminal for the entry of   records, in accordance with federal law and regulations, federal   executive orders, and federal policy, into the federal database   maintained by the Federal Bureau of Investigation.          SECTION 10.  Subchapter A, Chapter 241, Health and Safety   Code, is amended by adding Section 241.011 to read as follows:          Sec. 241.011.  HUMAN TRAFFICKING SIGNS REQUIRED. An   emergency department of a hospital shall display separate signs, in   English and Spanish, that comply with Section 245.025 as if the   hospital is an abortion facility.          SECTION 11.  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 12.  Section 1602.354, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  The commission shall require continuing education   programs under this chapter to include information on:                (1)  activities commonly associated with human   trafficking;                (2)  recognition of potential victims of human   trafficking; and                (3)  methods for assisting victims of human   trafficking, including how to report human trafficking.          SECTION 13.  Subchapter I, Chapter 1602, Occupations Code,   is amended by adding Section 1602.408 to read as follows:          Sec. 1602.408.  POSTING OF CERTAIN NOTICES REQUIRED. (a) In   this section, "licensed facility" means the premises of a place of   business that holds a license, certificate, or permit under this   chapter.          (b)  A licensed facility shall display a sign approved by or   acceptable to the commission or the department concerning services   and assistance available to victims of human trafficking.          (c)  The sign required by this section must be in English,   Spanish, and Vietnamese and include a toll-free telephone number of   a nationally recognized information and referral hotline for   victims of human trafficking.          (d)  The commission by rule shall establish requirements   regarding the posting of signs under this section.          SECTION 14.  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 15.  (a) This section takes effect only if the Act   of the 85th Legislature, Regular Session, 2017, relating to   nonsubstantive additions to and corrections in enacted codes   becomes law.          (b)  Section 21.16(g), Penal Code, as added by Chapter 852   (S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,   is amended to read as follows:          (g)  An offense under this section is a state jail felony   [Class A misdemeanor].          (c)  Chapter 21, Penal Code, is amended by adding Section   21.18 to read as follows:          Sec. 21.18.  SEXUAL COERCION. (a) In this section:                (1)  "Intimate visual material" means the visual   material described by Section 21.16(b)(1) or (c).                (2)  "Sexual conduct" has the meaning assigned by   Section 43.25.          (b)  A person commits an offense if the person intentionally   threatens, including by coercion or extortion, to commit an offense   under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,   21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to   obtain, in return for not committing the threatened offense or in   connection with the threatened offense, any of the following   benefits:                (1)  intimate visual material;                (2)  an act involving sexual conduct causing arousal or   gratification; or                (3)  a monetary benefit or other benefit of value.          (c)  A person commits an offense if the person intentionally   threatens, including by coercion or extortion, to commit an offense   under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to   obtain, in return for not committing the threatened offense or in   connection with the threatened offense, either of the following   benefits:                (1)  intimate visual material; or                (2)  an act involving sexual conduct causing arousal or   gratification.          (d)  This section applies to a threat regardless of how that   threat is communicated, including a threat transmitted through   e-mail or an Internet website, social media account, or chat room   and a threat made by other electronic or technological means.          (e)  An offense under this section is a state jail felony,   except that the offense is a felony of the third degree if it is   shown on the trial of the offense that the defendant has previously   been convicted of an offense under this section.          SECTION 16.  (a) This section takes effect only if the Act   of the 85th Legislature, Regular Session, 2017, relating to   nonsubstantive additions to and corrections in enacted codes does   not become law.          (b)  Section 21.16(g), Penal Code, as added by Chapter 852   (S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,   is amended to read as follows:          (g)  An offense under this section is a state jail felony   [Class A misdemeanor].          (c)  Chapter 21, Penal Code, is amended by adding Section   21.18 to read as follows:          Sec. 21.18.  SEXUAL COERCION. (a) In this section:                (1)  "Intimate visual material" means the visual   material described by Section 21.16(b)(1) or (c), as added by   Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular   Session, 2015.                (2)  "Sexual conduct" has the meaning assigned by   Section 43.25.          (b)  A person commits an offense if the person intentionally   threatens, including by coercion or extortion, to commit an offense   under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,   21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B.   1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16,   as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature,   Regular Session, 2015, 22.011, or 22.021 to obtain, in return for   not committing the threatened offense or in connection with the   threatened offense, any of the following benefits:                (1)  intimate visual material;                (2)  an act involving sexual conduct causing arousal or   gratification; or                (3)  a monetary benefit or other benefit of value.          (c)  A person commits an offense if the person intentionally   threatens, including by coercion or extortion, to commit an offense   under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to   obtain, in return for not committing the threatened offense or in   connection with the threatened offense, either of the following   benefits:                (1)  intimate visual material; or                (2)  an act involving sexual conduct causing arousal or   gratification.          (d)  This section applies to a threat regardless of how that   threat is communicated, including a threat transmitted through   e-mail or an Internet website, social media account, or chat room   and a threat made by other electronic or technological means.          (e)  An offense under this section is a state jail felony,   except that the offense is a felony of the third degree if it is   shown on the trial of the offense that the defendant has previously   been convicted of an offense under this section.          SECTION 17.  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 18.  Section 43.03, Penal Code, is amended to read as   follows:          Sec. 43.03.  PROMOTION OF PROSTITUTION. (a) A person   commits an offense if, acting other than as a prostitute receiving   compensation for personally rendered prostitution services, the   actor [he or she] knowingly:                (1)  receives money or other property pursuant to an   agreement to participate in the proceeds of prostitution; [or]                (2)  solicits another to engage in sexual conduct with   another person for compensation;                (3)  provides a person or premises for prostitution   purposes; or                (4)  publishes or distributes on an Internet website   that is owned or operated by the actor an advertisement that   contains an offer to engage in sexual conduct in return for receipt   of a fee.          (b)  An offense under this section is a Class A misdemeanor,   except that the offense is:                (1)  a state jail felony if the actor has been   previously convicted of an offense under this section; or                (2)  a felony of the second degree if the actor engages   in conduct described by Subsection (a) [(a)(1) or (2)] involving a   person younger than 18 years of age engaging in prostitution,   regardless of whether the actor knows the age of the person at the   time the actor commits the offense.          SECTION 19.  Chapter 93, Property Code, is amended by adding   Section 93.013 to read as follows:          Sec. 93.013.  CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION   OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision   in a lease to the contrary, a tenant's right of possession   terminates and the landlord has a right to recover possession of the   leased premises if the tenant is using the premises or allowing the   premises to be used for the purposes of prostitution, promotion of   prostitution, aggravated promotion of prostitution, or compelling   prostitution, as prohibited by the Penal Code, or trafficking of   persons as described by Section 20A.02, Penal Code.          (b)  A landlord who reasonably believes a tenant is using the   leased premises or allowing the leased premises to be used for a   purpose described by Subsection (a) may file a forcible detainer   suit under Chapter 24 seeking possession of the premises and unpaid   rent, including rent for any period of occupancy after the tenant's   right of possession terminates.          (c)  Notwithstanding Section 24.005 or 91.001 or any other   law or a provision in the lease to the contrary, the landlord is not   required for purposes of a forcible detainer suit authorized by   this section:                (1)  to give a notice of proposed eviction or a notice   of termination before giving notice to vacate; or                (2)  to give the tenant more than three days' notice to   vacate before filing the suit.          (d)  A pending suit brought by the attorney general or a   district, county, or city attorney under Chapter 125, Civil   Practice and Remedies Code, alleging that a common nuisance is   being maintained on the leased premises with respect to an activity   described by Subsection (a) is prima facie evidence that the   tenant's right of possession has terminated and the landlord has a   right to recover possession of the premises under Subsection (a).           (e)  A final, nonappealable determination by a court under   Chapter 125, Civil Practice and Remedies Code, that a common   nuisance is being maintained on the leased premises with respect to   an activity described by Subsection (a) creates an irrebuttable   presumption that the tenant's right of possession has terminated   and the landlord has a right to recover possession of the premises   under Subsection (a).          SECTION 20.  Section 17.46(b), Business & Commerce Code, as   amended by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act. A cause of action that   accrued 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 21.  (a) Not later than December 1, 2017, the   executive commissioner of the Health and Human Services Commission   shall adopt the rules necessary to implement Sections 241.011 and   245.025, Health and Safety Code, as added by this Act.          (b)  A hospital or an abortion facility is not required to   comply with Section 241.011 or 245.025, Health and Safety Code, as   added by this Act, before January 1, 2018.          SECTION 22.  (a) Not later than March 1, 2018, the Texas   Commission of Licensing and Regulation shall adopt rules as   necessary to comply with Section 1602.354, Occupations Code, as   amended by this Act.          (b)  Section 1602.354(c), Occupations Code, as added by this   Act, and the rules adopted under Subsection (a) of this section   apply only to a continuing education program provided on or after   September 1, 2018.          SECTION 23.  (a) Not later than January 1, 2018, the Texas   Commission of Licensing and Regulation shall adopt rules as   necessary to implement Section 1602.408, Occupations Code, as added   by this Act.          (b)  A licensed facility as defined by Section 1602.408(a),   Occupations Code, as added by this Act, shall comply with Section   1602.408, Occupations Code, as added by this Act, not later than   February 1, 2018.          SECTION 24.  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 25.  Section 43.03, 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. 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 26.  Section 93.013, Property Code, as added by this   Act, applies only to a lease entered into or renewed on or after the   effective date of this Act. A lease entered into or renewed before   the effective date of this Act is governed by the law applicable to   the lease immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 27.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 28.  This Act takes effect September 1, 2017.     * * * * *