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  S.B. No. 1527
 
 
 
 
AN ACT
  relating to human trafficking, including the prosecution and
  punishment of compelling and solicitation of prostitution and other
  sexual or assaultive offenses; increasing a criminal penalty;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL AND
  HUMAN TRAFFICKING PREVENTION TASK FORCE
         SECTION 1.01.  Sections 402.034(c), (f), and (g), Government
  Code, are amended to read as follows:
         (c)  The council is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (4)  the public safety director of the Department of
  Public Safety or the director's designee;
               (5)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Alcoholic Beverage Commission;
                     (C)  the Parks and Wildlife Department; [and]
                     (D)  the Texas Department of Licensing and
  Regulation;
                     (E)  the Texas Education Agency; and
                     (F)  the Texas Department of Transportation; and
               (6)  one representative of any other state agency
  appointed by the chief administrative officer of the agency, if the
  [human trafficking prevention task force established under Section
  402.035 and the] council determines [determine] that a
  representative from the state agency is a necessary member of the
  council.
         (f)  The strategic plan must include:
               (1)  an inventory of human trafficking prevention
  programs and services in this state that are administered by state
  agencies, including an institution [institutions] of higher
  education as defined by Section 61.003, Education Code, or a
  private college or university that receives state funds[, and
  political subdivisions];
               (2)  regarding the programs and services described by
  Subdivision (1):
                     (A)  a report on the number of persons served by
  the programs and services; and
                     (B)  a plan to coordinate the programs and
  services to achieve the following goals:
                           (i)  eliminate redundancy;
                           (ii)  ensure the agencies' use of best
  practices in preventing human trafficking; and
                           (iii)  identify and collect data regarding
  the efficacy of the programs and services; and
               (3)  in relation to the goals for programs and services
  as described by Subdivision (2)(B), a plan to coordinate the
  expenditure of state funds allocated to prevent human trafficking
  in this state, including the expenditure of state funds by the human
  trafficking prevention task force established under Section
  402.035.
         (g)  Not later than December 1 of each even-numbered year,
  the council shall submit to the legislature a report detailing the
  progress of the strategic plan's implementation.  The report must
  include:
               (1)  a description of the level of participation in the
  strategic plan by each agency represented on the council and how the
  implementation of the strategic plan serves to coordinate the
  programs and services described by Subsection (f)(1) and achieve
  the goals described by Subsection (f)(2)(B); and
               (2)  an update of the inventory of programs and
  services described by Subsection (f)(1) that further [and how each
  program or service furthers] the goals of the strategic plan.
         SECTION 1.02.  Section 402.035, Government Code, is amended
  by amending Subsections (c), (d), and (f-1) and adding Subsection
  (c-1) to read as follows:
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services or the commissioner's designee;
               (6)  the public safety director of the Department of
  Public Safety or the director's designee;
               (7)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  the Texas Juvenile Justice Department;
                     (D)  the Texas Education Agency;
                     (E)  the Texas Alcoholic Beverage Commission;
                     (F)  the Parks and Wildlife Department;
                     (G)  the Supreme Court of Texas Permanent Judicial
  Commission for Children, Youth and Families;
                     (H)  the Texas Department of Licensing and
  Regulation;
                     (I)  the Office of Court Administration of the
  Texas Judicial System;
                     (J)  the office of the secretary of state; [and]
                     (K)  the Texas Commission on Law Enforcement; and
                     (L)  the Texas Department of Transportation; and
               (8)  as appointed by the attorney general:
                     (A)  a chief public defender employed by a public
  defender's office, as defined by Article 26.044(a), Code of
  Criminal Procedure, or an attorney designated by the chief public
  defender;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association;
                           (iii)  a state police association; and
                           (iv)  a statewide medical association;
                     (D)  a representative [representatives] of a 
  sheriff's department [departments];
                     (E)  a representative [representatives] of a
  local law enforcement agency [agencies] affected by human
  trafficking; [and]
                     (F)  a representative [representatives] of a
  nongovernmental entity [entities] making comprehensive efforts to
  combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; and [or]
                           (v)  engaging in other activities designed
  to prevent human trafficking; and
                     (G)  representatives of regional human
  trafficking task forces or coalitions.
         (c-1)  The attorney general shall annually evaluate the
  input and participation of members appointed under Subsection
  (c)(8) and, if necessary, appoint new members who will collaborate
  and contribute to the task force.
         (d)  The task force shall:
               (1)  collaborate, as needed to fulfill the duties of
  the task force, with:
                     (A)  United States attorneys' offices for all of
  the federal districts of Texas; and
                     (B)  special agents or customs and border
  protection officers and border patrol agents of:
                           (i)  the Federal Bureau of Investigation;
                           (ii)  the United States Drug Enforcement
  Administration;
                           (iii)  the Bureau of Alcohol, Tobacco,
  Firearms and Explosives;
                           (iv)  United States Immigration and Customs
  Enforcement; or
                           (v)  the United States Department of
  Homeland Security;
               (2)  collect, organize, and periodically publish
  statistical data on the nature and extent of human trafficking in
  this state, including:
                     (A)  the number of investigations concerning,
  arrests and prosecutions for, and convictions of:
                           (i)  the offense of trafficking of persons;
                           (ii)  the offense of forgery or an offense
  under Chapter 43, Penal Code, if the offense was committed as part
  of a criminal episode involving the trafficking of persons; and
                           (iii)  an offense punishable as a felony of
  the second degree under Section 43.021, Penal Code, regardless of
  whether the offense was committed as part of a criminal episode
  involving the trafficking of persons;
                     (B)  demographic information on persons who are
  convicted of offenses described by Paragraph (A) and persons who
  are the victims of those offenses;
                     (C)  geographic routes by which human trafficking
  victims are trafficked, including routes by which victims are
  trafficked across this state's international border, and
  geographic patterns in human trafficking, including the country or
  state of origin and the country or state of destination;
                     (D)  means of transportation and methods used by
  persons who engage in trafficking to transport their victims; and
                     (E)  social and economic factors that create a
  demand for the labor or services that victims of human trafficking
  are forced to provide [data described by Subdivisions (4)(A), (B),
  (C), (D), and (E)];
               (3)  solicit cooperation and assistance from state and
  local governmental agencies, political subdivisions of the state,
  nongovernmental organizations, and other persons, as appropriate,
  for the purpose of collecting and organizing statistical data under
  Subdivision (2);
               (4)  [ensure that each state or local governmental
  agency and political subdivision of the state and each state or
  local law enforcement agency, district attorney, or county attorney
  that assists in the prevention of human trafficking collects
  statistical data related to human trafficking, including, as
  appropriate:
                     [(A)  the number of investigations concerning,
  arrests and prosecutions for, and convictions of:
                           [(i)  the offense of trafficking of persons;
                           [(ii)  the offense of forgery or an offense
  under Chapter 43, Penal Code, if the offense was committed as part
  of a criminal episode involving the trafficking of persons; and
                           [(iii)  an offense punishable as a felony of
  the second degree under Section 43.021, Penal Code, regardless of
  whether the offense was committed as part of a criminal episode
  involving the trafficking of persons;
                     [(B)  demographic information on persons who are
  convicted of offenses described by Paragraph (A) and persons who
  are the victims of those offenses;
                     [(C)  geographic routes by which human
  trafficking victims are trafficked, including routes by which
  victims are trafficked across this state's international border,
  and geographic patterns in human trafficking, including the country
  or state of origin and the country or state of destination;
                     [(D)  means of transportation and methods used by
  persons who engage in trafficking to transport their victims; and
                     [(E)  social and economic factors that create a
  demand for the labor or services that victims of human trafficking
  are forced to provide;
               [(5)]  work with the Texas Commission on Law
  Enforcement to develop and conduct training for law enforcement
  personnel, victim service providers, and medical service providers
  to identify victims of human trafficking;
               (5) [(6)]  work with the Texas Education Agency, the
  Department of Family and Protective Services, and the Health and
  Human Services Commission to:
                     (A)  develop a list of key indicators that a
  person is a victim of human trafficking;
                     (B)  develop a standardized curriculum for
  training doctors, nurses, emergency medical services personnel,
  teachers, school counselors, school administrators, and personnel
  from the Department of Family and Protective Services and the
  Health and Human Services Commission to identify and assist victims
  of human trafficking;
                     (C)  train doctors, nurses, emergency medical
  services personnel, teachers, school counselors, school
  administrators, and personnel from the Department of Family and
  Protective Services and the Health and Human Services Commission to
  identify and assist victims of human trafficking;
                     (D)  develop and conduct training for personnel
  from the Department of Family and Protective Services and the
  Health and Human Services Commission on methods for identifying
  children in foster care who may be at risk of becoming victims of
  human trafficking; and
                     (E)  develop a process for referring identified
  human trafficking victims and individuals at risk of becoming
  victims to appropriate entities for services;
               (6) [(7)]  on the request of a judge of a county court,
  county court at law, or district court or a county attorney,
  district attorney, or criminal district attorney, assist and train
  the judge or the judge's staff or the attorney or the attorney's
  staff in the recognition and prevention of human trafficking;
               (7) [(8)]  examine training protocols related to human
  trafficking issues, as developed and implemented by federal, state,
  and local law enforcement agencies;
               (8) [(9)]  collaborate with state and local
  governmental agencies, political subdivisions of the state, and
  nongovernmental organizations to implement a media awareness
  campaign in communities affected by human trafficking;
               (9) [(10)]  develop recommendations on how to
  strengthen state and local efforts to prevent human trafficking,
  protect and assist human trafficking victims, curb markets and
  other economic avenues that facilitate human trafficking and
  investigate and prosecute human trafficking offenders;
               (10) [(11)]  examine:
                     (A)  the extent to which human trafficking is
  associated with the operation of:
                           (i)  sexually oriented businesses, as
  defined by Section 243.002, Local Government Code;[,] and
                           (ii)  massage establishments permitting
  conduct described by Section 455.202(b)(4), Occupations Code; and
                     (B)  the workplace or public health concerns that
  are created by the association of human trafficking and the
  operation of sexually oriented businesses and massage
  establishments described by Paragraph (A);
               (11) [(12)]  develop recommendations for addressing
  the demand for forced labor or services or sexual conduct involving
  victims of human trafficking, including recommendations for
  increased penalties for individuals who engage or attempt to engage
  in solicitation of prostitution with victims younger than 18 years
  of age; and
               (12) [(13)]  identify and report to the governor and
  legislature on laws, licensure requirements, or other regulations
  that can be passed at the state and local level to curb trafficking
  using the Internet and in sexually oriented businesses and massage
  establishments.
         (f-1)  The following state agencies shall designate an
  individual who is authorized to coordinate the agency's resources
  to strengthen state and local efforts to prevent human trafficking,
  protect and assist human trafficking victims, and investigate and
  prosecute human trafficking offenders:
               (1)  the Texas Alcoholic Beverage Commission;
               (2)  the Department of Family and Protective Services;
               (3)  the Department of Public Safety;
               (4)  the Department of State Health Services;
               (5)  the Health and Human Services Commission;
               (6)  the Texas Juvenile Justice Department;
               (7)  the Texas Education Agency; 
               (8)  the Texas Department of Transportation; 
               (9)  the office of the attorney general; and
               (10) [(8)]  the office of the governor.
         SECTION 1.03.  As soon as practicable after the effective
  date of this Act, the Texas Education Agency and the Texas
  Department of Transportation, as applicable, shall appoint
  representatives and designate individuals as required by Sections
  402.034(c) and 402.035(c) and (f-1), Government Code, as amended by
  this article.
  ARTICLE 2.  TRAFFICKING OF PERSONS, SOLICITATION OF PROSTITUTION,
  AND COMPELLING PROSTITUTION
         SECTION 2.01.  Section 20A.01, Penal Code, is amended by
  adding Subdivision (1-b) to read as follows:
               (1-b) "Disabled individual" has the meaning assigned by
  Section 22.021(b). 
         SECTION 2.02.  Sections 20A.02(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  traffics another person with the intent that the
  trafficked person engage in forced labor or services;
               (2)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (1), including
  by receiving labor or services the person knows are forced labor or
  services;
               (3)  traffics another person and, through force, fraud,
  or coercion, causes the trafficked person to engage in conduct
  prohibited by:
                     (A)  Section 43.02 (Prostitution);
                     (B)  Section 43.03 (Promotion of Prostitution);
                     (B-1)  Section 43.031 (Online Promotion of
  Prostitution);
                     (C)  Section 43.04 (Aggravated Promotion of
  Prostitution);
                     (C-1)  Section 43.041 (Aggravated Online
  Promotion of Prostitution); or
                     (D)  Section 43.05 (Compelling Prostitution);
               (4)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (3) or engages
  in sexual conduct with a person trafficked in the manner described
  in Subdivision (3);
               (5)  traffics a child or disabled individual with the
  intent that the trafficked child or disabled individual 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 or disabled individual and by any
  means causes the trafficked child or disabled individual to engage
  in, or become the victim of, conduct prohibited by:
                     (A)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Disabled Individual);
                     (B)  Section 21.11 (Indecency with a Child);
                     (C)  Section 22.011 (Sexual Assault);
                     (D)  Section 22.021 (Aggravated Sexual Assault);
                     (E)  Section 43.02 (Prostitution);
                     (E-1)  Section 43.021 (Solicitation of
  Prostitution);
                     (F)  Section 43.03 (Promotion of Prostitution);
                     (F-1)  Section 43.031 (Online Promotion of
  Prostitution);
                     (G)  Section 43.04 (Aggravated Promotion of
  Prostitution);
                     (G-1)  Section 43.041 (Aggravated Online
  Promotion of Prostitution);
                     (H)  Section 43.05 (Compelling Prostitution);
                     (I)  Section 43.25 (Sexual Performance by a
  Child);
                     (J)  Section 43.251 (Employment Harmful to
  Children); or
                     (K)  Section 43.26 (Possession or Promotion of
  Child Pornography); or
               (8)  receives a benefit from participating in a venture
  that involves an activity described by Subdivision (7) or engages
  in sexual conduct with a child or disabled individual trafficked in
  the manner described in Subdivision (7).
         (b)  Except as otherwise provided by this subsection and
  Subsection (b-1), 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 or whether the actor knows the
  victim is disabled at the time of the offense;
               (2)  the commission of the offense results in serious
  bodily injury to or the death of the person who is trafficked;
               (3)  the commission of the offense results in the death
  of an unborn child of the person who is trafficked; or
               (4)  the actor:
                     (A)  used or exhibited a deadly weapon during the
  commission of the offense;
                     (B)  intentionally, knowingly, or recklessly
  impeded the normal breathing or circulation of the blood of the
  trafficked person by applying pressure to the person's throat or
  neck or by blocking the person's nose or mouth; or
                     (C)  recruited, enticed, or obtained the
  trafficked person [victim of the offense] from a shelter or
  facility operating as a residential treatment center that serves
  runaway youth, foster children, the homeless, or persons subjected
  to human trafficking, domestic violence, or sexual assault.
         SECTION 2.03.  Section 43.021(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under Subsection (a) is a state jail felony,
  except that the offense is:
               (1)  a felony of the third degree if the actor has
  previously been convicted of an offense under Subsection (a) or
  under Section 43.02(b), as that law existed before September 1,
  2021; or
               (2)  a felony of the second degree if the person to
  [with] whom the actor offers or agrees to pay the fee for the
  purpose of engaging [to engage] in sexual conduct is:
                     (A)  younger than 18 years of age, regardless of
  whether the actor knows the age of the person at the time of the
  offense;
                     (B)  represented to the actor as being younger
  than 18 years of age; or
                     (C)  believed by the actor to be younger than 18
  years of age.
         SECTION 2.04.  Section 43.02(c-2), Penal Code, as added by
  Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th
  Legislature, Regular Session, 2021, is transferred to Section
  43.021, Penal Code, redesignated as Section 43.021(b-1), Penal
  Code, and amended to read as follows:
         (b-1) [(c-2)]  The punishment prescribed for an offense
  under Subsection (a) [(b)] is increased to the punishment
  prescribed for the next highest category of offense if it is shown
  on the trial of the offense that the actor committed the offense in
  a location that was:
               (1)  on the premises of or within 1,000 feet of the
  premises of a school; or
               (2)  on premises or within 1,000 feet of premises
  where:
                     (A)  an official school function was taking place;
  or
                     (B)  an event sponsored or sanctioned by the
  University Interscholastic League was taking place.
         SECTION 2.05.  Section 43.05(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  causes another by force, threat, coercion, or
  fraud to commit prostitution; [or]
               (2)  causes by any means a child younger than 18 years
  to commit prostitution, regardless of whether the actor knows the
  age of the child at the time of the offense; or
               (3)  causes by any means a disabled individual, as
  defined by Section 22.021(b), to commit prostitution, regardless of
  whether the actor knows the individual is disabled at the time of
  the offense.
         SECTION 2.06.  Section 16.0045(a), Civil Practice and
  Remedies Code, is amended to read as follows:
         (a)  A person must bring suit for personal injury not later
  than 30 years after the day the cause of action accrues if the
  injury arises as a result of conduct that violates:
               (1)  Section 22.011(a)(2), Penal Code (sexual assault
  of a child);
               (2)  Section 22.021(a)(1)(B), Penal Code (aggravated
  sexual assault of a child);
               (3)  Section 21.02, Penal Code (continuous sexual abuse
  of young child or disabled individual);
               (4)  Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
  Section 20A.02(a)(8), Penal Code, involving an activity described
  by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
  with a child or disabled individual trafficked in the manner
  described by Section 20A.02(a)(7), Penal Code (certain sexual
  trafficking [of a child]);
               (5)  Section 43.05(a)(2) or (3), Penal Code (compelling
  prostitution by a child or disabled individual); or
               (6)  Section 21.11, Penal Code (indecency with a
  child).
         SECTION 2.07.  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:
                           (i)  during the investigation of the offense
  biological matter is collected and the matter:
                                 (a)  has not yet been subjected to
  forensic DNA testing; or
                                 (b)  has been 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; or
                           (ii)  probable cause exists to believe that
  the defendant has committed the same or a similar sex offense
  against five or more victims;
                     (D)  continuous sexual abuse of young child or
  disabled individual under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (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;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code;
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code; or
                     (I)  compelling prostitution under Section
  43.05(a)(2) or (3), 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 the public servant exercises control in the
  public servant's 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 (7);
                     (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)  fraudulent securing of document execution;
                     (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;
                     (G)  fraudulent use or possession of identifying
  information under Section 32.51, Penal Code;
                     (H)  exploitation of a child, elderly individual,
  or disabled individual under Section 32.53, Penal Code;
                     (I)  health care fraud under Section 35A.02, Penal
  Code; or
                     (J)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (6);
               (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 a child [persons] under
  Section 20A.02(a)(5) or (6), Penal Code;
                     (B)  injury to a child under Section 22.04, Penal
  Code; or
                     (C)  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed;
               (7)  ten years from the date the offense was
  discovered: trafficking of a disabled individual under Section
  20A.02(a)(5) or (6), Penal Code;
               (8)  two years from the date the offense was
  discovered: sexual assault punishable as a state jail felony under
  Section 22.011(f)(2), Penal Code; or
               (9) [(8)]  three years from the date of the commission
  of the offense:  all other felonies.
         SECTION 2.08.  Section 2(a), Article 38.37, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Subsection (b) applies only to the trial of a defendant
  for:
               (1)  an offense under any of the following provisions
  of the Penal Code:
                     (A)  Section 20A.02, if punishable as a felony of
  the first degree under Section 20A.02(b)(1) (Labor or Sex
  Trafficking of a Child or Disabled Individual);
                     (B)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Disabled Individual);
                     (C)  Section 21.11 (Indecency With a Child);
                     (D)  Section 22.011(a)(2) (Sexual Assault of a
  Child);
                     (E)  Sections 22.021(a)(1)(B) and (2) (Aggravated
  Sexual Assault of a Child);
                     (F)  Section 33.021 (Online Solicitation of a
  Minor);
                     (G)  Section 43.25 (Sexual Performance by a
  Child); or
                     (H)  Section 43.26 (Possession or Promotion of
  Child Pornography), Penal Code; or
               (2)  an attempt or conspiracy to commit an offense
  described by Subdivision (1).
         SECTION 2.09.  Article 62.101(a), 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 (3), or 43.26, Penal Code;
               (3)  an offense under Section 20A.03, Penal Code, if
  based partly or wholly on conduct that constitutes an offense under
  Section 20A.02(a)(3), (4), (7), or (8) of that code;
               (4)  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;
               (5)  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
               (6)  an offense under Section 43.23, Penal Code, that
  is punishable under Subsection (h) of that section.
         SECTION 2.10.  Section 772.0062(a)(1), Government Code, is
  amended to read as follows:
               (1)  "Child sex trafficking" means conduct
  constituting an offense [prohibited] under Section 20A.02(a)(7) or
  (8), Penal Code, that is committed against a child.
         SECTION 2.11.  The change in law made by this article 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 2.12.  To the extent of any conflict, this article
  prevails over another Act of the 88th Legislature, Regular Session,
  2023, relating to nonsubstantive additions to and corrections in
  enacted codes.
  ARTICLE 3.  ADMISSIBILITY OF CERTAIN HEARSAY STATEMENTS AND
  EXTRANEOUS OFFENSES OR ACTS
         SECTION 3.01.  Section 1, Article 38.072, Code of Criminal
  Procedure, is 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 18 [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);
               (4)  Section 43.05(a)(2) or (3) (Compelling
  Prostitution);
               (5)  Section 20A.02(a)(5), (6), (7), [20A.02(a)(7)] or
  (8) (Trafficking of Persons); [or]
               (6)  Section 20A.03 (Continuous Trafficking of
  Persons), if based partly or wholly on conduct that constitutes an
  offense under Section 20A.02(a)(5), (6), (7), or (8); or
               (7)  Section 15.01 (Criminal Attempt), if the offense
  attempted is described by Subdivision (1), (2), (3), (4), [or] (5),
  or (6) of this section.
         SECTION 3.02.  Section 1(a), Article 38.37, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Subsection (b) 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)  Chapter 21 (Sexual Offenses);
                     (B)  Chapter 22 (Assaultive Offenses); or
                     (C)  Section 25.02 (Prohibited Sexual Conduct);
  or
               (2)  if committed against a person younger than 18
  years of age:
                     (A)  Section 43.25 (Sexual Performance by a
  Child);
                     (B)  Section 20A.02(a)(5), (6), (7), 
  [20A.02(a)(7)] or (8) (Trafficking of Persons); [or]
                     (C)  Section 20A.03 (Continuous Trafficking of
  Persons), if based partly or wholly on conduct that constitutes an
  offense under Section 20A.02(a)(5), (6), (7), or (8); or
                     (D)  Section 43.05(a)(2) (Compelling
  Prostitution).
         SECTION 3.03.  The change in law made by this article applies
  to the admissibility of evidence in a criminal proceeding that
  commences on or after the effective date of this Act. The
  admissibility of evidence in a criminal proceeding that commences
  before the effective date of this Act is governed by the law in
  effect on the date the proceeding commenced, and the former law is
  continued in effect for that purpose.
  ARTICLE 4.  REQUIRED REPORTING CONCERNING INVESTIGATIONS OF HUMAN
  TRAFFICKING OFFENSES
         SECTION 4.01.  Article 2.305, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.305.  REPORT REQUIRED CONCERNING HUMAN TRAFFICKING
  CASES. (a) This article applies only to:
               (1)  a municipal police department, sheriff's
  department, or constable's office[, county attorney's office,
  district attorney's office, and criminal district attorney's
  office, as applicable,] in a county with a population of more than
  50,000; and
               (2)  the Department of Public Safety.
         (b)  An entity described by Subsection (a) that investigates
  the alleged commission of an offense under Chapter 20A, Penal Code,
  or the alleged commission of an offense under Chapter 43, Penal
  Code, which may involve human trafficking, shall submit to the
  attorney general [a report] in the manner and form prescribed by the
  attorney general a report containing the following information:
               (1)  the offense being investigated, including the
  offense code designated by the Department of Public Safety under
  Article 66.052 [a brief description of the alleged prohibited
  conduct];
               (2)  regarding each person suspected of committing the
  offense [and each victim of the offense]:
                     (A)  the person's:
                           (i)  full name [age];
                           (ii)  gender; [and]
                           (iii)  race or ethnicity, as defined by
  Article 2.132; [and]
                           (iv)  country of origin, if the person is not
  a United States citizen or legal permanent resident;
                           (v)  date of birth; and
                           (vi)  age at the time of the offense, if
  available; and
                     (B)  the case number associated with the person
  and the offense [and the person suspected of committing the
  offense];
               (3)  the date[, time,] and location of the alleged
  offense, including the city and county;
               (4)  [the type of human trafficking involved,
  including:
                     [(A) forced labor or services, as defined by
  Section 20A.01, Penal Code;
                     [(B) causing the victim by force, fraud, or
  coercion to engage in prohibited conduct involving one or more
  sexual activities, including conduct described by Section
  20A.02(a)(3), Penal Code; or
                     [(C) causing a child victim by any means to engage
  in, or become the victim of, prohibited conduct involving one or
  more sexual activities, including conduct described by Section
  20A.02(a)(7), Penal Code;
               [(5) if available, information regarding any victims'
  service organization or program to which the victim was referred as
  part of the investigation; and
               [(6)] the disposition of the investigation, if any,
  regardless of the manner of disposition; and
               (5)  regarding the victim of the offense:
                     (A)  the victim's:
                           (i)  age;
                           (ii)  gender;
                           (iii)  race or ethnicity, as defined by
  Article 2.132; and
                           (iv)  country of origin, if the victim is not
  a United States citizen or legal permanent resident; and
                     (B)  if available, information regarding any
  victims' service organization or program to which the victim was
  referred as part of the investigation.
         (c)  An entity described by Subsection (a) that does not have
  any investigations or offenses required to be reported under this
  article during a period specified by the attorney general shall
  submit to the attorney general a notice stating there are no cases
  to report, in the manner and form prescribed by the attorney general
  [An attorney representing the state who prosecutes the alleged
  commission of an offense under Chapter 20A, Penal Code, or the
  alleged commission of an offense under Chapter 43, Penal Code,
  which may involve human trafficking, shall submit to the attorney
  general the following information:
               [(1) the offense being prosecuted, including a brief
  description of the alleged prohibited conduct;
               [(2) any other charged offense that is part of the same
  criminal episode out of which the offense described by Subdivision
  (1) arose;
               [(3) the information described by Subsections (b)(2),
  (3), (4), and (5); and
               [(4) the disposition of the prosecution, regardless of
  the manner of disposition].
         (d)  The attorney general may enter into a contract with a
  university or organization to assist with [that provides for the
  university's assistance in] the collection and analysis of
  information received under this article. The attorney general
  shall ensure that all sensitive information is properly protected.
         (e)  Information described by Subsections (b)(2)(A)(i) and
  (v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
  Government Code.
         (f)  In consultation with the entities described by
  Subsection (a), the attorney general shall adopt rules to
  administer this article, including rules prescribing:
               (1)  the form and manner of submission of a report or
  notice required by Subsection (b) or (c); and
               (2)  additional information to include in a report or
  notice required by Subsection (b) or (c).
         SECTION 4.02.  As soon as practicable after the effective
  date of this Act, the attorney general shall update forms and
  procedures as necessary to implement Article 2.305, Code of
  Criminal Procedure, as amended by this article.
  ARTICLE 5.  DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
  CERTIFICATES ISSUED TO CERTAIN SEX OFFENDERS
         SECTION 5.01.  Article 42.016, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
  REQUIREMENTS FOR CERTAIN SEX OFFENDERS.  If a person is convicted
  of, receives a grant of deferred adjudication for, or is
  adjudicated as having engaged in delinquent conduct based on a
  violation of an offense for which a conviction or adjudication
  requires registration as a sex offender under Chapter 62, the court
  shall:
               (1)  issue an order requiring the Texas Department of
  Public Safety to include in any driver's license record or personal
  identification certificate record maintained by the department for
  the person:
                     (A)  an indication that the person is subject to
  the registration requirements of Chapter 62; and
                     (B)  if applicable, an indication that the person
  is subject to registration because the person was convicted of an
  offense involving human trafficking under Chapter 20A, Penal Code;
               (2)  require the person to apply to the Texas
  Department of Public Safety in person for an original or renewal
  driver's license or personal identification certificate not later
  than the 30th day after the date the person is released or the date
  the department sends written notice to the person of the
  requirements of Article 62.060, as applicable, and to annually
  renew the license or certificate;
               (3)  notify the person of the consequence of the
  conviction or order of deferred adjudication as it relates to the
  order issued under this article; and
               (4)  send to the Texas Department of Public Safety a
  copy of the record of conviction, a copy of the order granting
  deferred adjudication, or a copy of the juvenile adjudication, as
  applicable, and a copy of the order issued under this article.
         SECTION 5.02.  Section 521.057(a), Transportation Code, is
  amended to read as follows:
         (a)  On receipt of a court order issued under Article 42.016,
  Code of Criminal Procedure, the department shall ensure that any
  driver's license record or personal identification certificate
  record maintained by the department for the person includes an
  indication that the person:
               (1)  is subject to the registration requirements of
  Chapter 62, Code of Criminal Procedure; and
               (2)  if applicable, is subject to registration because
  the person was convicted of an offense involving human trafficking
  under Chapter 20A, Penal Code.
         SECTION 5.03.  The changes in law made by this article apply
  only to a driver's license or personal identification certificate
  issued or renewed on or after the effective date of this Act.  A
  driver's license or personal identification certificate issued or
  renewed before the effective date of this Act is governed by the law
  in effect when the license or certificate was issued or renewed, and
  the former law is continued in effect for that purpose.
  ARTICLE 6.  CHILD GROOMING AND POSSESSION OF CHILD PORNOGRAPHY
         SECTION 6.01.  Chapter 15, Penal Code, is amended by adding
  Section 15.032 to read as follows:
         Sec. 15.032.  CHILD GROOMING. (a) A person commits an
  offense if, with the intent that an offense under Chapter 43 or an
  offense involving sexual activity, the occurrence of which would
  subject the actor to criminal liability under Chapter 20A, 21, or
  22, be committed, the person knowingly persuades, induces, entices,
  or coerces, or attempts to persuade, induce, entice, or coerce, a
  child younger than 18 years of age to engage in specific conduct
  that, under the circumstances surrounding the actor's conduct as
  the actor believes them to be, would:
               (1)  constitute an offense under Chapter 43 or an
  offense involving sexual activity the occurrence of which would
  subject the actor to criminal liability under Chapter 20A, 21, or
  22; or
               (2)  make the child a party to the commission of an
  offense described by Subdivision (1).
         (b)  An offense under this section is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the actor has previously been convicted of an offense under:
               (1)  Chapter 20A, if the offense involved conduct
  described by Section 20A.02(a)(7) or (8);
               (2)  Section 21.02;
               (3)  Section 21.11;
               (4)  Section 22.011, if the victim of the offense was a
  child under 18 years of age; or
               (5)  Section 22.021, if the victim of the offense was a
  child under 18 years of age.
         (c)  It is an affirmative defense to prosecution under this
  section that the actor is under the age of 18 and:
               (1)  the actor engaged in conduct described by
  Subsection (a) with respect to another child under the age of 18:
                     (A)  who is not more than three years older or
  younger than the actor and with whom the actor had a dating
  relationship at the time of the offense; or
                     (B)  who was the spouse of the actor at the time of
  the offense; and
               (2)  the conduct occurred only between the actor and
  the other child described by Subdivision (1).
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section but not both sections.
         SECTION 6.02.  Section 43.26, Penal Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (d-1) and
  (d-2) to read as follows:
         (c)  The affirmative defenses provided by Sections
  43.25(f)(2) and (3) [Section 43.25(f)] also apply to a prosecution
  under this section.
         (d)  An offense under Subsection (a) is a felony of the third
  degree, except that the offense is:
               (1)  a felony of the second degree if:
                     (A)  it is shown on the trial of the offense that
  the person has been previously convicted one time of an offense
  under that subsection; or
                     (B)  the person possesses visual material that
  contains 10 or more visual depictions of a child as described by
  Subsection (a)(1) but fewer than 50 such depictions; and
               (2)  a felony of the first degree if:
                     (A)  it is shown on the trial of the offense that
  the person has been previously convicted two or more times of an
  offense under that subsection; or
                     (B)  the person possesses visual material that
  contains:
                           (i)  50 or more visual depictions of a child
  as described by Subsection (a)(1); or
                           (ii)  a videotape or film that visually
  depicts conduct constituting an offense under Section
  22.011(a)(2).
         (d-1)  If it is shown on the trial of an offense under
  Subsection (a) that the person engaged in conduct that constituted
  an offense under Subsection (e) during the same criminal episode:
               (1)  an offense described for purposes of punishment by
  Subsection (d)(1) is a felony of the first degree; or
               (2)  the minimum term of confinement for an offense
  described for purposes of punishment by Subsection (d)(2) is
  increased to 15 years.
         (d-2)  The enhancement provided by Subsection (d-1) is
  unavailable if the person is also prosecuted under Subsection (e)
  for conduct occurring during the same criminal episode.
         SECTION 6.03.  Section 43.26(f), Penal Code, is repealed.
         SECTION 6.04.  The change in law made by this article 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.
  ARTICLE 7.  EFFECTIVE DATE
         SECTION 7.01.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1527 passed the Senate on
  April 12, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1527 passed the House on
  May 6, 2023, by the following vote:  Yeas 126, Nays 8,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor