|  | 
      
        |  | 
      
        |  | 
      
        |  | AN ACT | 
      
        |  | relating to the offense of operation of a stash house and to funding | 
      
        |  | certain crime victim services through the use of money derived from | 
      
        |  | a civil asset forfeiture of contraband related to that offense, | 
      
        |  | human smuggling and trafficking offenses, and certain prostitution | 
      
        |  | offenses; creating a criminal offense. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Chapter 20, Penal Code, is amended by adding | 
      
        |  | Section 20.07 to read as follows: | 
      
        |  | Sec. 20.07.  OPERATION OF STASH HOUSE.  (a)  A person commits | 
      
        |  | an offense if the person knowingly: | 
      
        |  | (1)  uses or permits another to use any real estate, | 
      
        |  | building, room, tent, vehicle, boat, or other property owned by the | 
      
        |  | person or under the person's control to commit an offense or to | 
      
        |  | facilitate the commission of an offense under Section 20.05, 20.06, | 
      
        |  | 20A.02, 20A.03, 43.04, or 43.05; or | 
      
        |  | (2)  rents or leases any property to another, intending | 
      
        |  | that the property be used as described by Subdivision (1). | 
      
        |  | (b)  An offense under this section is a Class A misdemeanor. | 
      
        |  | (c)  If conduct that constitutes an offense under this | 
      
        |  | section also constitutes an offense under another law, the actor | 
      
        |  | may be prosecuted under this section, the other law, or both. | 
      
        |  | SECTION 2.  Article 59.01(2), Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | (2)  "Contraband" means property of any nature, | 
      
        |  | including real, personal, tangible, or intangible, that is: | 
      
        |  | (A)  used in the commission of: | 
      
        |  | (i)  any first or second degree felony under | 
      
        |  | the Penal Code; | 
      
        |  | (ii)  any felony under Section 15.031(b), | 
      
        |  | [ 20.05, 20.06,] 21.11, or 38.04[,] or Chapter [43, 20A,] 29, 30, 31, | 
      
        |  | 32, 33, 33A, or 35, Penal Code; | 
      
        |  | (iii)  any felony under Chapter 43, Penal | 
      
        |  | Code, except as provided by Paragraph (B); | 
      
        |  | (iv) [ (iii)]  any felony under The | 
      
        |  | Securities Act (Article 581-1 et seq., Vernon's Texas Civil | 
      
        |  | Statutes); or | 
      
        |  | (v) [ (iv)]  any offense under Chapter 49, | 
      
        |  | Penal Code, that is punishable as a felony of the third degree or | 
      
        |  | state jail felony, if the defendant has been previously convicted | 
      
        |  | three times of an offense under that chapter; | 
      
        |  | (B)  used or intended to be used in the commission | 
      
        |  | of: | 
      
        |  | (i)  any felony under Chapter 481, Health | 
      
        |  | and Safety Code (Texas Controlled Substances Act); | 
      
        |  | (ii)  any felony under Chapter 483, Health | 
      
        |  | and Safety Code; | 
      
        |  | (iii)  a felony under Chapter 151, Finance | 
      
        |  | Code; | 
      
        |  | (iv)  any felony under Chapter 20A or 34, | 
      
        |  | Penal Code; | 
      
        |  | (v)  a Class A misdemeanor under Subchapter | 
      
        |  | B, Chapter 365, Health and Safety Code, if the defendant has been | 
      
        |  | previously convicted twice of an offense under that subchapter; | 
      
        |  | (vi)  any felony under Chapter 32, Human | 
      
        |  | Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that | 
      
        |  | involves the state Medicaid program; | 
      
        |  | (vii)  a Class B misdemeanor under Chapter | 
      
        |  | 522, Business & Commerce Code; | 
      
        |  | (viii)  a Class A misdemeanor under Section | 
      
        |  | 306.051, Business & Commerce Code; | 
      
        |  | (ix)  any offense under Section 42.10, Penal | 
      
        |  | Code; | 
      
        |  | (x)  any offense under Section 46.06(a)(1) | 
      
        |  | or 46.14, Penal Code; | 
      
        |  | (xi)  any offense under Chapter 71, Penal | 
      
        |  | Code; | 
      
        |  | (xii)  any offense under Section 20.05, [ or] | 
      
        |  | 20.06, 20.07, 43.04, or 43.05, Penal Code; or | 
      
        |  | (xiii)  an offense under Section 326.002, | 
      
        |  | Business & Commerce Code; | 
      
        |  | (C)  the proceeds gained from the commission of a | 
      
        |  | felony listed in Paragraph (A) or (B) of this subdivision, a | 
      
        |  | misdemeanor listed in Paragraph (B)(vii), (ix), (x), [ or] (xi), or | 
      
        |  | (xii) of this subdivision, or a crime of violence; | 
      
        |  | (D)  acquired with proceeds gained from the | 
      
        |  | commission of a felony listed in Paragraph (A) or (B) of this | 
      
        |  | subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), | 
      
        |  | [ or] (xi), or (xii) of this subdivision, or a crime of violence; | 
      
        |  | (E)  used to facilitate or intended to be used to | 
      
        |  | facilitate the commission of a felony under Section 15.031 or | 
      
        |  | Chapter 43 [ 43.25], Penal Code; or | 
      
        |  | (F)  used to facilitate or intended to be used to | 
      
        |  | facilitate the commission of an offense [ a felony] under Section | 
      
        |  | 20.05, 20.06, or 20.07 [ 20A.02] or Chapter 20A [43], Penal Code. | 
      
        |  | SECTION 3.  Article 59.06, Code of Criminal Procedure, is | 
      
        |  | amended by adding Subsection (t) to read as follows: | 
      
        |  | (t)(1)  This subsection applies only to contraband for which | 
      
        |  | forfeiture is authorized with respect to an offense under Section | 
      
        |  | 20.05, 20.06, 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code. | 
      
        |  | (2)  Notwithstanding any other provision of this | 
      
        |  | article, the gross amount credited to the special fund of the office | 
      
        |  | of the attorney representing the state or of a law enforcement | 
      
        |  | agency under Subsection (c) from the forfeiture of contraband | 
      
        |  | described by Subdivision (1) shall be: | 
      
        |  | (A)  used to provide direct victim services by the | 
      
        |  | victim services division or other similar division of the office of | 
      
        |  | the attorney representing the state or of a law enforcement agency, | 
      
        |  | as applicable; or | 
      
        |  | (B)  used by the office of the attorney | 
      
        |  | representing the state or of the law enforcement agency to cover the | 
      
        |  | costs of a contract with a local nonprofit organization to provide | 
      
        |  | direct services to crime victims. | 
      
        |  | (3)  An expenditure of money in the manner required by | 
      
        |  | this subsection is considered to be for an official purpose of the | 
      
        |  | office of the attorney representing the state or for a law | 
      
        |  | enforcement purpose, as applicable. | 
      
        |  | SECTION 4.  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 5.  This Act takes effect September 1, 2019. | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 2613 was passed by the House on May 9, | 
      
        |  | 2019, by the following vote:  Yeas 138, Nays 6, 2 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 2613 was passed by the Senate on May | 
      
        |  | 22, 2019, by the following vote:  Yeas 30, Nays 1. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | _____________________ | 
      
        |  | Governor |