H.B. No. 2014
 
 
 
 
AN ACT
  relating to certain criminal and civil consequences of trafficking
  of persons, compelling prostitution, and certain other related
  criminal offenses and to the prevention, prosecution, and
  punishment of those offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
         SECTION 1.01.  Section 11.44(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  The commission or administrator shall refuse to issue
  for a period of three years a permit or license for any location to
  an applicant who submitted a prior application that expired or was
  voluntarily surrendered before the hearing on the application was
  held on a protest involving allegations of prostitution, a
  shooting, stabbing, or other violent act, or an offense involving
  drugs or trafficking of persons.  The three-year period commences
  on the date the prior application expired or was voluntarily
  surrendered.
         SECTION 1.02.  Section 11.46(c), Alcoholic Beverage Code, is
  amended to read as follows:
         (c)  The commission or administrator shall refuse to issue
  for a period of one year after cancellation a mixed beverage permit
  or private club registration permit for a premises where a license
  or permit has been canceled during the preceding 12 months as a
  result of a shooting, stabbing, or other violent act, or as a result
  of an offense involving drugs, prostitution, or trafficking of
  persons.
         SECTION 1.03.  Section 11.64(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  When the commission or administrator is authorized to
  suspend a permit or license under this code, the commission or
  administrator shall give the permittee or licensee the opportunity
  to pay a civil penalty rather than have the permit or license
  suspended, unless the basis for the suspension is a violation of
  Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
  61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
  101.63, 106.03, 106.06, or 106.15, the sale or offer for sale of an
  alcoholic beverage during hours prohibited by Chapter 105,
  consumption or the permitting of consumption of an alcoholic
  beverage on the person's licensed or permitted premises during
  hours prohibited by Chapter 105 or Section 32.17(a)(7), or an
  offense relating to prostitution, trafficking of persons, or
  gambling, in which case the commission or administrator shall
  determine whether the permittee or licensee may have the
  opportunity to pay a civil penalty rather than have the permit or
  license suspended.  The commission shall adopt rules addressing
  when suspension may be imposed pursuant to this section without the
  opportunity to pay a civil penalty.  In adopting rules under this
  subsection, the commission shall consider the type of license or
  permit held, the type of violation, any aggravating or ameliorating
  circumstances concerning the violation, and any past violations of
  this code by the permittee or licensee.  In cases in which a civil
  penalty is assessed, the commission or administrator shall
  determine the amount of the penalty.  The amount of the civil
  penalty may not be less than $150 or more than $25,000 for each day
  the permit or license was to have been suspended.  If the licensee
  or permittee does not pay the penalty before the sixth day after the
  commission or administrator notifies him of the amount, the
  commission or administrator shall impose the suspension.
         SECTION 1.04.  Section 61.42(c), Alcoholic Beverage Code, is
  amended to read as follows:
         (c)  The county judge, commission, or administrator shall
  refuse to approve or issue for a period of one year a retail
  dealer's on-premise license or a wine and beer retailer's permit for
  a premises where a license or permit has been canceled during the
  preceding 12 months as a result of a shooting, stabbing, or other
  violent act, or as a result of an offense involving drugs,
  prostitution, or trafficking of persons.
  ARTICLE 2. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
         SECTION 2.01.  Article 17.153(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  This article applies to a defendant charged with a
  felony offense under any of the following provisions of the Penal
  Code, if committed against a child younger than 14 years of age:
               (1)  Chapter 21 (Sexual Offenses);
               (2)  Section 25.02 (Prohibited Sexual Conduct); [or]
               (3)  Section 43.25 (Sexual Performance by a Child);
               (4)  Section 20A.02 (Trafficking of Persons), if the
  defendant is alleged to have:
                     (A)  trafficked the child with the intent or
  knowledge that the child would engage in sexual conduct, as defined
  by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked child engaging in sexual conduct, as
  defined by Section 43.25, Penal Code; or
               (5)  Section 43.05(a)(2) (Compelling Prostitution).
         SECTION 2.02.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0372 to read as follows:
         Art. 42.0372.  MANDATORY RESTITUTION FOR CHILD VICTIMS OF
  TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) The court
  shall order a defendant convicted of an offense under Section
  20A.02 or 43.05(a)(2), Penal Code, to pay restitution in an amount
  equal to the cost of necessary rehabilitation, including medical,
  psychiatric, and psychological care and treatment, for any victim
  of the offense who is younger than 18 years of age.
         (b)  The court shall, after considering the financial
  circumstances of the defendant, specify in a restitution order
  issued under Subsection (a) the manner in which the defendant must
  pay the restitution.
         (c)  A restitution order issued under Subsection (a) may be
  enforced by the state, or by a victim named in the order to receive
  the restitution, in the same manner as a judgment in a civil action.
         (d)  The court may hold a hearing, make findings of fact, and
  amend a restitution order issued under Subsection (a) if the
  defendant fails to pay the victim named in the order in the manner
  specified by the court.
         SECTION 2.03.  Section 13B(b), Article 42.12, Code of
  Criminal Procedure, is amended to read as follows:
         (b)  This section applies to a defendant placed on community
  supervision for an offense:
               (1)  under Section 43.05(a)(2), 43.25, or 43.26, Penal
  Code;
               (2)  under Section 21.08, 21.11, 22.011, 22.021, or
  25.02, Penal Code;
               (3)  under Section 20.04(a)(4), Penal Code, if the
  defendant committed the offense with the intent to violate or abuse
  the victim sexually; [or]
               (4)  under Section 30.02, Penal Code, punishable under
  Subsection (d) of that section, if the defendant committed the
  offense with the intent to commit a felony listed in Subdivision (2)
  or (3) of this subsection; or
               (5)  under Section 20A.02, Penal Code, if the
  defendant:
                     (A)  trafficked the victim with the intent or
  knowledge that the victim would engage in sexual conduct, as
  defined by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked victim engaging in sexual conduct, as
  defined by Section 43.25, Penal Code.
         SECTION 2.04.  Article 59.01(2), Code of Criminal Procedure,
  as amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
  (S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
  reenacted and amended to read as follows:
               (2)  "Contraband" means property of any nature,
  including real, personal, tangible, or intangible, that is:
                     (A)  used in the commission of:
                           (i)  any first or second degree felony under
  the Penal Code;
                           (ii)  any felony under Section 15.031(b),
  20.05, 21.11, 38.04, or [Subchapter B of] Chapter 43, 20A, [or
  Chapter] 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
                           (iii)  any felony under The Securities Act
  (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
                           (iv)  any offense under Chapter 49, Penal
  Code, that is punishable as a felony of the third degree or state
  jail felony, if the defendant has been previously convicted three
  times of an offense under that chapter;
                     (B)  used or intended to be used in the commission
  of:
                           (i)  any felony under Chapter 481, Health
  and Safety Code (Texas Controlled Substances Act);
                           (ii)  any felony under Chapter 483, Health
  and Safety Code;
                           (iii)  a felony under Chapter 153, Finance
  Code;
                           (iv)  any felony under Chapter 34, Penal
  Code;
                           (v)  a Class A misdemeanor under Subchapter
  B, Chapter 365, Health and Safety Code, if the defendant has been
  previously convicted twice of an offense under that subchapter;
                           (vi)  any felony under Chapter 152, Finance
  Code;
                           (vii)  any felony under Chapter 32, Human
  Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
  involves the state Medicaid program;
                           (viii)  a Class B misdemeanor under Chapter
  522, Business & Commerce Code;
                           (ix)  a Class A misdemeanor under Section
  306.051, Business & Commerce Code; [or]
                           (x)  any offense under Section 42.10, Penal
  Code;
                           (xi) [(x)]  any offense under Section
  46.06(a)(1) or 46.14, Penal Code; or
                           (xii) [(x)]  any offense under Chapter 71,
  Penal Code;
                     (C)  the proceeds gained from the commission of a
  felony listed in Paragraph (A) or (B) of this subdivision, a
  misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii) 
  [(B)(viii) or (x)] of this subdivision, or a crime of violence;
                     (D)  acquired with proceeds gained from the
  commission of a felony listed in Paragraph (A) or (B) of this
  subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
  (xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
  violence; [or]
                     (E)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 15.031 or
  43.25, Penal Code; or
                     (F)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 20A.02 or
  Chapter 43, Penal Code.
         SECTION 2.05.  Article 60.051(g), Code of Criminal
  Procedure, is amended to read as follows:
         (g)  In addition to the information described by Subsections
  (a)-(f), information in the computerized criminal history system
  must include the age of the victim of the offense if the defendant
  was arrested for or charged with an offense under:
               (1)  Section 21.02 (Continuous sexual abuse of young
  child or children), Penal Code;
               (2)  Section 21.11 (Indecency with a child), Penal
  Code;
               (3)  Section 22.011 (Sexual assault) or 22.021
  (Aggravated sexual assault), Penal Code;
               (4)  Section 43.25 (Sexual performance by a child),
  Penal Code;
               (5)  Section 20.04(a)(4) (Aggravated kidnapping),
  Penal Code, if the defendant committed the offense with intent to
  violate or abuse the victim sexually; [or]
               (6)  Section 30.02 (Burglary), Penal Code, if the
  offense is punishable under Subsection (d) of that section and the
  defendant committed the offense with intent to commit an offense
  described by Subdivision (2), (3), or (5);
               (7)  Section 20A.02 (Trafficking of persons), Penal
  Code, if the defendant:
                     (A)  trafficked a person with the intent or
  knowledge that the person would engage in sexual conduct, as
  defined by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked person engaging in sexual conduct, as
  defined by Section 43.25, Penal Code; or
               (8)  Section 43.05(a)(2) (Compelling prostitution),
  Penal Code.
  ARTICLE 3. CHANGES RELATING TO GOVERNMENT CODE
         SECTION 3.01.  Subchapter C, Chapter 71, Government Code, is
  amended by adding Section 71.0353 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; and
               (3)  compelling prostitution under Section 43.05,
  Penal Code.
         SECTION 3.02.  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)  [and a statistical breakdown of] offenses
  under Sections 22.011 and 22.021, Penal Code; and
                     (C)  offenses under Sections 20A.02 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 all other pertinent information
  about all persons on active protective orders.  Information in the
  law enforcement information system relating to an active protective
  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;
                     (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;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed; and
                     (G)  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 3.03.  Section 508.187(a), Government Code, is
  amended to read as follows:
         (a)  This section applies only to a releasee serving a
  sentence for an offense under:
               (1)  Section 43.25 or 43.26, Penal Code;
               (2)  Section 21.02, 21.11, 22.011, 22.021, or 25.02,
  Penal Code;
               (3)  Section 20.04(a)(4), Penal Code, if the releasee
  committed the offense with the intent to violate or abuse the victim
  sexually; [or]
               (4)  Section 30.02, Penal Code, punishable under
  Subsection (d) of that section, if the releasee committed the
  offense with the intent to commit a felony listed in Subdivision (2)
  or (3);
               (5)  Section 43.05(a)(2), Penal Code; or
               (6)  Section 20A.02, Penal Code, if the defendant:
                     (A)  trafficked the victim with the intent or
  knowledge that the victim would engage in sexual conduct, as
  defined by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked victim engaging in sexual conduct, as
  defined by Section 43.25, Penal Code.
         SECTION 3.04.  Sections 772.006(e) and (f), Government Code,
  are amended to read as follows:
         (e)  The legislature may appropriate money from the
  trafficking of persons investigation and prosecution account
  created under Subsection (d) only to the criminal justice division
  for the purposes of this subsection.  The division may use the
  appropriated money solely to distribute grants to qualified
  applicants, as determined by the division, that:
               (1)  [counties that apply for the grants and that] have
  dedicated full-time or part-time personnel to identify, prevent,
  investigate, or prosecute offenses under Chapter 20A, Penal Code;
  or [and]
               (2)  [nongovernmental organizations that apply for the
  grants and that] provide comprehensive services in this state to
  prevent the commission of offenses under Chapter 20A, Penal Code,
  or to address the needs of victims of those offenses, including
  public awareness activities, community outreach and training,
  victim identification services, legal services, and other services
  designed to assist victims.
         (f)  The total amount of grants that may be distributed under
  this section [to counties and nongovernmental organizations] from
  the trafficking of persons investigation and prosecution account
  during each state fiscal year may not exceed $10 million.
  ARTICLE 4. CHANGES RELATING TO PENAL CODE
         SECTION 4.01.  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, 43.02, 43.05, or 43.25.
         SECTION 4.02.  Section 43.02(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is:
               (1)  a Class A misdemeanor if [unless] the actor has
  previously been convicted one or two times of an offense under this
  section;
               (2)  a state jail felony if[, in which event it is a
  Class A misdemeanor. If] the actor has previously been convicted
  three or more times of an offense under this section;
               (3)  a felony of the third degree if the person
  solicited is 14 years of age or older and younger than 18 years of
  age; or
               (4)  a felony of the second degree if the person
  solicited is younger than 14 years of age[, the offense is a state
  jail felony].
         SECTION 4.03.  Section 43.251(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if
  the child is younger than 14 years of age at the time the offense is
  committed [Class A misdemeanor].
  ARTICLE 5. TRANSITION; EFFECTIVE DATE
         SECTION 5.01.  Except as provided by Section 5.02 of this
  Act, 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 covered by the
  law in effect when 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 5.02.  The changes in law made by this Act to
  Sections 11.44, 11.46, 11.64, and 61.42, Alcoholic Beverage Code,
  apply only to an application for a license filed on or after the
  effective date of this Act. An application for a license filed
  before the effective date of this Act is governed by the law in
  effect on the date the application was filed, and the former law is
  continued in effect for that purpose.
         SECTION 5.03.  To the extent of any conflict, this Act
  prevails over another Act of the 82nd Legislature, Regular Session,
  2011, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 5.04.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2014 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2014 on May 18, 2011, by the following vote:  Yeas 146, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2014 was passed by the Senate, with
  amendments, on May 13, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor