87R4677 MEW-D     By: Thompson of Harris H.B. No. 2795       A BILL TO BE ENTITLED   AN ACT   relating to the offense of solicitation of prostitution and certain   other consequences of that offense; increasing a criminal penalty;   making conforming changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 43, Penal Code, is amended by adding   Section 43.021, and a heading is added to that section to read as   follows:          Sec. 43.021.  SOLICITATION OF PROSTITUTION.          SECTION 2.  Sections 43.02(b) and (c-1), Penal Code, are   transferred to Section 43.021, Penal Code, as added by this Act,   redesignated as Sections 43.021(a) and (b), Penal Code,   respectively, and amended to read as follows:          (a) [(b)]  A person commits an offense if the person   knowingly offers or agrees to pay a fee to another person for the   purpose of engaging in sexual conduct with that person or another.          (b) [(c-1)]  An offense under Subsection (a) [(b)] is a state   jail felony [Class A misdemeanor], except that the offense is:                (1)  a [state jail] felony of the third degree if the   actor has previously been convicted of an offense under Subsection   (a) or under Section 43.02(b), as that law existed before September   1, 2021 [(b)]; or                (2)  a felony of the second degree if the person with   whom the actor agrees to engage in sexual conduct is:                      (A)  younger than 18 years of age, regardless of   whether the actor knows the age of the person at the time of the   offense;                      (B)  represented to the actor as being younger   than 18 years of age; or                      (C)  believed by the actor to be younger than 18   years of age.          SECTION 3.  Section 43.021, Penal Code, as added by this Act,   is amended by adding Subsection (c) to read as follows:          (c)  A conviction may be used for purposes of enhancement   under this section or enhancement under Subchapter D, Chapter 12,   but not under both this section and that subchapter. For purposes of   enhancement of penalties under this section or Subchapter D,   Chapter 12, a defendant is considered to have been previously   convicted of an offense under this section or under Section   43.02(b), as that law existed before September 1, 2021, if the   defendant was adjudged guilty of the offense or entered a plea of   guilty or nolo contendere in return for a grant of deferred   adjudication, regardless of whether the sentence for the offense   was ever imposed or whether the sentence was probated and the   defendant was subsequently discharged from community supervision.          SECTION 4.  Section 25.06(a), Alcoholic Beverage Code, as   effective September 1, 2021, is amended to read as follows:          (a)  The commission shall deny an original application for a   wine and malt beverage retailer's permit if the commission finds   that the applicant, or the applicant's spouse, during the five   years immediately preceding the application, was finally convicted   of a felony or one of the following offenses:                (1)  prostitution or solicitation of prostitution;                (2)  a vagrancy offense involving moral turpitude;                (3)  bookmaking;                (4)  gambling or gaming;                (5)  an offense involving controlled substances as   defined in Chapter 481, Health and Safety Code, or other dangerous   drugs;                (6)  a violation of this code resulting in the   cancellation of a license or permit, or a fine of not less than   $500;                (7)  more than three violations of this code relating   to minors;                (8)  bootlegging; or                (9)  an offense involving firearms or a deadly weapon.          SECTION 5.  Section 69.06(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  The commission shall deny an original application for a   retail dealer's on-premise license if the commission finds that the   applicant or the applicant's spouse, during the five years   immediately preceding the application, was finally convicted of a   felony or one of the following offenses:                (1)  prostitution or solicitation of prostitution;                (2)  a vagrancy offense involving moral turpitude;                (3)  bookmaking;                (4)  gambling or gaming;                (5)  an offense involving controlled substances as   defined in the Texas Controlled Substances Act, including an   offense involving a synthetic cannabinoid, or an offense involving   other dangerous drugs;                (6)  a violation of this code resulting in the   cancellation of a license or permit, or a fine of not less than   $500;                (7)  more than three violations of this code relating   to minors;                (8)  bootlegging; or                (9)  an offense involving firearms or a deadly weapon.          SECTION 6.  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 as described by Section 43.02, Penal   Code, solicitation of prostitution as described by Section 43.021,   Penal Code, promotion of prostitution as described by Section   43.03, Penal Code, or aggravated promotion of prostitution as   described by Section 43.04, [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 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.          SECTION 7.  Article 17.45, Code of Criminal Procedure, is   amended to read as follows:          Art. 17.45.  CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.   A magistrate may require as a condition of bond that a defendant   charged with an offense under Section 43.02 or 43.021, Penal Code,   receive counseling or education, or both, relating to acquired   immune deficiency syndrome or human immunodeficiency virus.          SECTION 8.  Article 42A.751(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  At any time during the period of community supervision,   the judge may issue a warrant for a violation of any condition of   community supervision and cause a defendant convicted under Section   43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or   Sections 485.031 through 485.035, Health and Safety Code, or placed   on deferred adjudication community supervision after being charged   with one of those offenses, to be subject to:                (1)  the control measures of Section 81.083, Health and   Safety Code; and                (2)  the court-ordered-management provisions of   Subchapter G, Chapter 81, Health and Safety Code.          SECTION 9.  Section 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 children), 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) [43.02 (Prostitution)], Penal Code,   if the offense is punishable as a felony of the second degree [under   Subsection (c-1)(2) of that section];                      (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.          SECTION 10.  Section 11.066, Education Code, is amended to   read as follows:          Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED   OF CERTAIN OFFENSES. 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 a felony or an offense under Section 43.021   [43.02(b)], Penal Code.          SECTION 11.  Section 51.03(b), Family Code, is amended 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 or 43.021 [43.02(a) or (b)], Penal Code;   or                (6)  notwithstanding Subsection (a)(1), conduct that   violates Section 43.261, Penal Code.          SECTION 12.  Section 261.001(1), Family Code, is amended to   read as follows:                (1)  "Abuse" includes the following acts or omissions   by a person:                      (A)  mental or emotional injury to a child that   results in an observable and material impairment in the child's   growth, development, or psychological functioning;                      (B)  causing or permitting the child to be in a   situation in which the child sustains a mental or emotional injury   that results in an observable and material impairment in the   child's growth, development, or psychological functioning;                      (C)  physical injury that results in substantial   harm to the child, or the genuine threat of substantial harm from   physical injury to the child, including an injury that is at   variance with the history or explanation given and excluding an   accident or reasonable discipline by a parent, guardian, or   managing or possessory conservator that does not expose the child   to a substantial risk of harm;                      (D)  failure to make a reasonable effort to   prevent an action by another person that results in physical injury   that results in substantial harm to the child;                      (E)  sexual conduct harmful to a child's mental,   emotional, or physical welfare, including conduct that constitutes   the offense of continuous sexual abuse of young child or children   under Section 21.02, Penal Code, indecency with a child under   Section 21.11, Penal Code, sexual assault under Section 22.011,   Penal Code, or aggravated sexual assault under Section 22.021,   Penal Code;                      (F)  failure to make a reasonable effort to   prevent sexual conduct harmful to a child;                      (G)  compelling or encouraging the child to engage   in sexual conduct as defined by Section 43.01, Penal Code,   including compelling or encouraging the child in a manner that   constitutes an offense of trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under   Section 43.021 [43.02(b)], Penal Code, or compelling prostitution   under Section 43.05(a)(2), Penal Code;                      (H)  causing, permitting, encouraging, engaging   in, or allowing the photographing, filming, or depicting of the   child if the person knew or should have known that the resulting   photograph, film, or depiction of the child is obscene as defined by   Section 43.21, Penal Code, or pornographic;                      (I)  the current use by a person of a controlled   substance as defined by Chapter 481, Health and Safety Code, in a   manner or to the extent that the use results in physical, mental, or   emotional injury to a child;                      (J)  causing, expressly permitting, or   encouraging a child to use a controlled substance as defined by   Chapter 481, Health and Safety Code;                      (K)  causing, permitting, encouraging, engaging   in, or allowing a sexual performance by a child as defined by   Section 43.25, Penal Code;                      (L)  knowingly causing, permitting, encouraging,   engaging in, or allowing a child to be trafficked in a manner   punishable as an offense under Section 20A.02(a)(5), (6), (7), or   (8), Penal Code, or the failure to make a reasonable effort to   prevent a child from being trafficked in a manner punishable as an   offense under any of those sections; or                      (M)  forcing or coercing a child to enter into a   marriage.          SECTION 13.  Section 71.0353, Government Code, is amended to   read as follows:          Sec. 71.0353.  TRAFFICKING OF PERSONS INFORMATION. As a   component of the official monthly report submitted to the Office of   Court Administration of the Texas Judicial System, a district court   or county court at law shall report the number of cases filed for   the following offenses:                (1)  trafficking of persons under Section 20A.02, Penal   Code;                (2)  prostitution under Section 43.02, Penal Code;                (3)  solicitation of prostitution under Section   43.021, Penal Code; and                (4) [(3)]  compelling prostitution under Section   43.05, Penal Code.          SECTION 14.  Section 402.035(d), Government Code, is amended   to read as follows:          (d)  The task force shall:                (1)  collaborate, as needed to fulfill the duties of   the task force, with:                      (A)  United States attorneys' offices for all of   the federal districts of Texas; and                      (B)  special agents or customs and border   protection officers and border patrol agents of:                            (i)  the Federal Bureau of Investigation;                            (ii)  the United States Drug Enforcement   Administration;                            (iii)  the Bureau of Alcohol, Tobacco,   Firearms and Explosives;                            (iv)  United States Immigration and Customs   Enforcement; or                            (v)  the United States Department of   Homeland Security;                (2)  collect, organize, and periodically publish   statistical data on the nature and extent of human trafficking in   this state, including data described by Subdivisions (4)(A), (B),   (C), (D), and (E);                (3)  solicit cooperation and assistance from state and   local governmental agencies, political subdivisions of the state,   nongovernmental organizations, and other persons, as appropriate,   for the purpose of collecting and organizing statistical data under   Subdivision (2);                (4)  ensure that each state or local governmental   agency and political subdivision of the state and each state or   local law enforcement agency, district attorney, or county attorney   that assists in the prevention of human trafficking collects   statistical data related to human trafficking, including, as   appropriate:                      (A)  the number of investigations concerning,   arrests and prosecutions for, and convictions of:                            (i)  the offense of trafficking of persons;                            (ii)  the offense of forgery or an offense   under Chapter 43, Penal Code, if the offense was committed as part   of a criminal episode involving the trafficking of persons; and                            (iii)  an offense punishable as a felony of   the second degree under Section 43.021 [43.02(c-1)(2)], Penal Code,   regardless of whether the offense was committed as part of a   criminal episode involving the trafficking of persons;                      (B)  demographic information on persons who are   convicted of offenses described by Paragraph (A) and persons who   are the victims of those offenses;                      (C)  geographic routes by which human trafficking   victims are trafficked, including routes by which victims are   trafficked across this state's international border, and   geographic patterns in human trafficking, including the country or   state of origin and the country or state of destination;                      (D)  means of transportation and methods used by   persons who engage in trafficking to transport their victims; and                      (E)  social and economic factors that create a   demand for the labor or services that victims of human trafficking   are forced to provide;                (5)  work with the Texas Commission on Law Enforcement   to develop and conduct training for law enforcement personnel,   victim service providers, and medical service providers to identify   victims of human trafficking;                (6)  work with the Texas Education Agency, the   Department of Family and Protective Services, and the Health and   Human Services Commission to:                      (A)  develop a list of key indicators that a   person is a victim of human trafficking;                      (B)  develop a standardized curriculum for   training doctors, nurses, emergency medical services personnel,   teachers, school counselors, school administrators, and personnel   from the Department of Family and Protective Services and the   Health and Human Services Commission to identify and assist victims   of human trafficking;                      (C)  train doctors, nurses, emergency medical   services personnel, teachers, school counselors, school   administrators, and personnel from the Department of Family and   Protective Services and the Health and Human Services Commission to   identify and assist victims of human trafficking;                      (D)  develop and conduct training for personnel   from the Department of Family and Protective Services and the   Health and Human Services Commission on methods for identifying   children in foster care who may be at risk of becoming victims of   human trafficking; and                      (E)  develop a process for referring identified   human trafficking victims and individuals at risk of becoming   victims to appropriate entities for services;                (7)  on the request of a judge of a county court, county   court at law, or district court or a county attorney, district   attorney, or criminal district attorney, assist and train the judge   or the judge's staff or the attorney or the attorney's staff in the   recognition and prevention of human trafficking;                (8)  examine training protocols related to human   trafficking issues, as developed and implemented by federal, state,   and local law enforcement agencies;                (9)  collaborate with state and local governmental   agencies, political subdivisions of the state, and nongovernmental   organizations to implement a media awareness campaign in   communities affected by human trafficking;                (10)  develop recommendations on how to strengthen   state and local efforts to prevent human trafficking, protect and   assist human trafficking victims, curb markets and other economic   avenues that facilitate human trafficking and investigate and   prosecute human trafficking offenders;                (11)  examine the extent to which human trafficking is   associated with the operation of sexually oriented businesses, as   defined by Section 243.002, Local Government Code, and the   workplace or public health concerns that are created by the   association of human trafficking and the operation of sexually   oriented businesses;                (12)  develop recommendations for addressing the   demand for forced labor or services or sexual conduct involving   victims of human trafficking, including recommendations for   increased penalties for individuals who engage or attempt to engage   in solicitation of prostitution with victims younger than 18 years   of age; and                (13)  identify and report to the governor and   legislature on laws, licensure requirements, or other regulations   that can be passed at the state and local level to curb trafficking   using the Internet and in sexually oriented businesses.          SECTION 15.  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   [43.02(a)], 43.021 [43.02(b)], 43.03, 43.031, 43.04, 43.041, 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 as required by that chapter, 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,   indecent assault, 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;                      (E)  the child-care facility or school where a   child protected by the order normally resides or which the child   normally attends;                      (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, indecent   assault, 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 16.  Section 411.1471(a), Government Code, is   amended to read as follows:          (a)  This section applies to a defendant who is:                (1)  arrested for a felony prohibited under any of the   following Penal Code sections:                      (A)  Section 19.02;                      (B)  Section 19.03;                      (C)  Section 20.03;                      (D)  Section 20.04;                      (E)  Section 20.05;                      (F)  Section 20.06;                      (G)  Section 20A.02;                      (H)  Section 20A.03;                      (I)  Section 21.02;                      (J)  Section 21.11;                      (K)  Section 22.01;                      (L)  Section 22.011;                      (M)  Section 22.02;                      (N)  Section 22.021;                      (O)  Section 25.02;                      (P)  Section 29.02;                      (Q)  Section 29.03;                      (R)  Section 30.02;                      (S)  Section 31.03;                      (T)  Section 43.03;                      (U)  Section 43.04;                      (V)  Section 43.05;                      (W)  Section 43.25; or                      (X)  Section 43.26; or                (2)  convicted of an offense:                      (A)  under Title 5, Penal Code, other than an   offense described by Subdivision (1), that is punishable as a Class   A misdemeanor or any higher category of offense, except for an   offense punishable as a Class A misdemeanor under Section 22.05,   Penal Code; or                      (B)  under Section 21.08, 25.04, 43.021   [43.02(b)], or 43.24, Penal Code.          SECTION 17.  Section 81.093(a), Health and Safety Code, is   amended to read as follows:          (a)  A court may direct a person convicted of an offense   under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas   Controlled Substances Act), or under Sections 485.031 through   485.035 to be subject to the control measures of Section 81.083 and   to the court-ordered management provisions of Subchapter G.          SECTION 18.  The heading to Chapter 169, Health and Safety   Code, is amended to read as follows:   CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION   PREVENTION PROGRAM          SECTION 19.  Section 169.001, Health and Safety Code, is   amended to read as follows:          Sec. 169.001.  FIRST OFFENDER SOLICITATION OF PROSTITUTION   PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In   this chapter, "first offender solicitation of prostitution   prevention program" means a program that has the following   essential characteristics:                (1)  the integration of services in the processing of   cases in the judicial system;                (2)  the use of a nonadversarial approach involving   prosecutors and defense attorneys to promote public safety, to   reduce the demand for the commercial sex trade and trafficking of   persons by educating offenders, and to protect the due process   rights of program participants;                (3)  early identification and prompt placement of   eligible participants in the program;                (4)  access to information, counseling, and services   relating to sex addiction, sexually transmitted diseases, mental   health, and substance abuse;                (5)  a coordinated strategy to govern program responses   to participant compliance;                (6)  monitoring and evaluation of program goals and   effectiveness;                (7)  continuing interdisciplinary education to promote   effective program planning, implementation, and operations; and                (8)  development of partnerships with public agencies   and community organizations.          (b)  If a defendant successfully completes a first offender   solicitation of prostitution prevention program, regardless of   whether the defendant was convicted of the offense for which the   defendant entered the program or whether the court deferred further   proceedings without entering an adjudication of guilt, after notice   to the state and a hearing on whether the defendant is otherwise   entitled to the petition, including whether the required time   period has elapsed, and whether issuance of the order is in the best   interest of justice, the court shall enter an order of   nondisclosure of criminal history record information under   Subchapter E-1, Chapter 411, Government Code, as if the defendant   had received a discharge and dismissal under Article 42A.111, Code   of Criminal Procedure, with respect to all records and files   related to the defendant's arrest for the offense for which the   defendant entered the program if the defendant:                (1)  has not been previously convicted of a felony   offense; and                (2)  is not convicted of any other felony offense   before the second anniversary of the defendant's successful   completion of the program.          SECTION 20.  Sections 169.002(a), (b), (d), (e), and (f),   Health and Safety Code, are amended to read as follows:          (a)  The commissioners court of a county or governing body of   a municipality may establish a first offender solicitation of   prostitution prevention program for defendants charged with an   offense under Section 43.021 [43.02(b)], Penal Code.          (b)  A defendant is eligible to participate in a first   offender solicitation of prostitution prevention program   established under this chapter only if:                (1)  the attorney representing the state consents to   the defendant's participation in the program; and                (2)  the court in which the criminal case is pending   finds that the defendant has not been previously convicted of:                      (A)  an offense under Section 20A.02, 43.02(b), as   that law existed before September 1, 2021 [43.02], 43.021, 43.03,   43.031, 43.04, 43.041, or 43.05, Penal Code;                      (B)  an offense listed in Article 42A.054(a), Code   of Criminal Procedure; or                      (C)  an offense punishable as a felony under   Chapter 481.          (d)  A defendant is not eligible to participate in the first   offender solicitation of prostitution prevention program if the   defendant offered or agreed to hire a person to engage in sexual   conduct and the person was younger than 18 years of age at the time   of the offense.          (e)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to participate in the   first offender solicitation of prostitution prevention program or   otherwise proceed through the criminal justice system.          (f)  If a defendant who chooses to participate in the first   offender solicitation of prostitution prevention program fails to   attend any portion of the program, the court in which the   defendant's criminal case is pending shall issue a warrant for the   defendant's arrest and proceed on the criminal case as if the   defendant had chosen not to participate in the program.          SECTION 21.  Section 169.003(a), Health and Safety Code, is   amended to read as follows:          (a)  A first offender solicitation of prostitution   prevention program established under this chapter must:                (1)  ensure that a person eligible for the program is   provided legal counsel before volunteering to proceed through the   program and while participating in the program;                (2)  allow any participant to withdraw from the program   at any time before a trial on the merits has been initiated;                (3)  provide each participant with information,   counseling, and services relating to sex addiction, sexually   transmitted diseases, mental health, and substance abuse; and                (4)  provide each participant with classroom   instruction related to the prevention of the solicitation of   prostitution.          SECTION 22.  Sections 169.004, 169.005, and 169.006, Health   and Safety Code, are amended to read as follows:          Sec. 169.004.  OVERSIGHT. (a)  The lieutenant governor and   the speaker of the house of representatives may assign to   appropriate legislative committees duties relating to the   oversight of first offender solicitation of prostitution   prevention programs established under this chapter.          (b)  A legislative committee or the governor may request the   state auditor to perform a management, operations, or financial or   accounting audit of a first offender solicitation of prostitution   prevention program established under this chapter.          (c)  A first offender solicitation of prostitution   prevention program established under this chapter shall:                (1)  notify the criminal justice division of the   governor's office before or on implementation of the program; and                (2)  provide information regarding the performance of   the program to the division on request.          Sec. 169.005.  REIMBURSEMENT FEES. (a) A first offender   solicitation of prostitution prevention program established under   this chapter may collect from a participant in the program a   nonrefundable reimbursement fee for the program in a reasonable   amount not to exceed $1,000, from which the following must be paid:                (1)  a counseling and services reimbursement fee in an   amount necessary to cover the costs of the counseling and services   provided by the program; and                (2)  a law enforcement training reimbursement fee, in   an amount equal to five percent of the total amount paid under   Subdivision (1), to be deposited to the credit of the treasury of   the county or municipality that established the program to cover   costs associated with the provision of training to law enforcement   personnel on domestic violence, prostitution, and the trafficking   of persons.          (b)  Reimbursement fees collected under this section may be   paid on a periodic basis or on a deferred payment schedule at the   discretion of the judge, magistrate, or program director   administering the first offender solicitation of prostitution   prevention program. The fees must be based on the participant's   ability to pay.          Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE   REQUIREMENT. (a)  To encourage participation in a first offender   solicitation of prostitution prevention program established under   this chapter, the judge or magistrate administering the program may   suspend any requirement that, as a condition of community   supervision, a participant in the program work a specified number   of hours at a community service project.          (b)  On a participant's successful completion of a first   offender solicitation of prostitution prevention program, a judge   or magistrate may excuse the participant from any condition of   community supervision previously suspended under Subsection (a).          SECTION 23.  Section 455.202(d)(2), Occupations Code, is   amended to read as follows:                (2)  "Sexual contact" includes:                      (A)  any touching of any part of the genitalia or   anus;                      (B)  any touching of the breasts of a female   without the written consent of the female;                      (C)  any offer or agreement to engage in any   activity described in Paragraph (A) or (B);                      (D)  kissing without the consent of both persons;                      (E)  deviate sexual intercourse, sexual contact,   sexual intercourse, indecent exposure, sexual assault,   prostitution, solicitation of prostitution, and promotion   [promotions] of prostitution as described in Chapters 21, 22, and   43, Penal Code, or any offer or agreement to engage in such   activities;                      (F)  any behavior, gesture, or expression that may   reasonably be interpreted as inappropriately seductive or sexual;   or                      (G)  inappropriate sexual comments about or to a   client, including sexual comments about a person's body.          SECTION 24.  Section 15.031(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if, with intent that an   offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,   22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the   person by any means requests, commands, or attempts to induce a   minor or another whom the person believes to be a minor to engage in   specific conduct that, under the circumstances surrounding the   actor's conduct as the actor believes them to be, would constitute   an offense under one of those sections or would make the minor or   other believed by the person to be a minor a party to the commission   of an offense under one of those sections.          SECTION 25.  Section 20A.02(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person knowingly:                (1)  traffics another person with the intent that the   trafficked person engage in forced labor or services;                (2)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (1), including   by receiving labor or services the person knows are forced labor or   services;                (3)  traffics another person and, through force, fraud,   or coercion, causes the trafficked person to engage in conduct   prohibited by:                      (A)  Section 43.02 (Prostitution);                      (B)  Section 43.03 (Promotion of Prostitution);                      (B-1)  Section 43.031 (Online Promotion of   Prostitution);                      (C)  Section 43.04 (Aggravated Promotion of   Prostitution);                      (C-1)  Section 43.041 (Aggravated Online   Promotion of Prostitution); or                      (D)  Section 43.05 (Compelling Prostitution);                (4)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (3) or engages   in sexual conduct with a person trafficked in the manner described   in Subdivision (3);                (5)  traffics a child with the intent that the   trafficked child engage in forced labor or services;                (6)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (5), including   by receiving labor or services the person knows are forced labor or   services;                (7)  traffics a child and by any means causes the   trafficked child to engage in, or become the victim of, conduct   prohibited by:                      (A)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Children);                      (B)  Section 21.11 (Indecency with a Child);                      (C)  Section 22.011 (Sexual Assault);                      (D)  Section 22.021 (Aggravated Sexual Assault);                      (E)  Section 43.02 (Prostitution);                      (E-1)  Section 43.021 (Solicitation of   Prostitution);                      (F)  Section 43.03 (Promotion of Prostitution);                      (F-1)  Section 43.031 (Online Promotion of   Prostitution);                      (G)  Section 43.04 (Aggravated Promotion of   Prostitution);                      (G-1)  Section 43.041 (Aggravated Online   Promotion of Prostitution);                      (H)  Section 43.05 (Compelling Prostitution);                      (I)  Section 43.25 (Sexual Performance by a   Child);                      (J)  Section 43.251 (Employment Harmful to   Children); or                      (K)  Section 43.26 (Possession or Promotion of   Child Pornography); or                (8)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (7) or engages   in sexual conduct with a child trafficked in the manner described in   Subdivision (7).          SECTION 26.  Section 25.08(c), Penal Code, is amended to   read as follows:          (c)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   the actor commits the offense with intent to commit an offense under   Section 20A.02, 43.021 [43.02], 43.05, or 43.25.          SECTION 27.  Section 25.081(c), Penal Code, is amended to   read as follows:          (c)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   the actor commits the offense with intent to commit an offense under   Section 20A.02, 43.021 [43.02], 43.05, 43.25, 43.251, or 43.26.          SECTION 28.  Section 43.01, Penal Code, is amended by adding   Subdivision (6) to read as follows:                (6)  "Solicitation of prostitution" means the offense   defined in Section 43.021.          SECTION 29.  Section 43.031(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person owns, manages,   or operates an interactive computer service or information content   provider, or operates as an information content provider, with the   intent to promote the prostitution of another person or facilitate   another person to engage in prostitution or solicitation of   prostitution.          SECTION 30.  Section 43.041(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person owns, manages,   or operates an interactive computer service or information content   provider, or operates as an information content provider, with the   intent to promote the prostitution of five or more persons or   facilitate five or more persons to engage in prostitution or   solicitation of prostitution.          SECTION 31.  Section 93.013(a), Property Code, is amended to   read as follows:          (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 as described by Section 43.02, Penal Code,   solicitation of prostitution as described by Section 43.021, Penal   Code, promotion of prostitution as described by Section 43.03,   Penal Code, aggravated promotion of prostitution as described by   Section 43.04, Penal Code, [or] compelling prostitution[,] as   described [prohibited] by Section 43.05, [the] Penal Code, or   trafficking of persons as described by Section 20A.02, Penal Code.          SECTION 32.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 33.  This Act takes effect September 1, 2021.