87R6957 MCK-D     By: Parker H.B. No. 2285       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of and criminal offenses occurring near   certain child-care facilities and age restrictions on persons   employed by or allowed on the premises of a sexually oriented   business; creating criminal offenses; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 106, Alcoholic Beverage Code, is amended   by adding Section 106.17 to read as follows:          Sec. 106.17.  PRESENCE OF MINOR ON PERMITTED OR LICENSED   PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) A minor may   not be on premises covered by a permit or license issued under this   code if a sexually oriented business, as defined by Section   243.002, Local Government Code, operates on the premises.          (b)  The holder of a permit or license covering a premises   described by Subsection (a) may not knowingly or recklessly allow a   minor to be on the premises.          SECTION 2.  Subchapter A, Chapter 102, Business & Commerce   Code, is amended by adding Section 102.0031 to read as follows:          Sec. 102.0031.  PROHIBITION ON CERTAIN ACTIVITIES BY   BUSINESS IN RELATION TO CHILD. A sexually oriented business may not   allow an individual younger than 18 years of age to enter the   premises of the business.          SECTION 3.  Section 102.004(a), Business & Commerce Code, is   amended to read as follows:          (a)  The attorney general or appropriate district or county   attorney, in the name of the state, may bring an action for an   injunction or other process against a person who violates or   threatens to violate Section 102.002, [or] 102.003, or 102.0031.          SECTION 4.  Section 102.005(b), Business & Commerce Code, is   amended to read as follows:          (b)  A sexually oriented business commits an offense if the   business violates Section 102.003 or 102.0031.          SECTION 5.  Section 125.0015(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution, promotion of prostitution, or   aggravated promotion of prostitution as prohibited by the Penal   Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   children as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing an individual younger than 21 years of   age [a minor] at a sexually oriented business as defined by Section   243.002, Local Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more; [or]                (27)  a graffiti offense in violation of Section 28.08,   Penal Code; or                (28)  permitting an individual younger than 18 years of   age to remain on the premises of a sexually oriented business as   defined by Section 243.002, Local Government Code.          SECTION 6.  Articles 42A.453(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  In this article, "playground," "premises," "school,"   "video arcade facility," and "youth center" have the meanings   assigned by Section 481.134, Health and Safety Code, and "general   residential operation" has the meaning assigned by Section 42.002,   Human Resources Code.          (c)  If a judge grants community supervision to a defendant   described by Subsection (b) and the judge determines that a child as   defined by Section 22.011(c), Penal Code, was the victim of the   offense, the judge shall establish a child safety zone applicable   to the defendant by requiring as a condition of community   supervision that the defendant:                (1)  not:                      (A)  supervise or participate in any program that:                            (i)  includes as participants or recipients   persons who are 17 years of age or younger; and                            (ii)  regularly provides athletic, civic, or   cultural activities; or                      (B)  go in, on, or within 1,000 feet of a premises   where children commonly gather, including a school, day-care   facility, playground, public or private youth center, public   swimming pool, [or] video arcade facility, or general residential   operation operating as a residential treatment center; and                (2)  attend psychological counseling sessions for sex   offenders with an individual or organization that provides sex   offender treatment or counseling as specified or approved by the   judge or the defendant's supervision officer.          SECTION 7.  Section 481.134(a), Health and Safety Code, is   amended by adding Subdivision (8) to read as follows:                (8)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.          SECTION 8.  Sections 481.134(b), (c), (d), (e), and (f),   Health and Safety Code, are amended to read as follows:          (b)  An offense otherwise punishable as a state jail felony   under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is   punishable as a felony of the third degree, and an offense otherwise   punishable as a felony of the second degree under any of those   sections is punishable as a felony of the first degree, if it is   shown at the punishment phase of the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of premises owned,   rented, or leased by an institution of higher learning, the   premises of a public or private youth center, or a playground; [or]                (2)  in, on, or within 300 feet of the premises of a   public swimming pool or video arcade facility; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (c)  The minimum term of confinement or imprisonment for an   offense otherwise punishable under Section 481.112(c), (d), (e), or   (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),   481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),   or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),   481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),   (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five   years and the maximum fine for the offense is doubled if it is shown   on the trial of the offense that the offense was committed:                (1)  in, on, or within 1,000 feet of the premises of a   school, the premises of a public or private youth center, or a   playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (d)  An offense otherwise punishable under Section   481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),   481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or   481.121(b)(3) is a felony of the third degree if it is shown on the   trial of the offense that the offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (e)  An offense otherwise punishable under Section   481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state   jail felony if it is shown on the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          (f)  An offense otherwise punishable under Section   481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class   A misdemeanor if it is shown on the trial of the offense that the   offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, the   premises of a public or private youth center, or a playground; [or]                (2)  on a school bus; or                (3)  by any unauthorized person 18 years of age or   older, in, on, or within 1,000 feet of premises owned, rented, or   leased by a general residential operation operating as a   residential treatment center.          SECTION 9.  Section 42.002, Human Resources Code, is amended   by adding Subdivision (25) to read as follows:                (25)  "Grounds" means, with regard to property, the   real property, whether fenced or unfenced, of the parcel of land on   which is located any appurtenant building, structure, or other   improvement, including a public or private driveway, street,   sidewalk or walkway, parking lot, and parking garage on the   property.          SECTION 10.  Sections 42.042(e), (g), and (g-2), Human   Resources Code, are amended to read as follows:          (e)  The executive commissioner shall promulgate minimum   standards that apply to licensed child-care facilities and to   registered family homes covered by this chapter and that will:                (1)  promote the health, safety, and welfare of   children attending a facility or registered family home;                (2)  promote safe, comfortable, and healthy physical   facilities and registered family homes for children;                (3)  ensure adequate supervision of children by   capable, qualified, and healthy personnel;                (4)  ensure adequate and healthy food service where   food service is offered;                (5)  prohibit racial discrimination by child-care   facilities and registered family homes;                (6)  require procedures for parental and guardian   consultation in the formulation of children's educational and   therapeutic programs;                (7)  prevent the breakdown of foster care and adoptive   placement; [and]                (8)  ensure that a child-care facility or registered   family home:                      (A)  follows the directions of a child's physician   or other health care provider in providing specialized medical   assistance required by the child; and                      (B)  maintains for a reasonable time a copy of any   directions from the physician or provider that the parent provides   to the facility or home; and                (9)  ensure that a child's health, safety, and welfare   are adequately protected on the grounds of a child-care facility or   registered family home.          (g)  In promulgating minimum standards the executive   commissioner may recognize and treat differently the types of   services provided by and the grounds appurtenant to the following:                (1)  listed family homes;                (2)  registered family homes;                (3)  child-care facilities, including general   residential operations, cottage home operations, specialized   child-care homes, group day-care homes, and day-care centers;                (4)  child-placing agencies;                (5)  agency foster homes;                (6)  continuum-of-care residential operations;                (7)  before-school or after-school programs; and                (8)  school-age programs.          (g-2)  The executive commissioner by rule shall adopt   minimum standards that apply to general residential operations that   provide comprehensive residential and nonresidential services to   persons who are victims of trafficking under Section 20A.02, Penal   Code. In adopting the minimum standards under this subsection, the   executive commissioner shall consider:                (1)  the special circumstances, [and] needs, and   precautions required of victims of trafficking of persons; [and]                (2)  the role of the general residential operations in   assisting, [and] supporting, and protecting victims of trafficking   of persons; and                (3)  the vulnerability of victims of trafficking of   persons on the grounds of a general residential operation operating   as a residential treatment center.          SECTION 11.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.068 to read as follows:          Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE;   CRIMINAL PENALTY. (a)  Each general residential operation   operating as a residential treatment center shall post "No   Trespassing" notices on the grounds of the general residential   operation in the following locations:                (1)  parallel to and along the exterior boundaries of   the general residential operation's grounds;                (2)  at each roadway or other way of access to the   grounds;                (3)  for grounds not fenced, at least every five   hundred feet along the exterior boundaries of the grounds;                (4)  at each entrance to the grounds; and                (5)  at conspicuous places reasonably likely to be   viewed by intruders.          (b)  Each "No Trespassing" notice posted on the grounds of a   general residential operation operating as a residential treatment   center must:                (1)  state that entry to the property is forbidden;                (2)  include a description of the provisions of   Section 30.05, Penal Code, including the penalties for violating   Section 30.05, Penal Code;                (3)  include the name and address of the person under   whose authority the notice is posted;                (4)  be written in English and Spanish; and                (5)  be at least 8-1/2 by 11 inches in size.          (c)  The executive commissioner by rule shall determine and   prescribe the requirements regarding the placement, installation,   design, size, wording, and maintenance procedures for the "No   Trespassing" notices.          (d)  The commission shall provide without charge to each   general residential operation operating as a residential treatment   center the number of "No Trespassing" notices required to comply   with this section and rules adopted under this section.          (e)  A person who operates a general residential operation   operating as a residential treatment center commits an offense if   the commission provides "No Trespassing" notices to the facility   and the person fails to display the "No Trespassing" notices on the   operation's grounds as required by this section before the end of   the 30th business day after the date the operation receives the   notices. An offense under this subsection is a Class C misdemeanor.          SECTION 12.  Sections 51.016(b), (h), and (i), Labor Code,   are amended to read as follows:          (b)  A sexually oriented business may not employ an   individual younger than 21 [18] years of age.          (h)  The commission, the attorney general, or a local law   enforcement agency may inspect a record maintained under this   section if there is good reason to believe that an individual   younger than 21 [18] years of age is employed or has been employed   by the sexually oriented business within the two years preceding   the date of the inspection.          (i)  A person commits an offense if the person:                (1)  fails to maintain a record as required by this   section; [or]                (2)  knowingly or intentionally hinders an inspection   authorized under Subsection (h); or                (3)  violates Subsection (b).          SECTION 13.  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 of the offense;                (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; or                (4)  the actor recruited, enticed, or obtained the   victim of the offense from a shelter or facility operating as a   residential treatment center that serves runaway youth, foster   children, the homeless, or persons subjected to human trafficking,   domestic violence, or sexual assault.          SECTION 14.  Section 30.05(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person enters or   remains on or in property of another, including residential land,   agricultural land, a recreational vehicle park, a building, a   general residential operation operating as a residential treatment   center, or an aircraft or other vehicle, without effective consent   and the person:                (1)  had notice that the entry was forbidden; or                (2)  received notice to depart but failed to do so.          SECTION 15.  Section 30.05(b), Penal Code, is amended by   adding Subdivision (13) to read as follows:                (13)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.          SECTION 16.  Section 30.05(d), Penal Code, is amended to   read as follows:          (d)  An offense under this section is:                (1)  a Class B misdemeanor, except as provided by   Subdivisions (2) and (3);                (2)  a Class C misdemeanor, except as provided by   Subdivision (3), if the offense is committed:                      (A)  on agricultural land and within 100 feet of   the boundary of the land; or                      (B)  on residential land and within 100 feet of a   protected freshwater area; and                (3)  a Class A misdemeanor if:                      (A)  the offense is committed:                            (i)  in a habitation or a shelter center;                            (ii)  on a Superfund site; or                            (iii)  on or in a critical infrastructure   facility;                      (B)  the offense is committed on or in property of   an institution of higher education and it is shown on the trial of   the offense that the person has previously been convicted of:                            (i)  an offense under this section relating   to entering or remaining on or in property of an institution of   higher education; or                            (ii)  an offense under Section 51.204(b)(1),   Education Code, relating to trespassing on the grounds of an   institution of higher education; [or]                      (C)  the person carries a deadly weapon during the   commission of the offense; or                      (D)  the offense is committed on the property of   or within a general residential operation operating as a   residential treatment center.          SECTION 17.  Section 43.251(a)(1), Penal Code, is amended to   read as follows:                (1)  "Child" means a person younger than 21 [18] years   of age.          SECTION 18.  Section 71.028(a), Penal Code, is amended to   read as follows:          (a)  In this section:                (1)  "General residential operation" has the meaning   assigned by Section 42.002, Human Resources Code.                (2)  "Institution of higher education," "playground,"   "premises," "school," "video arcade facility," and "youth center"   have the meanings assigned by Section 481.134, Health and Safety   Code.                (3) [(2)]  "Shopping mall" means an enclosed public   walkway or hall area that connects retail, service, or professional   establishments.          SECTION 19.  Section 71.028(c), Penal Code, is amended to   read as follows:          (c)  Except as provided by Subsection (d), the punishment   prescribed for an offense described by Subsection (b) is increased   to the punishment prescribed for the next highest category of   offense if the actor is 17 years of age or older and it is shown   beyond a reasonable doubt on the trial of the offense that the actor   committed the offense at a location that was:                (1)  in, on, or within 1,000 feet of any:                      (A)  real property that is owned, rented, or   leased by a school or school board;                      (B)  premises owned, rented, or leased by an   institution of higher education;                      (C)  premises of a public or private youth center;   [or]                      (D)  playground; or                       (E)  general residential operation operating as a   residential treatment center;                (2)  in, on, or within 300 feet of any:                      (A)  shopping mall;                      (B)  movie theater;                      (C)  premises of a public swimming pool; or                      (D)  premises of a video arcade facility; or                (3)  on a school bus.          SECTION 20.  The changes in law made 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 when the offense was committed, and   that law is continued in effect for that purpose.  For the purposes   of this section, an offense is committed before the effective date   of this Act if any element of the offense occurs before that date.          SECTION 21.  This Act takes effect September 1, 2021.