H.B. No. 1363

	AN ACT
	relating to the prosecution of and punishment for the offense of
	prostitution; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 169.001(a), Health and Safety Code, is
	amended to read as follows:
	(a)  In this chapter, "first offender prostitution
	prevention program" means a program that has the following
	essential characteristics:
	(1)  the integration of services in the processing of
	cases in the judicial system;
	(2)  the use of a nonadversarial approach involving
	prosecutors and defense attorneys to promote public safety, to
	reduce the demand for the commercial sex trade and trafficking of
	persons by educating offenders, and to protect the due process
	rights of program participants;
	(3)  early identification and prompt placement of
	eligible participants in the program;
	(4)  access to information, counseling, and services
	relating to commercial sexual exploitation, trafficking of
	persons, sex addiction, sexually transmitted diseases, mental
	health, and substance abuse;
	(5)  a coordinated strategy to govern program responses
	to participant compliance;
	(6)  monitoring and evaluation of program goals and
	effectiveness;
	(7)  continuing interdisciplinary education to promote
	effective program planning, implementation, and operations; and
	(8)  development of partnerships with public agencies
	and community organizations.
	SECTION 2.  Section 169.003(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A first offender prostitution prevention program
	established under this chapter must:
	(1)  ensure that a person eligible for the program is
	provided legal counsel before volunteering to proceed through the
	program and while participating in the program;
	(2)  allow any participant to withdraw from the program
	at any time before a trial on the merits has been initiated;
	(3)  provide each participant with information,
	counseling, and services relating to commercial sexual
	exploitation, trafficking of persons, sex addiction, sexually
	transmitted diseases, mental health, and substance abuse; and
	(4)  provide each participant with classroom
	instruction related to the prevention of prostitution.
	SECTION 3.  Section 169A.001(a), Health and Safety Code, is
	amended to read as follows:
	(a)  In this chapter, "prostitution prevention program"
	means a program that has the following essential characteristics:
	(1)  the integration of services in the processing of
	cases in the judicial system;
	(2)  the use of a nonadversarial approach involving
	prosecutors and defense attorneys to promote public safety, to
	reduce the demand for the commercial sex trade and trafficking of
	persons by educating offenders, and to protect the due process
	rights of program participants;
	(3)  early identification and prompt placement of
	eligible participants in the program;
	(4)  access to information, counseling, and services
	relating to commercial sexual exploitation, trafficking of
	persons, sex addiction, sexually transmitted diseases, mental
	health, and substance abuse;
	(5)  a coordinated strategy to govern program responses
	to participant compliance;
	(6)  monitoring and evaluation of program goals and
	effectiveness;
	(7)  continuing interdisciplinary education to promote
	effective program planning, implementation, and operations; and
	(8)  development of partnerships with public agencies
	and community organizations.
	SECTION 4.  Section 169A.003(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A prostitution prevention program established under
	this chapter must:
	(1)  ensure that a person eligible for the program is
	provided legal counsel before volunteering to proceed through the
	program and while participating in the program;
	(2)  allow any participant to withdraw from the program
	at any time before a trial on the merits has been initiated;
	(3)  provide each participant with information,
	counseling, and services relating to commercial sexual
	exploitation, trafficking of persons, sex addiction, sexually
	transmitted diseases, mental health, and substance abuse; and
	(4)  provide each participant with instruction related
	to the prevention of prostitution.
	SECTION 5.  Chapter 32, Code of Criminal Procedure, is
	amended by adding Article 32.03 to read as follows:
	Art. 32.03.  DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At
	any time before trial commences for an offense under Section 43.02,
	Penal Code, a court may, on the request of the defendant and with
	the consent of the attorney representing the state, defer
	proceedings without entering an adjudication of guilt and permit
	the defendant to participate in a prostitution prevention program
	established under Chapter 169 or 169A, Health and Safety Code, if
	the defendant is otherwise eligible to participate in the program
	under the applicable chapter.  If the defendant successfully
	completes the prostitution prevention program, the court may
	dismiss the proceedings against the defendant and discharge the
	defendant.
	SECTION 6.  Section 43.02, Penal Code, is amended by
	amending Subsections (a), (b), (c), and (d) and adding Subsections
	(b-1) and (c-1) to read as follows:
	(a)  A person commits an offense if, in return for receipt of
	a fee, the person knowingly:
	(1)  offers to engage, agrees to engage, or engages in
	sexual conduct [for a fee]; or
	(2)  solicits another in a public place to engage with
	the actor [person] in sexual conduct for hire.
	(b)  A person commits an offense if, based on the payment of a
	fee by the actor or another person on behalf of the actor, the
	person knowingly:
	(1)  offers to engage, agrees to engage, or engages in
	sexual conduct; or
	(2)  solicits another in a public place to engage with
	the actor in sexual conduct for hire.
	(b-1)  An offense is established under Subsection (a)
	regardless of [(a)(1)] whether the actor is offered or actually
	receives the [is to receive or pay a] fee.  An offense is
	established under Subsection (b) regardless of [(a)(2)] whether the
	actor or another person on behalf of the actor offers or actually
	pays the fee [solicits a person to hire the actor or offers to hire
	the person solicited].
	(c)  An offense under Subsection (a) [this section] is a
	Class B misdemeanor, except that the offense is:
	(1)  a Class A misdemeanor if the actor has previously
	been convicted three, four, or five [one or two] times of an offense
	under Subsection (a) [this section]; or
	(2)  a state jail felony if the actor has previously
	been convicted six [three] or more times of an offense under
	Subsection (a).
	(c-1)  An offense under Subsection (b) is a Class B
	misdemeanor, except that the offense is:
	(1)  a Class A misdemeanor if the actor has previously
	been convicted one or two times of an offense under Subsection (b);
	(2)  a state jail felony if the actor has previously
	been convicted three or more times of an offense under Subsection
	(b) [this section]; or
	(3)  a felony of the second degree if the person
	solicited is younger than 18 years of age, regardless of whether the
	actor knows the age of the person solicited at the time the actor
	commits the offense.
	(d)  It is a defense to prosecution for an offense under
	Subsection (a) [under this section] that the actor engaged in the
	conduct that constitutes the offense because the actor was the
	victim of conduct that constitutes an offense under Section 20A.02
	or 43.05.
	SECTION 7.  Section 51.03(b), Family Code, is amended to
	read as follows:
	(b)  Conduct indicating a need for supervision is:
	(1)  subject to Subsection (f), conduct, other than a
	traffic offense, that violates:
	(A)  the penal laws of this state of the grade of
	misdemeanor that are punishable by fine only; or
	(B)  the penal ordinances of any political
	subdivision of this state;
	(2)  the absence of a child on 10 or more days or parts
	of days within a six-month period in the same school year or on
	three or more days or parts of days within a four-week period from
	school;
	(3)  the voluntary absence of a child from the child's
	home without the consent of the child's parent or guardian for a
	substantial length of time or without intent to return;
	(4)  conduct prohibited by city ordinance or by state
	law involving the inhalation of the fumes or vapors of paint and
	other protective coatings or glue and other adhesives and the
	volatile chemicals itemized in Section 485.001, Health and Safety
	Code;
	(5)  an act that violates a school district's
	previously communicated written standards of student conduct for
	which the child has been expelled under Section 37.007(c),
	Education Code;
	(6)  conduct that violates a reasonable and lawful
	order of a court entered under Section 264.305;
	(7)  notwithstanding Subsection (a)(1), conduct
	described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
	Code; or
	(8)  notwithstanding Subsection (a)(1), conduct that
	violates Section 43.261, Penal Code.
	SECTION 8.  Section 261.001(1), Family Code, is amended to
	read as follows:
	(1)  "Abuse" includes the following acts or omissions
	by a person:
	(A)  mental or emotional injury to a child that
	results in an observable and material impairment in the child's
	growth, development, or psychological functioning;
	(B)  causing or permitting the child to be in a
	situation in which the child sustains a mental or emotional injury
	that results in an observable and material impairment in the
	child's growth, development, or psychological functioning;
	(C)  physical injury that results in substantial
	harm to the child, or the genuine threat of substantial harm from
	physical injury to the child, including an injury that is at
	variance with the history or explanation given and excluding an
	accident or reasonable discipline by a parent, guardian, or
	managing or possessory conservator that does not expose the child
	to a substantial risk of harm;
	(D)  failure to make a reasonable effort to
	prevent an action by another person that results in physical injury
	that results in substantial harm to the child;
	(E)  sexual conduct harmful to a child's mental,
	emotional, or physical welfare, including conduct that constitutes
	the offense of continuous sexual abuse of young child or children
	under Section 21.02, Penal Code, indecency with a child under
	Section 21.11, Penal Code, sexual assault under Section 22.011,
	Penal Code, or aggravated sexual assault under Section 22.021,
	Penal Code;
	(F)  failure to make a reasonable effort to
	prevent sexual conduct harmful to a child;
	(G)  compelling or encouraging the child to engage
	in sexual conduct as defined by Section 43.01, Penal Code,
	including compelling or encouraging the child in a manner [conduct]
	that constitutes an offense of trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code, prostitution under Section
	43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
	under Section 43.05(a)(2), Penal Code;
	(H)  causing, permitting, encouraging, engaging
	in, or allowing the photographing, filming, or depicting of the
	child if the person knew or should have known that the resulting
	photograph, film, or depiction of the child is obscene as defined by
	Section 43.21, Penal Code, or pornographic;
	(I)  the current use by a person of a controlled
	substance as defined by Chapter 481, Health and Safety Code, in a
	manner or to the extent that the use results in physical, mental, or
	emotional injury to a child;
	(J)  causing, expressly permitting, or
	encouraging a child to use a controlled substance as defined by
	Chapter 481, Health and Safety Code;
	(K)  causing, permitting, encouraging, engaging
	in, or allowing a sexual performance by a child as defined by
	Section 43.25, Penal Code; or
	(L)  knowingly causing, permitting, encouraging,
	engaging in, or allowing a child to be trafficked in a manner
	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
	(8), Penal Code, or the failure to make a reasonable effort to
	prevent a child from being trafficked in a manner punishable as an
	offense under any of those sections.
	SECTION 9.  Section 169.002(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The commissioners court of a county or governing body of
	a municipality may establish a first offender prostitution
	prevention program for defendants charged with an offense under
	Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
	offered or agreed to hire a person to engage in sexual conduct].
	SECTION 10.  Section 169A.002(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The commissioners court of a county or governing body of
	a municipality may establish a prostitution prevention program for
	defendants charged with an offense under Section 43.02(a)
	[43.02(a)(1)], Penal Code[, in which the defendant offered or
	agreed to engage in or engaged in sexual conduct for a fee].
	SECTION 11.  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 12.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1363 was passed by the House on May 6,
	2015, by the following vote:  Yeas 114, Nays 31, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1363 on May 28, 2015, by the following vote:  Yeas 145, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1363 was passed by the Senate, with
	amendments, on May 25, 2015, by the following vote:  Yeas 27, Nays
	4.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor