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        |  | AN ACT | 
      
        |  | relating to the prosecution, punishment, and certain criminal and | 
      
        |  | civil consequences of offenses involving or related to the | 
      
        |  | trafficking of persons and to certain protections for victims of | 
      
        |  | those offenses. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | ARTICLE 1.  TRAFFICKING OF PERSONS AND COMPELLING PROSTITUTION | 
      
        |  | SECTION 1.01.  Section 20A.01, Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 20A.01.  DEFINITIONS.  In this chapter: | 
      
        |  | (1)  "Child" means a person younger than 18 years of | 
      
        |  | age. | 
      
        |  | (2)  "Forced labor or services" means labor or | 
      
        |  | services, other than labor or services that constitute sexual | 
      
        |  | conduct [ including conduct that constitutes an offense under  | 
      
        |  | Section 43.02], that are performed or provided by another person | 
      
        |  | and obtained through an actor's use of force, fraud, or coercion[ : | 
      
        |  | [ (A)  causing or threatening to cause bodily  | 
      
        |  | injury to the person or another person or otherwise causing the  | 
      
        |  | person performing or providing labor or services to believe that  | 
      
        |  | the person or another person will suffer bodily injury; | 
      
        |  | [ (B)  restraining or threatening to restrain the  | 
      
        |  | person or another person in a manner described by Section 20.01(1)  | 
      
        |  | or causing the person performing or providing labor or services to  | 
      
        |  | believe that the person or another person will be restrained; | 
      
        |  | [ (C)  knowingly destroying, concealing, removing,  | 
      
        |  | confiscating, or withholding from the person or another person, or  | 
      
        |  | threatening to destroy, conceal, remove, confiscate, or withhold  | 
      
        |  | from the person or another person, the person's actual or  | 
      
        |  | purported: | 
      
        |  | [ (i)  government records; | 
      
        |  | [ (ii)  identifying information; or | 
      
        |  | [ (iii)  personal property; | 
      
        |  | [ (D)  threatening the person with abuse of the law  | 
      
        |  | or the legal process in relation to the person or another person; | 
      
        |  | [ (E)  threatening to report the person or another  | 
      
        |  | person to immigration officials or other law enforcement officials  | 
      
        |  | or otherwise blackmailing or extorting the person or another  | 
      
        |  | person; | 
      
        |  | [ (F)  exerting financial control over the person  | 
      
        |  | or another person by placing the person or another person under the  | 
      
        |  | actor's control as security for a debt to the extent that: | 
      
        |  | [ (i)  the value of the services provided by  | 
      
        |  | the person or another person as reasonably assessed is not applied  | 
      
        |  | toward the liquidation of the debt; | 
      
        |  | [ (ii)  the duration of the services provided  | 
      
        |  | by the person or another person is not limited and the nature of the  | 
      
        |  | services provided by the person or another person is not defined; or | 
      
        |  | [ (iii)  the principal amount of the debt  | 
      
        |  | does not reasonably reflect the value of the items or services for  | 
      
        |  | which the debt was incurred; or | 
      
        |  | [ (G)  using any scheme, plan, or pattern intended  | 
      
        |  | to cause the person to believe that the person or another person  | 
      
        |  | will be subjected to serious harm or restraint if the person does  | 
      
        |  | not perform or provide the labor or services]. | 
      
        |  | (3)  "Sexual conduct" has the meaning assigned by | 
      
        |  | Section 43.25. | 
      
        |  | (4) [ (2)]  "Traffic" means to transport, entice, | 
      
        |  | recruit, harbor, provide, or otherwise obtain another person by any | 
      
        |  | means. | 
      
        |  | SECTION 1.02.  Section 20A.02, Penal Code, is amended by | 
      
        |  | amending Subsections (a) and (b) and adding Subsection (d) to read | 
      
        |  | as follows: | 
      
        |  | (a)  A person commits an offense if the person knowingly: | 
      
        |  | (1)  traffics another person with the intent [ or  | 
      
        |  | knowledge] that the trafficked person [will] engage in forced labor | 
      
        |  | or services; [ or] | 
      
        |  | (2)  receives a benefit [ benefits] 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); | 
      
        |  | (C)  Section 43.04 (Aggravated 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); | 
      
        |  | (F)  Section 43.03 (Promotion of Prostitution); | 
      
        |  | (G)  Section 43.04 (Aggravated 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). | 
      
        |  | (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) [ Section 43.05 or 43.25  | 
      
        |  | and the person who is trafficked is a child younger than 18 years of  | 
      
        |  | age at the time of the offense], regardless of whether the actor | 
      
        |  | knows the age of the child at the time the actor commits the | 
      
        |  | offense; or | 
      
        |  | (2)  the commission of the offense results in the death | 
      
        |  | of the person who is trafficked. | 
      
        |  | (d)  If the victim of an offense under Subsection (a)(7)(A) | 
      
        |  | is the same victim as a victim of an offense under Section 21.02, a | 
      
        |  | defendant may not be convicted of the offense under Section 21.02 in | 
      
        |  | the same criminal action as the offense under Subsection (a)(7)(A) | 
      
        |  | unless the offense under Section 21.02: | 
      
        |  | (1)  is charged in the alternative; | 
      
        |  | (2)  occurred outside the period in which the offense | 
      
        |  | alleged under Subsection (a)(7)(A) was committed; or | 
      
        |  | (3)  is considered by the trier of fact to be a lesser | 
      
        |  | included offense of the offense alleged under Subsection (a)(7)(A). | 
      
        |  | SECTION 1.03.  Subsection (b), Section 43.05, Penal Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  An offense under Subsection (a)(1) [ this section] is a | 
      
        |  | felony of the second degree.  An offense under Subsection (a)(2) is | 
      
        |  | a felony of the first degree. | 
      
        |  | ARTICLE 2.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
        |  | SECTION 2.01.  The heading to Chapter 7A, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | CHAPTER 7A.  PROTECTIVE ORDER FOR CERTAIN VICTIMS [ VICTIM] OF | 
      
        |  | TRAFFICKING OR SEXUAL ASSAULT | 
      
        |  | SECTION 2.02.  Subsection (a), Article 7A.01, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (a)  The following persons [ A person who is the victim of an  | 
      
        |  | offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code,  | 
      
        |  | a parent or guardian acting on behalf of a person younger than 17  | 
      
        |  | years of age who is the victim of such an offense, or a prosecuting  | 
      
        |  | attorney acting on behalf of the person] may file an application for | 
      
        |  | a protective order under this chapter without regard to the | 
      
        |  | relationship between the applicant and the alleged offender: | 
      
        |  | (1)  a person who is the victim of an offense under | 
      
        |  | Section 21.02, 21.11, 22.011, or 22.021, Penal Code; | 
      
        |  | (2)  a person who is the victim of an offense under | 
      
        |  | Section 20A.02(a)(3), (4), (7), or (8) or Section 43.05, Penal | 
      
        |  | Code; | 
      
        |  | (3)  a parent or guardian acting on behalf of a person | 
      
        |  | younger than 18 years of age who is the victim of an offense listed | 
      
        |  | in Subdivision (1) or (2); or | 
      
        |  | (4)  a prosecuting attorney acting on behalf of a | 
      
        |  | person described by Subdivision (1) or (2). | 
      
        |  | SECTION 2.03.  Article 12.01, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 12.01.  FELONIES.  Except as provided in Article 12.03, | 
      
        |  | felony indictments may be presented within these limits, and not | 
      
        |  | afterward: | 
      
        |  | (1)  no limitation: | 
      
        |  | (A)  murder and manslaughter; | 
      
        |  | (B)  sexual assault under Section 22.011(a)(2), | 
      
        |  | Penal Code, or aggravated sexual assault under Section | 
      
        |  | 22.021(a)(1)(B), Penal Code; | 
      
        |  | (C)  sexual assault, if during the investigation | 
      
        |  | of the offense biological matter is collected and subjected to | 
      
        |  | forensic DNA testing and the testing results show that the matter | 
      
        |  | does not match the victim or any other person whose identity is | 
      
        |  | readily ascertained; | 
      
        |  | (D)  continuous sexual abuse of young child or | 
      
        |  | children under Section 21.02, Penal Code; | 
      
        |  | (E)  indecency with a child under Section 21.11, | 
      
        |  | Penal Code; [ or] | 
      
        |  | (F)  an offense involving leaving the scene of an | 
      
        |  | accident under Section 550.021, Transportation Code, if the | 
      
        |  | accident resulted in the death of a person; or | 
      
        |  | (G)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(7) or (8), Penal Code; | 
      
        |  | (2)  ten years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  theft of any estate, real, personal or mixed, | 
      
        |  | by an executor, administrator, guardian or trustee, with intent to | 
      
        |  | defraud any creditor, heir, legatee, ward, distributee, | 
      
        |  | beneficiary or settlor of a trust interested in such estate; | 
      
        |  | (B)  theft by a public servant of government | 
      
        |  | property over which he exercises control in his official capacity; | 
      
        |  | (C)  forgery or the uttering, using or passing of | 
      
        |  | forged instruments; | 
      
        |  | (D)  injury to an elderly or disabled individual | 
      
        |  | punishable as a felony of the first degree under Section 22.04, | 
      
        |  | Penal Code; | 
      
        |  | (E)  sexual assault, except as provided by | 
      
        |  | Subdivision (1); [ or] | 
      
        |  | (F)  arson; | 
      
        |  | (G)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(1), (2), (3), or (4), Penal Code; or | 
      
        |  | (H)  compelling prostitution under Section | 
      
        |  | 43.05(a)(1), Penal Code; | 
      
        |  | (3)  seven years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  misapplication of fiduciary property or | 
      
        |  | property of a financial institution; | 
      
        |  | (B)  securing execution of document by deception; | 
      
        |  | (C)  a felony violation under Chapter 162, Tax | 
      
        |  | Code; | 
      
        |  | (D)  false statement to obtain property or credit | 
      
        |  | under Section 32.32, Penal Code; | 
      
        |  | (E)  money laundering; | 
      
        |  | (F)  credit card or debit card abuse under Section | 
      
        |  | 32.31, Penal Code; or | 
      
        |  | (G)  fraudulent use or possession of identifying | 
      
        |  | information under Section 32.51, Penal Code; | 
      
        |  | (4)  five years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  theft or robbery; | 
      
        |  | (B)  except as provided by Subdivision (5), | 
      
        |  | kidnapping or burglary; | 
      
        |  | (C)  injury to an elderly or disabled individual | 
      
        |  | that is not punishable as a felony of the first degree under Section | 
      
        |  | 22.04, Penal Code; | 
      
        |  | (D)  abandoning or endangering a child; or | 
      
        |  | (E)  insurance fraud; | 
      
        |  | (5)  if the investigation of the offense shows that the | 
      
        |  | victim is younger than 17 years of age at the time the offense is | 
      
        |  | committed, 20 years from the 18th birthday of the victim of one of | 
      
        |  | the following offenses: | 
      
        |  | (A)  sexual performance by a child under Section | 
      
        |  | 43.25, Penal Code; | 
      
        |  | (B)  aggravated kidnapping 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 | 
      
        |  | (C)  burglary under Section 30.02, Penal Code, if | 
      
        |  | the offense is punishable under Subsection (d) of that section and | 
      
        |  | the defendant committed the offense with the intent to commit an | 
      
        |  | offense described by Subdivision (1)(B) or (D) of this article or | 
      
        |  | Paragraph (B) of this subdivision; | 
      
        |  | (6)  ten years from the 18th birthday of the victim of | 
      
        |  | the offense: | 
      
        |  | (A)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(5) or (6), Penal Code; | 
      
        |  | (B)  injury to a child under Section 22.04, Penal | 
      
        |  | Code; or | 
      
        |  | (C)  compelling prostitution under Section | 
      
        |  | 43.05(a)(2), Penal Code; or | 
      
        |  | (7)  three years from the date of the commission of the | 
      
        |  | offense:  all other felonies. | 
      
        |  | SECTION 2.04.  Article 13.12, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 13.12.  TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, AND | 
      
        |  | KIDNAPPING.  Venue for trafficking of persons, false imprisonment, | 
      
        |  | and kidnapping is in: | 
      
        |  | (1)  [ either] the county in which the offense was | 
      
        |  | committed;[ ,] or | 
      
        |  | (2)  [ in] any county through, into, or out of which the | 
      
        |  | person trafficked, falsely imprisoned, or kidnapped may have been | 
      
        |  | taken. | 
      
        |  | SECTION 2.05.  Subsection (a), Article 38.07, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (a)  A conviction under Chapter 21, Section 20A.02(a)(3), | 
      
        |  | (4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is | 
      
        |  | supportable on the uncorroborated testimony of the victim of the | 
      
        |  | sexual offense if the victim informed any person, other than the | 
      
        |  | defendant, of the alleged offense within one year after the date on | 
      
        |  | which the offense is alleged to have occurred. | 
      
        |  | SECTION 2.06.  Section 1, Article 38.071, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | Sec. 1.  This article applies only to a hearing or proceeding | 
      
        |  | in which the court determines that a child younger than 13 years of | 
      
        |  | age would be unavailable to testify in the presence of the defendant | 
      
        |  | about an offense defined by any of the following sections of the | 
      
        |  | Penal Code: | 
      
        |  | (1)  Section 19.02 (Murder); | 
      
        |  | (2)  Section 19.03 (Capital Murder); | 
      
        |  | (3)  Section 19.04 (Manslaughter); | 
      
        |  | (4)  Section 20.04 (Aggravated Kidnapping); | 
      
        |  | (5)  Section 21.11 (Indecency with a Child); | 
      
        |  | (6)  Section 22.011 (Sexual Assault); | 
      
        |  | (7)  Section 22.02 (Aggravated Assault); | 
      
        |  | (8)  Section 22.021 (Aggravated Sexual Assault); | 
      
        |  | (9)  Section 22.04(e) (Injury to a Child, Elderly | 
      
        |  | Individual, or Disabled Individual); | 
      
        |  | (10)  Section 22.04(f) (Injury to a Child, Elderly | 
      
        |  | Individual, or Disabled Individual), if the conduct is committed | 
      
        |  | intentionally or knowingly; | 
      
        |  | (11)  Section 25.02 (Prohibited Sexual Conduct); | 
      
        |  | (12)  Section 29.03 (Aggravated Robbery); | 
      
        |  | (13)  Section 43.25 (Sexual Performance by a Child); | 
      
        |  | [ or] | 
      
        |  | (14)  Section 21.02 (Continuous Sexual Abuse of Young | 
      
        |  | Child or Children); | 
      
        |  | (15)  Section 43.05(a)(2) (Compelling Prostitution); | 
      
        |  | or | 
      
        |  | (16)  Section 20A.02(a)(7) or (8) (Trafficking of | 
      
        |  | Persons). | 
      
        |  | SECTION 2.07.  Section 1, Article 38.072, Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B. | 
      
        |  | 2846), Acts of the 81st Legislature, Regular Session, 2009, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | Sec. 1.  This article applies to a proceeding in the | 
      
        |  | prosecution of an offense under any of the following provisions of | 
      
        |  | the Penal Code, if committed against a child younger than 14 years | 
      
        |  | of age or a person with a disability: | 
      
        |  | (1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive | 
      
        |  | Offenses); | 
      
        |  | (2)  Section 25.02 (Prohibited Sexual Conduct); | 
      
        |  | (3)  Section 43.25 (Sexual Performance by a Child); | 
      
        |  | [ or] | 
      
        |  | (4)  Section 43.05(a)(2) (Compelling Prostitution); | 
      
        |  | (5)  Section 20A.02(a)(7) or (8) (Trafficking of | 
      
        |  | Persons); or | 
      
        |  | (6)  Section 15.01 (Criminal Attempt), if the offense | 
      
        |  | attempted is described by Subdivision (1), (2), [ or] (3), (4), or | 
      
        |  | (5) of this section. | 
      
        |  | SECTION 2.08.  Section 1, Article 38.37, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | Sec. 1.  This article applies to a proceeding in the | 
      
        |  | prosecution of a defendant for an offense, or an attempt or | 
      
        |  | conspiracy to commit an offense, under the following provisions of | 
      
        |  | the Penal Code: | 
      
        |  | (1)  [ ,] if committed against a child under 17 years of | 
      
        |  | age: | 
      
        |  | (A) [ (1)]  Chapter 21 (Sexual Offenses); | 
      
        |  | (B) [ (2)]  Chapter 22 (Assaultive Offenses); or | 
      
        |  | (C) [ (3)]  Section 25.02 (Prohibited Sexual | 
      
        |  | Conduct); or | 
      
        |  | (2)  if committed against a person younger than 18 | 
      
        |  | years of age: | 
      
        |  | (A) [ (4)]  Section 43.25 (Sexual Performance by a | 
      
        |  | Child); [ or] | 
      
        |  | (B)  Section 20A.02(a)(7) or (8); or | 
      
        |  | (C)  Section 43.05(a)(2) (Compelling | 
      
        |  | Prostitution) [ (5) an attempt or conspiracy to commit an offense  | 
      
        |  | listed in this section]. | 
      
        |  | SECTION 2.09.  Subsection (a), Section 3g, Article 42.12, | 
      
        |  | Code of Criminal Procedure, is amended to read as follows: | 
      
        |  | (a)  The provisions of Section 3 of this article do not | 
      
        |  | apply: | 
      
        |  | (1)  to a defendant adjudged guilty of an offense | 
      
        |  | under: | 
      
        |  | (A)  Section 19.02, Penal Code (Murder); | 
      
        |  | (B)  Section 19.03, Penal Code (Capital murder); | 
      
        |  | (C)  Section 21.11(a)(1), Penal Code (Indecency | 
      
        |  | with a child); | 
      
        |  | (D)  Section 20.04, Penal Code (Aggravated | 
      
        |  | kidnapping); | 
      
        |  | (E)  Section 22.021, Penal Code (Aggravated | 
      
        |  | sexual assault); | 
      
        |  | (F)  Section 29.03, Penal Code (Aggravated | 
      
        |  | robbery); | 
      
        |  | (G)  Chapter 481, Health and Safety Code, for | 
      
        |  | which punishment is increased under: | 
      
        |  | (i)  Section 481.140, Health and Safety | 
      
        |  | Code; or | 
      
        |  | (ii)  Section 481.134(c), (d), (e), or (f), | 
      
        |  | Health and Safety Code, if it is shown that the defendant has been | 
      
        |  | previously convicted of an offense for which punishment was | 
      
        |  | increased under any of those subsections; | 
      
        |  | (H)  Section 22.011, Penal Code (Sexual assault); | 
      
        |  | (I)  Section 22.04(a)(1), Penal Code (Injury to a | 
      
        |  | child, elderly individual, or disabled individual), if the offense | 
      
        |  | is punishable as a felony of the first degree and the victim of the | 
      
        |  | offense is a child; | 
      
        |  | (J)  Section 43.25, Penal Code (Sexual | 
      
        |  | performance by a child); [ or] | 
      
        |  | (K)  Section 15.03, Penal Code, if the offense is | 
      
        |  | punishable as a felony of the first degree; | 
      
        |  | (L)  Section 43.05, Penal Code (Compelling | 
      
        |  | prostitution); or | 
      
        |  | (M)  Section 20A.02, Penal Code (Trafficking of | 
      
        |  | persons); or | 
      
        |  | (2)  to a defendant when it is shown that a deadly | 
      
        |  | weapon as defined in Section 1.07, Penal Code, was used or exhibited | 
      
        |  | during the commission of a felony offense or during immediate | 
      
        |  | flight therefrom, and that the defendant used or exhibited the | 
      
        |  | deadly weapon or was a party to the offense and knew that a deadly | 
      
        |  | weapon would be used or exhibited.  On an affirmative finding under | 
      
        |  | this subdivision, the trial court shall enter the finding in the | 
      
        |  | judgment of the court.  On an affirmative finding that the deadly | 
      
        |  | weapon was a firearm, the court shall enter that finding in its | 
      
        |  | judgment. | 
      
        |  | SECTION 2.10.  Subdivision (5), Article 62.001, 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), 21.11 (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 43.05 (Compelling | 
      
        |  | prostitution), 43.25 (Sexual performance by a child), or 43.26 | 
      
        |  | (Possession or promotion of child pornography), Penal Code; | 
      
        |  | (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), [ or] (E), or (K); | 
      
        |  | (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), (C), (D), (E), (G), | 
      
        |  | [ or] (J), or (K), 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; [ or] | 
      
        |  | (J)  a violation of Section 33.021 (Online | 
      
        |  | solicitation of a minor), Penal Code; or | 
      
        |  | (K)  a violation of Section 20A.02(a)(3), (4), | 
      
        |  | (7), or (8) (Trafficking of persons), Penal Code. | 
      
        |  | SECTION 2.11.  Subsection (a), Article 62.101, Code of | 
      
        |  | Criminal Procedure, is amended to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (b) and Subchapter I, | 
      
        |  | the duty to register for a person ends when the person dies if the | 
      
        |  | person has a reportable conviction or adjudication, other than an | 
      
        |  | adjudication of delinquent conduct, for: | 
      
        |  | (1)  a sexually violent offense; | 
      
        |  | (2)  an offense under Section 20A.02(a)(3), (4), (7), | 
      
        |  | or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; | 
      
        |  | (3)  an offense under Section 21.11(a)(2), Penal Code, | 
      
        |  | if before or after the person is convicted or adjudicated for the | 
      
        |  | offense under Section 21.11(a)(2), Penal Code, the person receives | 
      
        |  | or has received another reportable conviction or adjudication, | 
      
        |  | other than an adjudication of delinquent conduct, for an offense or | 
      
        |  | conduct that requires registration under this chapter; | 
      
        |  | (4)  an offense under Section 20.02, 20.03, or 20.04, | 
      
        |  | Penal Code, if: | 
      
        |  | (A)  the judgment in the case contains an | 
      
        |  | affirmative finding under Article 42.015 or, for a deferred | 
      
        |  | adjudication, the papers in the case contain an affirmative finding | 
      
        |  | that the victim or intended victim was younger than 17 years of age; | 
      
        |  | and | 
      
        |  | (B)  before or after the person is convicted or | 
      
        |  | adjudicated for the offense under Section 20.02, 20.03, or 20.04, | 
      
        |  | Penal Code, the person receives or has received another reportable | 
      
        |  | conviction or adjudication, other than an adjudication of | 
      
        |  | delinquent conduct, for an offense or conduct that requires | 
      
        |  | registration under this chapter; or | 
      
        |  | (5)  an offense under Section 43.23, Penal Code, that | 
      
        |  | is punishable under Subsection (h) of that section. | 
      
        |  | ARTICLE 3.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | 
      
        |  | SECTION 3.01.  Subsection (a), Section 16.0045, Civil | 
      
        |  | Practice and Remedies Code, is amended to read as follows: | 
      
        |  | (a)  A person must bring suit for personal injury not later | 
      
        |  | than five years after the day the cause of action accrues if the | 
      
        |  | injury arises as a result of conduct that violates: | 
      
        |  | (1)  Section 22.011, Penal Code (sexual assault); | 
      
        |  | (2)  Section 22.021, Penal Code (aggravated sexual | 
      
        |  | assault); [ or] | 
      
        |  | (3)  Section 21.02, Penal Code (continuous sexual abuse | 
      
        |  | of young child or children); | 
      
        |  | (4)  Section 20A.02, Penal Code (trafficking of | 
      
        |  | persons); or | 
      
        |  | (5)  Section 43.05, Penal Code (compelling | 
      
        |  | prostitution). | 
      
        |  | SECTION 3.02.  Subsection (a), Section 125.0015, 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 | 
      
        |  | controlled substance 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; [ or] | 
      
        |  | (18)  massage therapy or other massage services in | 
      
        |  | violation of Chapter 455, Occupations Code; or | 
      
        |  | (19)  trafficking of persons as described by Section | 
      
        |  | 20A.02, Penal Code. | 
      
        |  | ARTICLE 4.  CHANGES RELATING TO FAMILY CODE, INCLUDING JUVENILE | 
      
        |  | JUSTICE CODE | 
      
        |  | SECTION 4.01.  Subsection (a), Section 54.031, Family Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  This section applies to a hearing under this title in | 
      
        |  | which a child is alleged to be a delinquent child on the basis of a | 
      
        |  | violation of any of the following provisions of the Penal Code, if a | 
      
        |  | child 12 years of age or younger or a person with a disability is the | 
      
        |  | alleged victim of the violation: | 
      
        |  | (1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive | 
      
        |  | Offenses); | 
      
        |  | (2)  Section 25.02 (Prohibited Sexual Conduct); [ or] | 
      
        |  | (3)  Section 43.25 (Sexual Performance by a Child); | 
      
        |  | (4)  Section 20A.02(a)(7) or (8) (Trafficking of | 
      
        |  | Persons); or | 
      
        |  | (5)  Section 43.05(a)(2) (Compelling Prostitution). | 
      
        |  | SECTION 4.02.  Section 161.001, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD | 
      
        |  | RELATIONSHIP.  The court may order termination of the parent-child | 
      
        |  | relationship if the court finds by clear and convincing evidence: | 
      
        |  | (1)  that the parent has: | 
      
        |  | (A)  voluntarily left the child alone or in the | 
      
        |  | possession of another not the parent and expressed an intent not to | 
      
        |  | return; | 
      
        |  | (B)  voluntarily left the child alone or in the | 
      
        |  | possession of another not the parent without expressing an intent | 
      
        |  | to return, without providing for the adequate support of the child, | 
      
        |  | and remained away for a period of at least three months; | 
      
        |  | (C)  voluntarily left the child alone or in the | 
      
        |  | possession of another without providing adequate support of the | 
      
        |  | child and remained away for a period of at least six months; | 
      
        |  | (D)  knowingly placed or knowingly allowed the | 
      
        |  | child to remain in conditions or surroundings which endanger the | 
      
        |  | physical or emotional well-being of the child; | 
      
        |  | (E)  engaged in conduct or knowingly placed the | 
      
        |  | child with persons who engaged in conduct which endangers the | 
      
        |  | physical or emotional well-being of the child; | 
      
        |  | (F)  failed to support the child in accordance | 
      
        |  | with the parent's ability during a period of one year ending within | 
      
        |  | six months of the date of the filing of the petition; | 
      
        |  | (G)  abandoned the child without identifying the | 
      
        |  | child or furnishing means of identification, and the child's | 
      
        |  | identity cannot be ascertained by the exercise of reasonable | 
      
        |  | diligence; | 
      
        |  | (H)  voluntarily, and with knowledge of the | 
      
        |  | pregnancy, abandoned the mother of the child beginning at a time | 
      
        |  | during her pregnancy with the child and continuing through the | 
      
        |  | birth, failed to provide adequate support or medical care for the | 
      
        |  | mother during the period of abandonment before the birth of the | 
      
        |  | child, and remained apart from the child or failed to support the | 
      
        |  | child since the birth; | 
      
        |  | (I)  contumaciously refused to submit to a | 
      
        |  | reasonable and lawful order of a court under Subchapter D, Chapter | 
      
        |  | 261; | 
      
        |  | (J)  been the major cause of: | 
      
        |  | (i)  the failure of the child to be enrolled | 
      
        |  | in school as required by the Education Code; or | 
      
        |  | (ii)  the child's absence from the child's | 
      
        |  | home without the consent of the parents or guardian for a | 
      
        |  | substantial length of time or without the intent to return; | 
      
        |  | (K)  executed before or after the suit is filed an | 
      
        |  | unrevoked or irrevocable affidavit of relinquishment of parental | 
      
        |  | rights as provided by this chapter; | 
      
        |  | (L)  been convicted or has been placed on | 
      
        |  | community supervision, including deferred adjudication community | 
      
        |  | supervision, for being criminally responsible for the death or | 
      
        |  | serious injury of a child under the following sections of the Penal | 
      
        |  | Code or adjudicated under Title 3 for conduct that caused the death | 
      
        |  | or serious injury of a child and that would constitute a violation | 
      
        |  | of one of the following Penal Code sections: | 
      
        |  | (i)  Section 19.02 (murder); | 
      
        |  | (ii)  Section 19.03 (capital murder); | 
      
        |  | (iii)  Section 19.04 (manslaughter); | 
      
        |  | (iv)  Section 21.11 (indecency with a | 
      
        |  | child); | 
      
        |  | (v)  Section 22.01 (assault); | 
      
        |  | (vi)  Section 22.011 (sexual assault); | 
      
        |  | (vii)  Section 22.02 (aggravated assault); | 
      
        |  | (viii)  Section 22.021 (aggravated sexual | 
      
        |  | assault); | 
      
        |  | (ix)  Section 22.04 (injury to a child, | 
      
        |  | elderly individual, or disabled individual); | 
      
        |  | (x)  Section 22.041 (abandoning or | 
      
        |  | endangering child); | 
      
        |  | (xi)  Section 25.02 (prohibited sexual | 
      
        |  | conduct); | 
      
        |  | (xii)  Section 43.25 (sexual performance by | 
      
        |  | a child); | 
      
        |  | (xiii)  Section 43.26 (possession or | 
      
        |  | promotion of child pornography); [ and] | 
      
        |  | (xiv)  Section 21.02 (continuous sexual | 
      
        |  | abuse of young child or children); | 
      
        |  | (xv)  Section 20A.02(a)(7) or (8) | 
      
        |  | (trafficking of persons); and | 
      
        |  | (xvi)  Section 43.05(a)(2) (compelling | 
      
        |  | prostitution); | 
      
        |  | (M)  had his or her parent-child relationship | 
      
        |  | terminated with respect to another child based on a finding that the | 
      
        |  | parent's conduct was in violation of Paragraph (D) or (E) or | 
      
        |  | substantially equivalent provisions of the law of another state; | 
      
        |  | (N)  constructively abandoned the child who has | 
      
        |  | been in the permanent or temporary managing conservatorship of the | 
      
        |  | Department of Family and Protective Services or an authorized | 
      
        |  | agency for not less than six months, and: | 
      
        |  | (i)  the department or authorized agency has | 
      
        |  | made reasonable efforts to return the child to the parent; | 
      
        |  | (ii)  the parent has not regularly visited | 
      
        |  | or maintained significant contact with the child; and | 
      
        |  | (iii)  the parent has demonstrated an | 
      
        |  | inability to provide the child with a safe environment; | 
      
        |  | (O)  failed to comply with the provisions of a | 
      
        |  | court order that specifically established the actions necessary for | 
      
        |  | the parent to obtain the return of the child who has been in the | 
      
        |  | permanent or temporary managing conservatorship of the Department | 
      
        |  | of Family and Protective Services for not less than nine months as a | 
      
        |  | result of the child's removal from the parent under Chapter 262 for | 
      
        |  | the abuse or neglect of the child; | 
      
        |  | (P)  used a controlled substance, as defined by | 
      
        |  | Chapter 481, Health and Safety Code, in a manner that endangered the | 
      
        |  | health or safety of the child, and: | 
      
        |  | (i)  failed to complete a court-ordered | 
      
        |  | substance abuse treatment program; or | 
      
        |  | (ii)  after completion of a court-ordered | 
      
        |  | substance abuse treatment program, continued to abuse a controlled | 
      
        |  | substance; | 
      
        |  | (Q)  knowingly engaged in criminal conduct that | 
      
        |  | has resulted in the parent's: | 
      
        |  | (i)  conviction of an offense; and | 
      
        |  | (ii)  confinement or imprisonment and | 
      
        |  | inability to care for the child for not less than two years from the | 
      
        |  | date of filing the petition; | 
      
        |  | (R)  been the cause of the child being born | 
      
        |  | addicted to alcohol or a controlled substance, other than a | 
      
        |  | controlled substance legally obtained by prescription, as defined | 
      
        |  | by Section 261.001; | 
      
        |  | (S)  voluntarily delivered the child to a | 
      
        |  | designated emergency infant care provider under Section 262.302 | 
      
        |  | without expressing an intent to return for the child; or | 
      
        |  | (T)  been convicted of: | 
      
        |  | (i)  the murder of the other parent of the | 
      
        |  | child under Section 19.02 or 19.03, Penal Code, or under a law of | 
      
        |  | another state, federal law, the law of a foreign country, or the | 
      
        |  | Uniform Code of Military Justice that contains elements that are | 
      
        |  | substantially similar to the elements of an offense under Section | 
      
        |  | 19.02 or 19.03, Penal Code; | 
      
        |  | (ii)  criminal attempt under Section 15.01, | 
      
        |  | Penal Code, or under a law of another state, federal law, the law of | 
      
        |  | a foreign country, or the Uniform Code of Military Justice that | 
      
        |  | contains elements that are substantially similar to the elements of | 
      
        |  | an offense under Section 15.01, Penal Code, to commit the offense | 
      
        |  | described by Subparagraph (i); or | 
      
        |  | (iii)  criminal solicitation under Section | 
      
        |  | 15.03, Penal Code, or under a law of another state, federal law, the | 
      
        |  | law of a foreign country, or the Uniform Code of Military Justice | 
      
        |  | that contains elements that are substantially similar to the | 
      
        |  | elements of an offense under Section 15.03, Penal Code, of the | 
      
        |  | offense described by Subparagraph (i); and | 
      
        |  | (2)  that termination is in the best interest of the | 
      
        |  | child. | 
      
        |  | SECTION 4.03.  Subdivision (1), Section 261.001, 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 conduct that constitutes an offense of trafficking of | 
      
        |  | persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution | 
      
        |  | under Section 43.02(a)(2), 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; [ or] | 
      
        |  | (K)  causing, permitting, encouraging, engaging | 
      
        |  | in, or allowing a sexual performance by a child as defined by | 
      
        |  | Section 43.25, Penal Code; or | 
      
        |  | (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. | 
      
        |  | SECTION 4.04.  Subsection (b), Section 262.2015, Family | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  The court may find under Subsection (a) that a parent | 
      
        |  | has subjected the child to aggravated circumstances if: | 
      
        |  | (1)  the parent abandoned the child without | 
      
        |  | identification or a means for identifying the child; | 
      
        |  | (2)  the child is a victim of serious bodily injury or | 
      
        |  | sexual abuse inflicted by the parent or by another person with the | 
      
        |  | parent's consent; | 
      
        |  | (3)  the parent has engaged in conduct against the | 
      
        |  | child that would constitute an offense under the following | 
      
        |  | provisions of the Penal Code: | 
      
        |  | (A)  Section 19.02 (murder); | 
      
        |  | (B)  Section 19.03 (capital murder); | 
      
        |  | (C)  Section 19.04 (manslaughter); | 
      
        |  | (D)  Section 21.11 (indecency with a child); | 
      
        |  | (E)  Section 22.011 (sexual assault); | 
      
        |  | (F)  Section 22.02 (aggravated assault); | 
      
        |  | (G)  Section 22.021 (aggravated sexual assault); | 
      
        |  | (H)  Section 22.04 (injury to a child, elderly | 
      
        |  | individual, or disabled individual); | 
      
        |  | (I)  Section 22.041 (abandoning or endangering | 
      
        |  | child); | 
      
        |  | (J)  Section 25.02 (prohibited sexual conduct); | 
      
        |  | (K)  Section 43.25 (sexual performance by a | 
      
        |  | child); | 
      
        |  | (L)  Section 43.26 (possession or promotion of | 
      
        |  | child pornography); [ or] | 
      
        |  | (M)  Section 21.02 (continuous sexual abuse of | 
      
        |  | young child or children); | 
      
        |  | (N)  Section 43.05(a)(2) (compelling | 
      
        |  | prostitution); or | 
      
        |  | (O)  Section 20A.02(a)(7) or (8) (trafficking of | 
      
        |  | persons); | 
      
        |  | (4)  the parent voluntarily left the child alone or in | 
      
        |  | the possession of another person not the parent of the child for at | 
      
        |  | least six months without expressing an intent to return and without | 
      
        |  | providing adequate support for the child; | 
      
        |  | (5)  the parent's parental rights with regard to | 
      
        |  | another child have been involuntarily terminated based on a finding | 
      
        |  | that the parent's conduct violated Section 161.001(1)(D) or (E) or | 
      
        |  | a substantially equivalent provision of another state's law; | 
      
        |  | (6)  the parent has been convicted for: | 
      
        |  | (A)  the murder of another child of the parent and | 
      
        |  | the offense would have been an offense under 18 U.S.C. Section | 
      
        |  | 1111(a) if the offense had occurred in the special maritime or | 
      
        |  | territorial jurisdiction of the United States; | 
      
        |  | (B)  the voluntary manslaughter of another child | 
      
        |  | of the parent and the offense would have been an offense under 18 | 
      
        |  | U.S.C. Section 1112(a) if the offense had occurred in the special | 
      
        |  | maritime or territorial jurisdiction of the United States; | 
      
        |  | (C)  aiding or abetting, attempting, conspiring, | 
      
        |  | or soliciting an offense under Subdivision (A) or (B); or | 
      
        |  | (D)  the felony assault of the child or another | 
      
        |  | child of the parent that resulted in serious bodily injury to the | 
      
        |  | child or another child of the parent; or | 
      
        |  | (7)  the parent's parental rights with regard to two | 
      
        |  | other children have been involuntarily terminated. | 
      
        |  | ARTICLE 5.  CHANGES RELATING TO GOVERNMENT CODE | 
      
        |  | SECTION 5.01.  Subsection (b), Section 499.027, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  An inmate is not eligible under this subchapter to be | 
      
        |  | considered for release to intensive supervision parole if: | 
      
        |  | (1)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense for | 
      
        |  | which the judgment contains an affirmative finding under Section | 
      
        |  | 3g(a)(2), Article 42.12, Code of Criminal Procedure; | 
      
        |  | (2)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense | 
      
        |  | listed in one of the following sections of the Penal Code: | 
      
        |  | (A)  Section 19.02 (murder); | 
      
        |  | (B)  Section 19.03 (capital murder); | 
      
        |  | (C)  Section 19.04 (manslaughter); | 
      
        |  | (D)  Section 20.03 (kidnapping); | 
      
        |  | (E)  Section 20.04 (aggravated kidnapping); | 
      
        |  | (F)  Section 21.11 (indecency with a child); | 
      
        |  | (G)  Section 22.011 (sexual assault); | 
      
        |  | (H)  Section 22.02 (aggravated assault); | 
      
        |  | (I)  Section 22.021 (aggravated sexual assault); | 
      
        |  | (J)  Section 22.04 (injury to a child, [ or an] | 
      
        |  | elderly individual, or disabled individual); | 
      
        |  | (K)  Section 25.02 (prohibited sexual conduct); | 
      
        |  | (L)  Section 25.08 (sale or purchase of a child); | 
      
        |  | (M)  Section 28.02 (arson); | 
      
        |  | (N)  Section 29.02 (robbery); | 
      
        |  | (O)  Section 29.03 (aggravated robbery); | 
      
        |  | (P)  Section 30.02 (burglary), if the offense is | 
      
        |  | punished as a first-degree felony under that section; | 
      
        |  | (Q)  Section 43.04 (aggravated promotion of | 
      
        |  | prostitution); | 
      
        |  | (R)  Section 43.05 (compelling prostitution); | 
      
        |  | (S)  Section 43.24 (sale, distribution, or | 
      
        |  | display of harmful material to minor); | 
      
        |  | (T)  Section 43.25 (sexual performance by a | 
      
        |  | child); | 
      
        |  | (U)  Section 46.10 (deadly weapon in penal | 
      
        |  | institution); | 
      
        |  | (V)  Section 15.01 (criminal attempt), if the | 
      
        |  | offense attempted is listed in this subsection; | 
      
        |  | (W)  Section 15.02 (criminal conspiracy), if the | 
      
        |  | offense that is the subject of the conspiracy is listed in this | 
      
        |  | subsection; | 
      
        |  | (X)  Section 15.03 (criminal solicitation), if | 
      
        |  | the offense solicited is listed in this subsection; [ or] | 
      
        |  | (Y)  Section 21.02 (continuous sexual abuse of | 
      
        |  | young child or children); or | 
      
        |  | (Z)  Section 20A.02 (trafficking of persons); or | 
      
        |  | (3)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense under | 
      
        |  | Chapter 481, Health and Safety Code, punishable by a minimum term of | 
      
        |  | imprisonment or a maximum fine that is greater than the minimum term | 
      
        |  | of imprisonment or the maximum fine for a first degree felony. | 
      
        |  | SECTION 5.02.  Subsection (a), Section 508.149, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  An inmate may not be released to mandatory supervision | 
      
        |  | if the inmate is serving a sentence for or has been previously | 
      
        |  | convicted of: | 
      
        |  | (1)  an offense for which the judgment contains an | 
      
        |  | affirmative finding under Section 3g(a)(2), Article 42.12, Code of | 
      
        |  | Criminal Procedure; | 
      
        |  | (2)  a first degree felony or a second degree felony | 
      
        |  | under Section 19.02, Penal Code; | 
      
        |  | (3)  a capital felony under Section 19.03, Penal Code; | 
      
        |  | (4)  a first degree felony or a second degree felony | 
      
        |  | under Section 20.04, Penal Code; | 
      
        |  | (5)  an offense under Section 21.11, Penal Code; | 
      
        |  | (6)  a felony under Section 22.011, Penal Code; | 
      
        |  | (7)  a first degree felony or a second degree felony | 
      
        |  | under Section 22.02, Penal Code; | 
      
        |  | (8)  a first degree felony under Section 22.021, Penal | 
      
        |  | Code; | 
      
        |  | (9)  a first degree felony under Section 22.04, Penal | 
      
        |  | Code; | 
      
        |  | (10)  a first degree felony under Section 28.02, Penal | 
      
        |  | Code; | 
      
        |  | (11)  a second degree felony under Section 29.02, Penal | 
      
        |  | Code; | 
      
        |  | (12)  a first degree felony under Section 29.03, Penal | 
      
        |  | Code; | 
      
        |  | (13)  a first degree felony under Section 30.02, Penal | 
      
        |  | Code; | 
      
        |  | (14)  a felony for which the punishment is increased | 
      
        |  | under Section 481.134 or Section 481.140, Health and Safety Code; | 
      
        |  | (15)  an offense under Section 43.25, Penal Code; | 
      
        |  | (16)  an offense under Section 21.02, Penal Code; [ or] | 
      
        |  | (17)  a first degree felony under Section 15.03, Penal | 
      
        |  | Code; | 
      
        |  | (18)  an offense under Section 43.05, Penal Code; or | 
      
        |  | (19)  an offense under Section 20A.02, Penal Code. | 
      
        |  | ARTICLE 6.  CHANGES RELATING TO PENAL CODE | 
      
        |  | SECTION 6.01.  Subsection (b), Section 3.03, Penal Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  If the accused is found guilty of more than one offense | 
      
        |  | arising out of the same criminal episode, the sentences may run | 
      
        |  | concurrently or consecutively if each sentence is for a conviction | 
      
        |  | of: | 
      
        |  | (1)  an offense: | 
      
        |  | (A)  under Section 49.07 or 49.08, regardless of | 
      
        |  | whether the accused is convicted of violations of the same section | 
      
        |  | more than once or is convicted of violations of both sections; or | 
      
        |  | (B)  for which a plea agreement was reached in a | 
      
        |  | case in which the accused was charged with more than one offense | 
      
        |  | listed in Paragraph (A), regardless of whether the accused is | 
      
        |  | charged with violations of the same section more than once or is | 
      
        |  | charged with violations of both sections; | 
      
        |  | (2)  an offense: | 
      
        |  | (A)  under Section 33.021 or an offense under | 
      
        |  | Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed | 
      
        |  | against a victim younger than 17 years of age at the time of the | 
      
        |  | commission of the offense regardless of whether the accused is | 
      
        |  | convicted of violations of the same section more than once or is | 
      
        |  | convicted of violations of more than one section; or | 
      
        |  | (B)  for which a plea agreement was reached in a | 
      
        |  | case in which the accused was charged with more than one offense | 
      
        |  | listed in Paragraph (A) committed against a victim younger than 17 | 
      
        |  | years of age at the time of the commission of the offense regardless | 
      
        |  | of whether the accused is charged with violations of the same | 
      
        |  | section more than once or is charged with violations of more than | 
      
        |  | one section; | 
      
        |  | (3)  an offense: | 
      
        |  | (A)  under Section 21.15 or 43.26, regardless of | 
      
        |  | whether the accused is convicted of violations of the same section | 
      
        |  | more than once or is convicted of violations of both sections; or | 
      
        |  | (B)  for which a plea agreement was reached in a | 
      
        |  | case in which the accused was charged with more than one offense | 
      
        |  | listed in Paragraph (A), regardless of whether the accused is | 
      
        |  | charged with violations of the same section more than once or is | 
      
        |  | charged with violations of both sections; [ or] | 
      
        |  | (4)  an offense for which the judgment in the case | 
      
        |  | contains an affirmative finding under Article 42.0197, Code of | 
      
        |  | Criminal Procedure; or | 
      
        |  | (5)  an offense: | 
      
        |  | (A)  under Section 20A.02 or 43.05, regardless of | 
      
        |  | whether the accused is convicted of violations of the same section | 
      
        |  | more than once or is convicted of violations of both sections; or | 
      
        |  | (B)  for which a plea agreement was reached in a | 
      
        |  | case in which the accused was charged with more than one offense | 
      
        |  | listed in Paragraph (A), regardless of whether the accused is | 
      
        |  | charged with violations of the same section more than once or is | 
      
        |  | charged with violations of both sections. | 
      
        |  | SECTION 6.02.  Subdivision (2), Subsection (c), Section | 
      
        |  | 12.42, Penal Code, is amended to read as follows: | 
      
        |  | (2)  Notwithstanding Subdivision (1), a defendant | 
      
        |  | shall be punished by imprisonment in the Texas Department of | 
      
        |  | Criminal Justice for life if: | 
      
        |  | (A)  the defendant is convicted of an offense: | 
      
        |  | (i)  under Section 20A.02(a)(7) or (8), | 
      
        |  | 21.11(a)(1), 22.021, or 22.011, Penal Code; | 
      
        |  | (ii)  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 | 
      
        |  | (iii)  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 described | 
      
        |  | by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal | 
      
        |  | Code; and | 
      
        |  | (B)  the defendant has been previously convicted | 
      
        |  | of an offense: | 
      
        |  | (i)  under Section 43.25 or 43.26, Penal | 
      
        |  | Code, or an offense under Section 43.23, Penal Code, punishable | 
      
        |  | under Subsection (h) of that section; | 
      
        |  | (ii)  under Section 20A.02(a)(7) or (8), | 
      
        |  | 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; | 
      
        |  | (iii)  under Section 20.04(a)(4), Penal | 
      
        |  | Code, if the defendant committed the offense with the intent to | 
      
        |  | violate or abuse the victim sexually; | 
      
        |  | (iv)  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 described | 
      
        |  | by Subparagraph (ii) or (iii); or | 
      
        |  | (v)  under the laws of another state | 
      
        |  | containing elements that are substantially similar to the elements | 
      
        |  | of an offense listed in Subparagraph (i), (ii), (iii), or (iv). | 
      
        |  | SECTION 6.03.  Subsection (b), Section 15.031, 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, 43.05(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 6.04.  Subsection (c), Section 21.02, Penal Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  For purposes of this section, "act of sexual abuse" | 
      
        |  | means any act that is a violation of one or more of the following | 
      
        |  | penal laws: | 
      
        |  | (1)  aggravated kidnapping under Section 20.04(a)(4), | 
      
        |  | if the actor committed the offense with the intent to violate or | 
      
        |  | abuse the victim sexually; | 
      
        |  | (2)  indecency with a child under Section 21.11(a)(1), | 
      
        |  | if the actor committed the offense in a manner other than by | 
      
        |  | touching, including touching through clothing, the breast of a | 
      
        |  | child; | 
      
        |  | (3)  sexual assault under Section 22.011; | 
      
        |  | (4)  aggravated sexual assault under Section 22.021; | 
      
        |  | (5)  burglary under Section 30.02, if the offense is | 
      
        |  | punishable under Subsection (d) of that section and the actor | 
      
        |  | committed the offense with the intent to commit an offense listed in | 
      
        |  | Subdivisions (1)-(4); [ and] | 
      
        |  | (6)  sexual performance by a child under Section 43.25; | 
      
        |  | (7)  trafficking of persons under Section 20A.02(a)(7) | 
      
        |  | or (8); and | 
      
        |  | (8)  compelling prostitution under Section | 
      
        |  | 43.05(a)(2). | 
      
        |  | SECTION 6.05.  Subsection (a), Section 22.021, Penal Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  A person commits an offense: | 
      
        |  | (1)  if the person: | 
      
        |  | (A)  intentionally or knowingly: | 
      
        |  | (i)  causes the penetration of the anus or | 
      
        |  | sexual organ of another person by any means, without that person's | 
      
        |  | consent; | 
      
        |  | (ii)  causes the penetration of the mouth of | 
      
        |  | another person by the sexual organ of the actor, without that | 
      
        |  | person's consent; or | 
      
        |  | (iii)  causes the sexual organ of another | 
      
        |  | person, without that person's consent, to contact or penetrate the | 
      
        |  | mouth, anus, or sexual organ of another person, including the | 
      
        |  | actor; or | 
      
        |  | (B)  intentionally or knowingly: | 
      
        |  | (i)  causes the penetration of the anus or | 
      
        |  | sexual organ of a child by any means; | 
      
        |  | (ii)  causes the penetration of the mouth of | 
      
        |  | a child by the sexual organ of the actor; | 
      
        |  | (iii)  causes the sexual organ of a child to | 
      
        |  | contact or penetrate the mouth, anus, or sexual organ of another | 
      
        |  | person, including the actor; | 
      
        |  | (iv)  causes the anus of a child to contact | 
      
        |  | the mouth, anus, or sexual organ of another person, including the | 
      
        |  | actor; or | 
      
        |  | (v)  causes the mouth of a child to contact | 
      
        |  | the anus or sexual organ of another person, including the actor; and | 
      
        |  | (2)  if: | 
      
        |  | (A)  the person: | 
      
        |  | (i)  causes serious bodily injury or | 
      
        |  | attempts to cause the death of the victim or another person in the | 
      
        |  | course of the same criminal episode; | 
      
        |  | (ii)  by acts or words places the victim in | 
      
        |  | fear that any person will become the victim of an offense under | 
      
        |  | Section 20A.02(a)(3), (4), (7), or (8) or that death, serious | 
      
        |  | bodily injury, or kidnapping will be imminently inflicted on any | 
      
        |  | person; | 
      
        |  | (iii)  by acts or words occurring in the | 
      
        |  | presence of the victim threatens to cause any person to become the | 
      
        |  | victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or | 
      
        |  | to cause the death, serious bodily injury, or kidnapping of any | 
      
        |  | person; | 
      
        |  | (iv)  uses or exhibits a deadly weapon in the | 
      
        |  | course of the same criminal episode; | 
      
        |  | (v)  acts in concert with another who | 
      
        |  | engages in conduct described by Subdivision (1) directed toward the | 
      
        |  | same victim and occurring during the course of the same criminal | 
      
        |  | episode; or | 
      
        |  | (vi)  administers or provides | 
      
        |  | flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, | 
      
        |  | or ketamine to the victim of the offense with the intent of | 
      
        |  | facilitating the commission of the offense; | 
      
        |  | (B)  the victim is younger than 14 years of age; or | 
      
        |  | (C)  the victim is an elderly individual or a | 
      
        |  | disabled individual. | 
      
        |  | ARTICLE 7.  TRANSITION; EFFECTIVE DATE | 
      
        |  | SECTION 7.01.  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 7.02.  This Act takes effect September 1, 2011. | 
      
        |  |  | 
      
        |  |  | 
      
        |  | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 24 passed the Senate on | 
      
        |  | March 23, 2011, by the following vote:  Yeas 31, Nays 0. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 24 passed the House on | 
      
        |  | April 7, 2011, by the following vote:  Yeas 144, Nays 0, one | 
      
        |  | present not voting. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  |  | 
      
        |  | 
      
        |  | Approved: | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Governor |