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  H.B. No. 2552
 
 
 
 
AN ACT
  relating to measures to address and deter certain criminal or other
  unlawful activity, including trafficking of persons, sexual
  offenses, prostitution, and activity that may constitute a public
  nuisance; increasing criminal penalties; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 17.46(b), Business & Commerce Code, as
  amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of
  the 84th Legislature, Regular Session, 2015, is reenacted and
  amended to read as follows:
         (b)  Except as provided in Subsection (d) of this section,
  the term "false, misleading, or deceptive acts or practices"
  includes, but is not limited to, the following acts:
               (1)  passing off goods or services as those of another;
               (2)  causing confusion or misunderstanding as to the
  source, sponsorship, approval, or certification of goods or
  services;
               (3)  causing confusion or misunderstanding as to
  affiliation, connection, or association with, or certification by,
  another;
               (4)  using deceptive representations or designations
  of geographic origin in connection with goods or services;
               (5)  representing that goods or services have
  sponsorship, approval, characteristics, ingredients, uses,
  benefits, or quantities which they do not have or that a person has
  a sponsorship, approval, status, affiliation, or connection which
  the person does not;
               (6)  representing that goods are original or new if
  they are deteriorated, reconditioned, reclaimed, used, or
  secondhand;
               (7)  representing that goods or services are of a
  particular standard, quality, or grade, or that goods are of a
  particular style or model, if they are of another;
               (8)  disparaging the goods, services, or business of
  another by false or misleading representation of facts;
               (9)  advertising goods or services with intent not to
  sell them as advertised;
               (10)  advertising goods or services with intent not to
  supply a reasonable expectable public demand, unless the
  advertisements disclosed a limitation of quantity;
               (11)  making false or misleading statements of fact
  concerning the reasons for, existence of, or amount of price
  reductions;
               (12)  representing that an agreement confers or
  involves rights, remedies, or obligations which it does not have or
  involve, or which are prohibited by law;
               (13)  knowingly making false or misleading statements
  of fact concerning the need for parts, replacement, or repair
  service;
               (14)  misrepresenting the authority of a salesman,
  representative or agent to negotiate the final terms of a consumer
  transaction;
               (15)  basing a charge for the repair of any item in
  whole or in part on a guaranty or warranty instead of on the value of
  the actual repairs made or work to be performed on the item without
  stating separately the charges for the work and the charge for the
  warranty or guaranty, if any;
               (16)  disconnecting, turning back, or resetting the
  odometer of any motor vehicle so as to reduce the number of miles
  indicated on the odometer gauge;
               (17)  advertising of any sale by fraudulently
  representing that a person is going out of business;
               (18)  advertising, selling, or distributing a card
  which purports to be a prescription drug identification card issued
  under Section 4151.152, Insurance Code, in accordance with rules
  adopted by the commissioner of insurance, which offers a discount
  on the purchase of health care goods or services from a third party
  provider, and which is not evidence of insurance coverage, unless:
                     (A)  the discount is authorized under an agreement
  between the seller of the card and the provider of those goods and
  services or the discount or card is offered to members of the
  seller;
                     (B)  the seller does not represent that the card
  provides insurance coverage of any kind; and
                     (C)  the discount is not false, misleading, or
  deceptive;
               (19)  using or employing a chain referral sales plan in
  connection with the sale or offer to sell of goods, merchandise, or
  anything of value, which uses the sales technique, plan,
  arrangement, or agreement in which the buyer or prospective buyer
  is offered the opportunity to purchase merchandise or goods and in
  connection with the purchase receives the seller's promise or
  representation that the buyer shall have the right to receive
  compensation or consideration in any form for furnishing to the
  seller the names of other prospective buyers if receipt of the
  compensation or consideration is contingent upon the occurrence of
  an event subsequent to the time the buyer purchases the merchandise
  or goods;
               (20)  representing that a guaranty or warranty confers
  or involves rights or remedies which it does not have or involve,
  provided, however, that nothing in this subchapter shall be
  construed to expand the implied warranty of merchantability as
  defined in Sections 2.314 through 2.318 and Sections 2A.212 through
  2A.216 to involve obligations in excess of those which are
  appropriate to the goods;
               (21)  promoting a pyramid promotional scheme, as
  defined by Section 17.461;
               (22)  representing that work or services have been
  performed on, or parts replaced in, goods when the work or services
  were not performed or the parts replaced;
               (23)  filing suit founded upon a written contractual
  obligation of and signed by the defendant to pay money arising out
  of or based on a consumer transaction for goods, services, loans, or
  extensions of credit intended primarily for personal, family,
  household, or agricultural use in any county other than in the
  county in which the defendant resides at the time of the
  commencement of the action or in the county in which the defendant
  in fact signed the contract; provided, however, that a violation of
  this subsection shall not occur where it is shown by the person
  filing such suit that the person neither knew or had reason to know
  that the county in which such suit was filed was neither the county
  in which the defendant resides at the commencement of the suit nor
  the county in which the defendant in fact signed the contract;
               (24)  failing to disclose information concerning goods
  or services which was known at the time of the transaction if such
  failure to disclose such information was intended to induce the
  consumer into a transaction into which the consumer would not have
  entered had the information been disclosed;
               (25)  using the term "corporation," "incorporated," or
  an abbreviation of either of those terms in the name of a business
  entity that is not incorporated under the laws of this state or
  another jurisdiction;
               (26)  selling, offering to sell, or illegally promoting
  an annuity contract under Chapter 22, Acts of the 57th Legislature,
  3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
  Statutes), with the intent that the annuity contract will be the
  subject of a salary reduction agreement, as defined by that Act, if
  the annuity contract is not an eligible qualified investment under
  that Act or is not registered with the Teacher Retirement System of
  Texas as required by Section 8A of that Act;
               (27)  taking advantage of a disaster declared by the
  governor under Chapter 418, Government Code, by:
                     (A)  selling or leasing fuel, food, medicine, or
  another necessity at an exorbitant or excessive price; or
                     (B)  demanding an exorbitant or excessive price in
  connection with the sale or lease of fuel, food, medicine, or
  another necessity;
               (28)  using the translation into a foreign language of
  a title or other word, including "attorney," "lawyer," "licensed,"
  "notary," and "notary public," in any written or electronic
  material, including an advertisement, a business card, a
  letterhead, stationery, a website, or an online video, in reference
  to a person who is not an attorney in order to imply that the person
  is authorized to practice law in the United States;
               (29) [(28)]  delivering or distributing a solicitation
  in connection with a good or service that:
                     (A)  represents that the solicitation is sent on
  behalf of a governmental entity when it is not; or
                     (B)  resembles a governmental notice or form that
  represents or implies that a criminal penalty may be imposed if the
  recipient does not remit payment for the good or service;
               (30) [(29)]  delivering or distributing a solicitation
  in connection with a good or service that resembles a check or other
  negotiable instrument or invoice, unless the portion of the
  solicitation that resembles a check or other negotiable instrument
  or invoice includes the following notice, clearly and conspicuously
  printed in at least 18-point type:
         "SPECIMEN-NON-NEGOTIABLE";
               (31) [(30)]  in the production, sale, distribution, or
  promotion of a synthetic substance that produces and is intended to
  produce an effect when consumed or ingested similar to, or in excess
  of, the effect of a controlled substance or controlled substance
  analogue, as those terms are defined by Section 481.002, Health and
  Safety Code:
                     (A)  making a deceptive representation or
  designation about the synthetic substance; or
                     (B)  causing confusion or misunderstanding as to
  the effects the synthetic substance causes when consumed or
  ingested; [or]
               (32) [(31)]  a licensed public insurance adjuster
  directly or indirectly soliciting employment, as defined by Section
  38.01, Penal Code, for an attorney, or a licensed public insurance
  adjuster entering into a contract with an insured for the primary
  purpose of referring the insured to an attorney without the intent
  to actually perform the services customarily provided by a licensed
  public insurance adjuster, provided that this subdivision may not
  be construed to prohibit a licensed public insurance adjuster from
  recommending a particular attorney to an insured; or
               (33)  owning, operating, maintaining, or advertising a
  massage establishment, as defined by Section 455.001, Occupations
  Code, that:
                     (A)  is not appropriately licensed under Chapter
  455, Occupations Code, or is not in compliance with the applicable
  licensing and other requirements of that chapter; or
                     (B)  is not in compliance with an applicable local
  ordinance relating to the licensing or regulation of massage
  establishments.
         SECTION 2.  Section 125.001, Civil Practice and Remedies
  Code, is amended by adding Subdivisions (1-a) and (4) to read as
  follows:
               (1-a)  "Computer network" means the interconnection of
  two or more computers or computer systems by satellite, microwave,
  line, or other communication medium with the capability to transmit
  information between the computers.
               (4)  "Web address" means a website operating on the
  Internet.
         SECTION 3.  Section 125.0015, Civil Practice and Remedies
  Code, is amended by adding Subsections (c), (d), and (e) to read as
  follows:
         (c)  A person operating a web address or computer network in
  connection with an activity described by Subsection (a)(3), (6),
  (7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a
  common nuisance.
         (d)  Subsection (c) does not apply to:
               (1)  a provider of remote computing services or
  electronic communication services to the public;
               (2)  a provider of an interactive computer service as
  defined by 47 U.S.C. Section 230;
               (3)  an Internet service provider;
               (4)  a search engine operator;
               (5)  a browsing or hosting company;
               (6)  an operating system provider; or
               (7)  a device manufacturer.
         (e)  This section does not apply to an activity exempted,
  authorized, or otherwise lawful activity regulated by federal law.
         SECTION 4.  Subchapter A, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.0017 to read as
  follows:
         Sec. 125.0017.  NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If
  a law enforcement agency makes an arrest related to an activity
  described by Section 125.0015(a)(6), (7), or (18) that occurs at
  property leased to a person operating a massage establishment as
  defined by Section 455.001, Occupations Code, not later than the
  seventh day after the date of the arrest, the law enforcement agency
  shall provide written notice by certified mail to each person
  maintaining the property of the arrest.
         SECTION 5.  The heading to Section 125.002, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 125.002.  SUIT TO ABATE CERTAIN COMMON NUISANCES
  [NUISANCE]; BOND.
         SECTION 6.  Sections 125.002(a), (g), and (h), Civil
  Practice and Remedies Code, are amended to read as follows:
         (a)  A suit to enjoin and abate a common nuisance described
  by Section 125.0015(a) or (b) may be brought by an individual, by
  the attorney general, or by a district, county, or city attorney.
  The suit must be brought in the county in which it is alleged to
  exist against the person who is maintaining or about to maintain the
  nuisance. The suit must be brought in the name of the state if
  brought by the attorney general or a district or county attorney, in
  the name of the city if brought by a city attorney, or in the name of
  the individual if brought by a private citizen. Verification of the
  petition or proof of personal injury by the acts complained of need
  not be shown. For purposes of this subsection, personal injury may
  include economic or monetary loss.
         (g)  In an action brought under this chapter, other than an
  action brought under Section 125.0025, the petitioner may file a
  notice of lis pendens and a certified copy of an order of the court
  in the office of the county clerk in each county in which the land is
  located. The notice of lis pendens must conform to the requirements
  of Section 12.007, Property Code, and constitutes notice as
  provided by Section 13.004, Property Code. A certified copy of an
  order of the court filed in the office of the county clerk
  constitutes notice of the terms of the order and is binding on
  subsequent purchasers and lienholders.
         (h)  A person who may bring a suit under Subsection (a)
  [Section 125.0015] shall consider, among other factors, whether the
  property owner, the owner's authorized representative, or the
  operator or occupant of the business, dwelling, or other place
  where the criminal acts occurred:
               (1)  promptly notifies the appropriate governmental
  entity or the entity's law enforcement agency of the occurrence of
  criminal acts on the property; and
               (2)  cooperates with the governmental entity's law
  enforcement investigation of criminal acts occurring at the
  property.
         SECTION 7.  Subchapter A, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.0025 to read as
  follows:
         Sec. 125.0025.  SUIT TO DECLARE CERTAIN COMMON NUISANCES.
  (a) A suit to declare that a person operating a web address or
  computer network is maintaining a common nuisance may be brought by
  an individual, by the attorney general, or by a district, county, or
  city attorney.
         (b)  Except as provided by Section 125.003(d), on a finding
  that a web address or computer network is a common nuisance, the
  sole remedy available is a judicial finding issued to the attorney
  general.
         (c)  The attorney general may:
               (1)  notify Internet service providers, search engine
  operators, browsing or hosting companies, or device manufacturers
  on which applications are hosted of the judicial finding issued to
  the attorney general under Subsection (b) to determine if the
  persons notified are able to offer technical assistance to the
  attorney general in a manner consistent with 47 U.S.C. Section 230;
  or
               (2)  post the judicial finding issued to the attorney
  general under Subsection (b) on the attorney general's Internet
  website.
         SECTION 8.  Section 125.004, Civil Practice and Remedies
  Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e)
  and amending Subsection (d) to read as follows:
         (a-1)  Proof in the form of a person's arrest or the
  testimony of a law enforcement agent that an activity described by
  Section 125.0015(a)(6) or (7) is committed at a place licensed as a
  massage establishment under Chapter 455, Occupations Code, or
  advertised as offering massage therapy or massage services after
  notice of an arrest was provided to the defendant in accordance with
  Section 125.0017 is prima facie evidence that the defendant
  knowingly tolerated the activity.
         (a-2)  Proof that an activity described by Section
  125.0015(a)(18) is committed at a place maintained by the defendant
  after notice of an arrest was provided to the defendant in
  accordance with Section 125.0017 is prima facie evidence that the
  defendant:
               (1)  knowingly tolerated the activity; and
               (2)  did not make a reasonable attempt to abate the
  activity.
         (a-3)  For purposes of Subsections (a-1) and (a-2), notice is
  considered to be provided to the defendant seven days after the
  postmark date of the notice provided under Section 125.0017.
         (d)  Notwithstanding Subsections [Subsection] (a), (a-1), or
  (a-2), evidence that the defendant, the defendant's authorized
  representative, or another person acting at the direction of the
  defendant or the defendant's authorized representative requested
  law enforcement or emergency assistance with respect to an activity
  at the place where the common nuisance is allegedly maintained is
  not admissible for the purpose of showing the defendant tolerated
  the activity or failed to make reasonable attempts to abate the
  activity alleged to constitute the nuisance but may be admitted for
  other purposes, such as showing that a crime listed in Section
  125.0015 occurred.  Evidence that the defendant refused to
  cooperate with law enforcement or emergency services with respect
  to the activity is admissible.  The posting of a sign prohibiting
  the activity alleged is not conclusive evidence that the owner did
  not tolerate the activity.
         (e)  Evidence of a previous suit filed under this chapter
  that resulted in a judgment against a landowner with respect to an
  activity described by Section 125.0015 at the landowner's property
  is admissible in a subsequent suit filed under this chapter to
  demonstrate that the landowner:
               (1)  knowingly tolerated the activity; and 
               (2)  did not make a reasonable attempt to abate the
  activity.
         SECTION 9.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.066 to read as follows:
         Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED
  OF CERTAIN OFFENSE. A person is ineligible to serve as a member of
  the board of trustees of a school district if the person has been
  convicted of an offense under Section 43.02(b), Penal Code.
         SECTION 10.  Section 411.042(b), Government Code, is amended
  to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02, 43.02(a),
  43.02(b), 43.03, and 43.05, Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and magistrate's orders of emergency
  protection and all other pertinent information about all persons
  subject to active orders, including pertinent information about
  persons subject to conditions of bond imposed for the protection of
  the victim in any family violence, sexual assault or abuse,
  stalking, or trafficking case. Information in the law enforcement
  information system relating to an active order shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code, or Article 17.292(e), Code of Criminal Procedure;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code, or Article 17.292(e), Code
  of Criminal Procedure;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, stalking,
  or trafficking case;
                     (H)  any minimum distance the person subject to
  the order is required to maintain from the protected places or
  persons; and
                     (I)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         SECTION 11.  Subchapter A, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.011 to read as follows:
         Sec. 241.011.  HUMAN TRAFFICKING SIGNS REQUIRED. An
  emergency department of a hospital shall display separate signs, in
  English and Spanish, that comply with Section 245.025 as if the
  hospital is an abortion facility.
         SECTION 12.  Chapter 245, Health and Safety Code, is amended
  by adding Section 245.025 to read as follows:
         Sec. 245.025.  HUMAN TRAFFICKING SIGNS REQUIRED. (a) An
  abortion facility shall display separate signs, in English,
  Spanish, and any additional language as required by Subsection (b),
  side by side in accordance with this section in each restroom and
  patient consulting room. The signs must include the following
  information:
               (1)  no person, including an individual's parents, may
  force any individual to have an abortion;
               (2)  it is illegal for a person to force an individual
  to engage in sexual acts;
               (3)  a woman who needs help may call or text a state or
  national organization that assists victims of human trafficking and
  forced abortions; and
               (4)  the toll-free number of an organization described
  by Subdivision (3).
         (b)  Signs required under this section must be in English and
  Spanish. If an abortion facility is located in a political
  subdivision required to provide election materials in a language
  other than English or Spanish under Section 272.011, Election Code,
  the facility shall display a separate sign in that language.
         (c)  Signs required under this section must be at least 8-1/2
  by 11 inches in size and displayed in a conspicuous manner clearly
  visible to the public and employees of an abortion facility. The
  notice must cover at least four-fifths of the sign.
         (d)  The executive commissioner shall adopt rules as
  necessary to implement and enforce this section.
         SECTION 13.  Section 1602.354, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The commission shall require continuing education
  programs under this chapter to include information on:
               (1)  activities commonly associated with human
  trafficking;
               (2)  recognition of potential victims of human
  trafficking; and
               (3)  methods for assisting victims of human
  trafficking, including how to report human trafficking.
         SECTION 14.  Subchapter I, Chapter 1602, Occupations Code,
  is amended by adding Section 1602.408 to read as follows:
         Sec. 1602.408.  POSTING OF CERTAIN NOTICES REQUIRED. (a) In
  this section, "licensed facility" means the premises of a place of
  business that holds a license, certificate, or permit under this
  chapter.
         (b)  A licensed facility shall display a sign approved by or
  acceptable to the commission or the department concerning services
  and assistance available to victims of human trafficking.
         (c)  The sign required by this section must be in English,
  Spanish, and Vietnamese and include a toll-free telephone number of
  a nationally recognized information and referral hotline for
  victims of human trafficking.
         (d)  The commission by rule shall establish requirements
  regarding the posting of signs under this section.
         SECTION 15.  Section 20A.02(b), Penal Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, an
  offense under this section is a felony of the second degree.  An
  offense under this section is a felony of the first degree if:
               (1)  the applicable conduct constitutes an offense
  under Subsection (a)(5), (6), (7), or (8), regardless of whether
  the actor knows the age of the child at the time the actor commits
  the offense; [or]
               (2)  the commission of the offense results in the death
  of the person who is trafficked; or
               (3)  the commission of the offense results in the death
  of an unborn child of the person who is trafficked.
         SECTION 16.  (a) This section takes effect only if the Act
  of the 85th Legislature, Regular Session, 2017, relating to
  nonsubstantive additions to and corrections in enacted codes
  becomes law.
         (b)  Section 21.16(g), Penal Code, as added by Chapter 852
  (S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,
  is amended to read as follows:
         (g)  An offense under this section is a state jail felony
  [Class A misdemeanor].
         (c)  Chapter 21, Penal Code, is amended by adding Section
  21.18 to read as follows:
         Sec. 21.18.  SEXUAL COERCION. (a) In this section:
               (1)  "Intimate visual material" means the visual
  material described by Section 21.16(b)(1) or (c).
               (2)  "Sexual conduct" has the meaning assigned by
  Section 43.25.
         (b)  A person commits an offense if the person intentionally
  threatens, including by coercion or extortion, to commit an offense
  under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
  21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to
  obtain, in return for not committing the threatened offense or in
  connection with the threatened offense, any of the following
  benefits:
               (1)  intimate visual material;
               (2)  an act involving sexual conduct causing arousal or
  gratification; or
               (3)  a monetary benefit or other benefit of value.
         (c)  A person commits an offense if the person intentionally
  threatens, including by coercion or extortion, to commit an offense
  under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
  obtain, in return for not committing the threatened offense or in
  connection with the threatened offense, either of the following
  benefits:
               (1)  intimate visual material; or
               (2)  an act involving sexual conduct causing arousal or
  gratification.
         (d)  This section applies to a threat regardless of how that
  threat is communicated, including a threat transmitted through
  e-mail or an Internet website, social media account, or chat room
  and a threat made by other electronic or technological means.
         (e)  An offense under this section is a state jail felony,
  except that the offense is a felony of the third degree if it is
  shown on the trial of the offense that the defendant has previously
  been convicted of an offense under this section.
         SECTION 17.  (a) This section takes effect only if the Act
  of the 85th Legislature, Regular Session, 2017, relating to
  nonsubstantive additions to and corrections in enacted codes does
  not become law.
         (b)  Section 21.16(g), Penal Code, as added by Chapter 852
  (S.B. 1135), Acts of the 84th Legislature, Regular Session, 2015,
  is amended to read as follows:
         (g)  An offense under this section is a state jail felony
  [Class A misdemeanor].
         (c)  Chapter 21, Penal Code, is amended by adding Section
  21.18 to read as follows:
         Sec. 21.18.  SEXUAL COERCION. (a) In this section:
               (1)  "Intimate visual material" means the visual
  material described by Section 21.16(b)(1) or (c), as added by
  Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
  Session, 2015.
               (2)  "Sexual conduct" has the meaning assigned by
  Section 43.25.
         (b)  A person commits an offense if the person intentionally
  threatens, including by coercion or extortion, to commit an offense
  under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
  21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B.
  1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16,
  as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature,
  Regular Session, 2015, 22.011, or 22.021 to obtain, in return for
  not committing the threatened offense or in connection with the
  threatened offense, any of the following benefits:
               (1)  intimate visual material;
               (2)  an act involving sexual conduct causing arousal or
  gratification; or
               (3)  a monetary benefit or other benefit of value.
         (c)  A person commits an offense if the person intentionally
  threatens, including by coercion or extortion, to commit an offense
  under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
  obtain, in return for not committing the threatened offense or in
  connection with the threatened offense, either of the following
  benefits:
               (1)  intimate visual material; or
               (2)  an act involving sexual conduct causing arousal or
  gratification.
         (d)  This section applies to a threat regardless of how that
  threat is communicated, including a threat transmitted through
  e-mail or an Internet website, social media account, or chat room
  and a threat made by other electronic or technological means.
         (e)  An offense under this section is a state jail felony,
  except that the offense is a felony of the third degree if it is
  shown on the trial of the offense that the defendant has previously
  been convicted of an offense under this section.
         SECTION 18.  Sections 22.01(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  An offense under Subsection (a)(1) is a Class A
  misdemeanor, except that the offense is a felony of the third degree
  if the offense is committed against:
               (1)  a person the actor knows is a public servant while
  the public servant is lawfully discharging an official duty, or in
  retaliation or on account of an exercise of official power or
  performance of an official duty as a public servant;
               (2)  a person whose relationship to or association with
  the defendant is described by Section 71.0021(b), 71.003, or
  71.005, Family Code, if:
                     (A)  it is shown on the trial of the offense that
  the defendant has been previously convicted of an offense under
  this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
  against a person whose relationship to or association with the
  defendant is described by Section 71.0021(b), 71.003, or 71.005,
  Family Code; or
                     (B)  the offense is committed by intentionally,
  knowingly, or recklessly impeding the normal breathing or
  circulation of the blood of the person by applying pressure to the
  person's throat or neck or by blocking the person's nose or mouth;
               (3)  a person who contracts with government to perform
  a service in a facility as defined by Section 1.07(a)(14), Penal
  Code, or Section 51.02(13) or (14), Family Code, or an employee of
  that person:
                     (A)  while the person or employee is engaged in
  performing a service within the scope of the contract, if the actor
  knows the person or employee is authorized by government to provide
  the service; or
                     (B)  in retaliation for or on account of the
  person's or employee's performance of a service within the scope of
  the contract;
               (4)  a person the actor knows is a security officer
  while the officer is performing a duty as a security officer; [or]
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services; or
               (6)  a pregnant individual to force the individual to
  have an abortion.
         (c)  An offense under Subsection (a)(2) or (3) is a Class C
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the offense is committed
  under Subsection (a)(3) against an elderly individual or disabled
  individual, as those terms are defined by Section 22.04; [or]
               (2)  a Class B misdemeanor if the offense is committed
  by a person who is not a sports participant against a person the
  actor knows is a sports participant either:
                     (A)  while the participant is performing duties or
  responsibilities in the participant's capacity as a sports
  participant; or
                     (B)  in retaliation for or on account of the
  participant's performance of a duty or responsibility within the
  participant's capacity as a sports participant; or
               (3)  a Class A misdemeanor if the offense is committed
  against a pregnant individual to force the individual to have an
  abortion.
         SECTION 19.  Chapter 93, Property Code, is amended by adding
  Section 93.013 to read as follows:
         Sec. 93.013.  CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION
  OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision
  in a lease to the contrary, a tenant's right of possession
  terminates and the landlord has a right to recover possession of the
  leased premises if the tenant is using the premises or allowing the
  premises to be used for the purposes of prostitution, promotion of
  prostitution, aggravated promotion of prostitution, or compelling
  prostitution, as prohibited by the Penal Code, or trafficking of
  persons as described by Section 20A.02, Penal Code.
         (b)  A landlord who reasonably believes a tenant is using the
  leased premises or allowing the leased premises to be used for a
  purpose described by Subsection (a) may file a forcible detainer
  suit under Chapter 24 seeking possession of the premises and unpaid
  rent, including rent for any period of occupancy after the tenant's
  right of possession terminates.
         (c)  Notwithstanding Section 24.005 or 91.001 or any other
  law or a provision in the lease to the contrary, the landlord is not
  required for purposes of a forcible detainer suit authorized by
  this section:
               (1)  to give a notice of proposed eviction or a notice
  of termination before giving notice to vacate; or
               (2)  to give the tenant more than three days' notice to
  vacate before filing the suit.
         (d)  A pending suit brought by the attorney general or a
  district, county, or city attorney under Chapter 125, Civil
  Practice and Remedies Code, alleging that a common nuisance is
  being maintained on the leased premises with respect to an activity
  described by Subsection (a) is prima facie evidence that the
  tenant's right of possession has terminated and the landlord has a
  right to recover possession of the premises under Subsection (a). 
         (e)  A final, nonappealable determination by a court under
  Chapter 125, Civil Practice and Remedies Code, that a common
  nuisance is being maintained on the leased premises with respect to
  an activity described by Subsection (a) creates an irrebuttable
  presumption that the tenant's right of possession has terminated
  and the landlord has a right to recover possession of the premises
  under Subsection (a).
         SECTION 20.  Section 17.46(b), Business & Commerce Code, as
  amended by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act. A cause of action that
  accrued before the effective date of this Act is governed by the law
  in effect immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 21.  Section 125.004, Civil Practice and Remedies
  Code, as amended by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrues before the effective date of this Act is
  governed by the law applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 22.  (a) Not later than December 1, 2017, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules necessary to implement Sections 241.011 and
  245.025, Health and Safety Code, as added by this Act.
         (b)  A hospital or an abortion facility is not required to
  comply with Section 241.011 or 245.025, Health and Safety Code, as
  added by this Act, before January 1, 2018.
         SECTION 23.  (a) Not later than March 1, 2018, the Texas
  Commission of Licensing and Regulation shall adopt rules as
  necessary to comply with Section 1602.354, Occupations Code, as
  amended by this Act.
         (b)  Section 1602.354(c), Occupations Code, as added by this
  Act, and the rules adopted under Subsection (a) of this section
  apply only to a continuing education program provided on or after
  September 1, 2018.
         SECTION 24.  (a) Not later than January 1, 2018, the Texas
  Commission of Licensing and Regulation shall adopt rules as
  necessary to implement Section 1602.408, Occupations Code, as added
  by this Act.
         (b)  A licensed facility as defined by Section 1602.408(a),
  Occupations Code, as added by this Act, shall comply with Section
  1602.408, Occupations Code, as added by this Act, not later than
  February 1, 2018.
         SECTION 25.  Sections 20A.02 and 22.01, Penal Code, as
  amended by this Act, apply only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and that law is continued in effect
  for that purpose. For purposes of this section, an offense was
  committed before the effective date of this Act if any element of
  the offense was committed before that date.
         SECTION 26.  Section 93.013, Property Code, as added by this
  Act, applies only to a lease entered into or renewed on or after the
  effective date of this Act. A lease entered into or renewed before
  the effective date of this Act is governed by the law applicable to
  the lease immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 27.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 28.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2552 was passed by the House on May
  12, 2017, by the following vote:  Yeas 133, Nays 9, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2552 on May 27, 2017, by the following vote:  Yeas 136, Nays 8,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2552 was passed by the Senate, with
  amendments, on May 22, 2017, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor