Bill Text: TX HB3074 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to sexual assault and other sex offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-20 - Filed [HB3074 Detail]
Download: Texas-2025-HB3074-Introduced.html
89R5743 AJZ-F | ||
By: Howard | H.B. No. 3074 |
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relating to sexual assault and other sex offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 29.14(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) In this article, "victim" means a [ |
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than 17 years of age or whose case involves family violence as | ||
defined by Section 71.004, Family Code. | ||
SECTION 2. Article 56A.051(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A victim, guardian of a victim, or close relative of a | ||
deceased victim is entitled to the following rights within the | ||
criminal justice system: | ||
(1) the right to receive from a law enforcement agency | ||
adequate protection from harm and threats of harm arising from | ||
cooperation with prosecution efforts; | ||
(2) the right to have the magistrate consider the | ||
safety of the victim or the victim's family in setting the amount of | ||
bail for the defendant; | ||
(3) if requested, the right to be informed in the | ||
manner provided by Article 56A.0525: | ||
(A) by the attorney representing the state of | ||
relevant court proceedings, including appellate proceedings, and | ||
to be informed if those proceedings have been canceled or | ||
rescheduled before the event; and | ||
(B) by an appellate court of the court's | ||
decisions, after the decisions are entered but before the decisions | ||
are made public; | ||
(4) when requested, the right to be informed in the | ||
manner provided by Article 56A.0525: | ||
(A) by a peace officer concerning the defendant's | ||
right to bail and the procedures in criminal investigations; and | ||
(B) by the office of the attorney representing | ||
the state concerning the general procedures in the criminal justice | ||
system, including general procedures in guilty plea negotiations | ||
and arrangements, restitution, and the appeals and parole process; | ||
(5) the right to provide pertinent information to a | ||
community supervision and corrections department conducting a | ||
presentencing investigation concerning the impact of the offense on | ||
the victim and the victim's family by testimony, written statement, | ||
or any other manner before any sentencing of the defendant; | ||
(6) the right to receive information, in the manner | ||
provided by Article 56A.0525: | ||
(A) regarding compensation to victims of crime as | ||
provided by Chapter 56B, including information related to the costs | ||
that may be compensated under that chapter and the amount of | ||
compensation, eligibility for compensation, and procedures for | ||
application for compensation under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G for a forensic medical examination | ||
and for any prescribed continuing medical care that is related to | ||
the sexual assault and provided to the victim during the 30-day | ||
period following that examination, as provided by Subchapter G; and | ||
(C) when requested, providing a referral to | ||
available social service agencies that may offer additional | ||
assistance; | ||
(7) the right to: | ||
(A) be informed, on request, and in the manner | ||
provided by Article 56A.0525, of parole procedures; | ||
(B) participate in the parole process; | ||
(C) provide to the board for inclusion in the | ||
defendant's file information to be considered by the board before | ||
the parole of any defendant convicted of any offense subject to this | ||
chapter; and | ||
(D) be notified in the manner provided by Article | ||
56A.0525, if requested, of parole proceedings concerning a | ||
defendant in the victim's case and of the defendant's release; | ||
(8) the right to be provided with a waiting area, | ||
separate or secure from other witnesses, including the defendant | ||
and relatives of the defendant, before testifying in any proceeding | ||
concerning the defendant; if a separate waiting area is not | ||
available, other safeguards should be taken to minimize the | ||
victim's contact with the defendant and the defendant's relatives | ||
and witnesses, before and during court proceedings; | ||
(9) the right to the prompt return of any of the | ||
victim's property that is held by a law enforcement agency or the | ||
attorney representing the state as evidence when the property is no | ||
longer required for that purpose; | ||
(10) the right to have the attorney representing the | ||
state notify the victim's employer, if requested, that the victim's | ||
cooperation and testimony is necessary in a proceeding that may | ||
require the victim to be absent from work for good cause; | ||
(11) the right to request victim-offender mediation | ||
coordinated by the victim services division of the department; | ||
(12) the right to be informed, in the manner provided | ||
by Article 56A.0525, of the uses of a victim impact statement and | ||
the statement's purpose in the criminal justice system as described | ||
by Subchapter D, to complete the victim impact statement, and to | ||
have the victim impact statement considered: | ||
(A) by the attorney representing the state and | ||
the judge before sentencing or before a plea bargain agreement is | ||
accepted; and | ||
(B) by the board before a defendant is released | ||
on parole; | ||
(13) for a victim of sexual [ |
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[ |
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case involves family violence, as defined by Section 71.004, Family | ||
Code, the right to have the court consider the impact on the victim | ||
of a continuance requested by the defendant; if requested by the | ||
attorney representing the state or by the defendant's attorney, the | ||
court shall state on the record the reason for granting or denying | ||
the continuance; and | ||
(14) if the offense is a capital felony, the right to: | ||
(A) receive by mail from the court a written | ||
explanation of defense-initiated victim outreach if the court has | ||
authorized expenditures for a defense-initiated victim outreach | ||
specialist; | ||
(B) not be contacted by the victim outreach | ||
specialist unless the victim, guardian, or relative has consented | ||
to the contact by providing a written notice to the court; and | ||
(C) designate a victim service provider to | ||
receive all communications from a victim outreach specialist acting | ||
on behalf of any person. | ||
SECTION 3. Article 56A.052(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A victim, guardian of a victim, or close relative of a | ||
deceased victim of an offense under Section 21.02, 21.11, 22.011, | ||
22.012, 22.021, or 42.072, Penal Code, is entitled to the following | ||
rights within the criminal justice system: | ||
(1) if requested, the right to a disclosure of | ||
information, in the manner provided by Article 56A.0525, regarding: | ||
(A) any evidence that was collected during the | ||
investigation of the offense, unless disclosing the information | ||
would interfere with the investigation or prosecution of the | ||
offense, in which event the victim, guardian, or relative shall be | ||
informed of the estimated date on which that information is | ||
expected to be disclosed; and | ||
(B) the status of any analysis being performed on | ||
any evidence described by Paragraph (A); | ||
(2) if requested, the right to be notified in the | ||
manner provided by Article 56A.0525: | ||
(A) at the time a request is submitted to a crime | ||
laboratory to process and analyze any evidence that was collected | ||
during the investigation of the offense; | ||
(B) at the time of the submission of a request to | ||
compare any biological evidence collected during the investigation | ||
of the offense with DNA profiles maintained in a state or federal | ||
DNA database; and | ||
(C) of the results of the comparison described by | ||
Paragraph (B), unless disclosing the results would interfere with | ||
the investigation or prosecution of the offense, in which event the | ||
victim, guardian, or relative shall be informed of the estimated | ||
date on which those results are expected to be disclosed; | ||
(3) if requested, the right to counseling regarding | ||
acquired immune deficiency syndrome (AIDS) and human | ||
immunodeficiency virus (HIV) infection; | ||
(4) if requested, the right to be informed about, and | ||
confer with the attorney representing the state regarding, the | ||
disposition of the offense, including sharing the victim's, | ||
guardian's, or relative's views regarding: | ||
(A) a decision not to file charges; | ||
(B) the dismissal of charges; | ||
(C) the use of a pretrial intervention program; | ||
or | ||
(D) a plea bargain agreement; and | ||
(5) for the victim, the right to: | ||
(A) testing for acquired immune deficiency | ||
syndrome (AIDS), human immunodeficiency virus (HIV) infection, | ||
antibodies to HIV, or infection with any other probable causative | ||
agent of AIDS; [ |
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(B) a forensic medical examination as provided by | ||
Subchapter G; and | ||
(C) any prescribed continuing medical care that | ||
is related to the sexual assault and provided to the victim during | ||
the 30-day period following a forensic medical examination, as | ||
provided by Subchapter G. | ||
SECTION 4. Article 56A.304(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) On application to the attorney general and subject to | ||
Article 56A.305(e), a health care provider that provides a forensic | ||
medical examination to a sexual assault survivor in accordance with | ||
this subchapter, or the sexual assault examiner or sexual assault | ||
nurse examiner who conducts that examination in accordance with | ||
this subchapter, as applicable, is entitled to be reimbursed in an | ||
amount set by attorney general rule for: | ||
(1) the reasonable costs of the forensic portion of | ||
that examination; | ||
(2) the evidence collection kit; and | ||
(3) the reasonable costs of other medical care | ||
provided to the victim during the forensic medical examination in | ||
accordance with Subchapters A and B, Chapter 323, Health and Safety | ||
Code, and of any prescribed continuing medical care that is related | ||
to the sexual assault and provided to the victim during the 30-day | ||
period following that examination, including medication and | ||
medical testing. | ||
SECTION 5. Article 56A.401, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial | ||
contact or at the earliest possible time after the initial contact | ||
between a victim of a reported offense and the law enforcement | ||
agency having the responsibility for investigating the offense, the | ||
agency shall provide the victim a written notice containing: | ||
(1) information about the availability of emergency | ||
and medical services, if applicable; | ||
(2) information about the rights of crime victims | ||
under Subchapter B; | ||
(3) notice that the victim has the right to receive | ||
information: | ||
(A) regarding compensation to victims of crime as | ||
provided by Chapter 56B, including information relating to the | ||
costs that may be compensated under that chapter and the amount of | ||
compensation, eligibility for compensation, and procedures for | ||
application for compensation under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G for a forensic medical examination | ||
and for any prescribed continuing medical care that is related to | ||
the sexual assault and provided to the victim during the 30-day | ||
period following that examination, as provided by Subchapter G; and | ||
(C) providing a referral to available social | ||
service agencies that may offer additional assistance; | ||
(4) the name, address, and phone number of the law | ||
enforcement agency's crime victim liaison; | ||
(5) the name, address, and phone number of the victim | ||
assistance coordinator of the office of the attorney representing | ||
the state; and | ||
(6) the following statement: | ||
"You may call the law enforcement agency's telephone number | ||
for the status of the case and information about victims' rights." | ||
SECTION 6. Article 56A.451(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Not later than the 10th day after the date that an | ||
indictment or information is returned against a defendant for an | ||
offense, the attorney representing the state shall give to each | ||
victim of the offense a written notice containing: | ||
(1) the case number and assigned court for the case; | ||
(2) a brief general statement of each procedural stage | ||
in the processing of a criminal case, including bail, plea | ||
bargaining, parole restitution, and appeal; | ||
(3) suggested steps the victim may take if the victim | ||
is subjected to threats or intimidation; | ||
(4) the name, address, and phone number of the local | ||
victim assistance coordinator; and | ||
(5) notification of: | ||
(A) the rights and procedures under this chapter, | ||
Chapter 56B, and Subchapter B, Chapter 58; | ||
(B) the right to file a victim impact statement | ||
with the office of the attorney representing the state and the | ||
department; | ||
(C) the right to receive information: | ||
(i) regarding compensation to victims of | ||
crime as provided by Chapter 56B, including information relating to | ||
the costs that may be compensated under that chapter, eligibility | ||
for compensation, and procedures for application for compensation | ||
under that chapter; | ||
(ii) for a victim of a sexual assault, | ||
regarding the payment under Subchapter G for a forensic medical | ||
examination and for any prescribed continuing medical care that is | ||
related to the sexual assault and provided to the victim during the | ||
30-day period following that examination, as provided by Subchapter | ||
G; and | ||
(iii) providing a referral to available | ||
social service agencies that may offer additional assistance; and | ||
(D) the right of a victim, guardian of a victim, | ||
or close relative of a deceased victim, as defined by Section | ||
508.117, Government Code, to appear in person before a member of the | ||
board as provided by Section 508.153, Government Code. | ||
SECTION 7. Article 62.063, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article: | ||
(1) "Amusement ride" has the meaning assigned by | ||
Section 2151.002, Occupations Code. | ||
(2) "Bus" has the meaning assigned by Section 541.201, | ||
Transportation Code. | ||
(3) "Digitally prearranged ride" has the meaning | ||
assigned by Section 2402.001, Occupations Code. | ||
(b) A person subject to registration under this chapter | ||
because of a reportable conviction or adjudication for which an | ||
affirmative finding is entered under Article 42.015(b) or | ||
42A.105(a), as appropriate, may not, for compensation: | ||
(1) operate or offer to operate a bus; | ||
(2) provide or offer to provide a passenger taxicab or | ||
limousine transportation service, or a digitally prearranged ride; | ||
(3) provide or offer to provide any type of service in | ||
the residence of another person unless the provision of service | ||
will be supervised; or | ||
(4) operate or offer to operate any amusement ride. | ||
SECTION 8. Section 57.002(a), Family Code, is amended to | ||
read as follows: | ||
(a) A victim, guardian of a victim, or close relative of a | ||
deceased victim is entitled to the following rights within the | ||
juvenile justice system: | ||
(1) the right to receive from law enforcement agencies | ||
adequate protection from harm and threats of harm arising from | ||
cooperation with prosecution efforts; | ||
(2) the right to have the court or person appointed by | ||
the court take the safety of the victim or the victim's family into | ||
consideration as an element in determining whether the child should | ||
be detained before the child's conduct is adjudicated; | ||
(3) the right, if requested, to be informed of | ||
relevant court proceedings, including appellate proceedings, and | ||
to be informed in a timely manner if those court proceedings have | ||
been canceled or rescheduled; | ||
(4) the right to be informed, when requested, by the | ||
court or a person appointed by the court concerning the procedures | ||
in the juvenile justice system, including general procedures | ||
relating to: | ||
(A) the preliminary investigation and deferred | ||
prosecution of a case; and | ||
(B) the appeal of the case; | ||
(5) the right to provide pertinent information to a | ||
juvenile court conducting a disposition hearing concerning the | ||
impact of the offense on the victim and the victim's family by | ||
testimony, written statement, or any other manner before the court | ||
renders its disposition; | ||
(6) the right to receive information: | ||
(A) regarding compensation to victims as | ||
provided by Chapter 56B, Code of Criminal Procedure, including | ||
information relating to the costs that may be compensated under | ||
that chapter and the amount of compensation, eligibility for | ||
compensation, and procedures for application for compensation | ||
under that chapter; | ||
(B) for a victim of a sexual assault, regarding | ||
the payment under Subchapter G, Chapter 56A, Code of Criminal | ||
Procedure, for a forensic medical examination and for any | ||
prescribed continuing medical care that is related to the sexual | ||
assault and provided to the victim during the 30-day period | ||
following that examination; and | ||
(C) when requested, providing a referral to | ||
available social service agencies that may offer additional | ||
assistance; | ||
(7) the right to be informed, upon request, of | ||
procedures for release under supervision or transfer of the person | ||
to the custody of the Texas Department of Criminal Justice for | ||
parole, to participate in the release or transfer for parole | ||
process, to be notified, if requested, of the person's release, | ||
escape, or transfer for parole proceedings concerning the person, | ||
to provide to the Texas Juvenile Justice Department for inclusion | ||
in the person's file information to be considered by the department | ||
before the release under supervision or transfer for parole of the | ||
person, and to be notified, if requested, of the person's release or | ||
transfer for parole; | ||
(8) the right to be provided with a waiting area, | ||
separate or secure from other witnesses, including the child | ||
alleged to have committed the conduct and relatives of the child, | ||
before testifying in any proceeding concerning the child, or, if a | ||
separate waiting area is not available, other safeguards should be | ||
taken to minimize the victim's contact with the child and the | ||
child's relatives and witnesses, before and during court | ||
proceedings; | ||
(9) the right to prompt return of any property of the | ||
victim that is held by a law enforcement agency or the attorney for | ||
the state as evidence when the property is no longer required for | ||
that purpose; | ||
(10) the right to have the attorney for the state | ||
notify the employer of the victim, if requested, of the necessity of | ||
the victim's cooperation and testimony in a proceeding that may | ||
necessitate the absence of the victim from work for good cause; | ||
(11) the right to be present at all public court | ||
proceedings related to the conduct of the child as provided by | ||
Section 54.08, subject to that section; and | ||
(12) any other right appropriate to the victim that a | ||
victim of criminal conduct has under Subchapter B, Chapter 56A, | ||
Code of Criminal Procedure. | ||
SECTION 9. Section 420.011(c), Government Code, is amended | ||
to read as follows: | ||
(c) The attorney general shall adopt rules establishing | ||
minimum standards for the certification of a sexual assault nurse | ||
examiner and the renewal of that certification by the nurse | ||
examiner, including standards for examiner training courses and for | ||
the interstate reciprocity of sexual assault nurse examiners. The | ||
certification is valid for three [ |
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issuance. The attorney general shall also adopt rules establishing | ||
minimum standards for the suspension, decertification, or | ||
probation of a sexual assault nurse examiner who violates this | ||
chapter. | ||
SECTION 10. Sections 323.0046(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A health care facility that has an emergency department | ||
shall provide at least one hour of basic sexual assault response | ||
training to facility employees and contractors who provide patient | ||
admission functions, patient-related administrative support | ||
functions, or direct patient care. The training must include | ||
instruction on: | ||
(1) the provision of survivor-centered, | ||
trauma-informed care to sexual assault survivors; and | ||
(2) the rights of sexual assault survivors under | ||
Chapter 56A, Code of Criminal Procedure, including: | ||
(A) the availability of a forensic medical | ||
examination, including an examination that is available when a | ||
sexual assault survivor does not report the assault to a law | ||
enforcement agency; and | ||
(B) the role of an advocate as defined by Section | ||
420.003, Government Code, in responding to a sexual assault | ||
survivor. | ||
(b) An employee or contractor described by Subsection (a) | ||
who completes a continuing medical or nursing education course in | ||
forensic evidence collection described by Section 156.057 or | ||
301.306, Occupations Code, that is approved or recognized by the | ||
appropriate licensing board is considered to have completed basic | ||
sexual assault response training for purposes of this section. | ||
SECTION 11. Section 323.005(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission shall develop a standard information | ||
form for sexual assault survivors that must include: | ||
(1) a detailed explanation of the forensic medical | ||
examination required to be provided by law, including a statement | ||
that photographs may be taken of the genitalia; | ||
(2) information regarding treatment of sexually | ||
transmitted infections and pregnancy, including: | ||
(A) generally accepted medical procedures; | ||
(B) appropriate medications; and | ||
(C) any contraindications of the medications | ||
prescribed for treating sexually transmitted infections and | ||
preventing pregnancy; | ||
(3) information regarding drug-facilitated sexual | ||
assault, including the necessity for an immediate urine test for | ||
sexual assault survivors who may have been involuntarily drugged; | ||
(4) information regarding crime victims compensation | ||
and regarding the payment of costs and the reimbursements available | ||
for care to be provided as described by Subchapter G, Chapter 56A, | ||
Code of Criminal Procedure; | ||
(5) an explanation that consent for the forensic | ||
medical examination may be withdrawn at any time during the | ||
examination; | ||
(6) the name and telephone number of sexual assault | ||
crisis centers statewide; | ||
(7) the names and contact information of legal aid | ||
services providers statewide; | ||
(8) information regarding postexposure prophylaxis | ||
for HIV infection; | ||
(9) [ |
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biological evidence collected from the forensic medical | ||
examination will be retained and preserved under Article 38.43, | ||
Code of Criminal Procedure; and | ||
(10) [ |
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to access a shower for free after the forensic medical examination, | ||
if shower facilities are available at the health care facility. | ||
SECTION 12. Section 323.0051(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission shall develop a standard information | ||
form for sexual assault survivors who arrive at a health care | ||
facility that is not a SAFE-ready facility. The information form | ||
must include: | ||
(1) information regarding the benefits of a forensic | ||
medical examination conducted by a sexual assault forensic | ||
examiner; | ||
(2) the Internet website address to the commission's | ||
list of SAFE-ready facilities that includes the facilities' | ||
physical addresses as required by Section 323.008; | ||
(3) the following statements: | ||
(A) "As a survivor of sexual assault, you have | ||
the right to receive a forensic medical examination for sexual | ||
assault at this hospital emergency room if you are requesting the | ||
examination not later than 120 hours after the assault. For parents | ||
or guardians of a minor child, your child has the right to receive | ||
the forensic medical examination at any time, regardless of when | ||
the assault occurred."; and | ||
(B) "Call 1-800-656-HOPE to be connected to a | ||
sexual assault crisis center for free and confidential | ||
assistance."; [ |
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(4) the names and contact information of legal aid | ||
services providers statewide; and | ||
(5) information on the procedure for submitting a | ||
complaint against the health care facility. | ||
SECTION 13. Section 323.0052(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission shall develop a standard information | ||
form that, as described by Subsection (b), is to be provided to | ||
sexual assault survivors who have not given signed, written consent | ||
to a health care facility to release the evidence as provided by | ||
Section 420.0735, Government Code. The form must include the | ||
following information: | ||
(1) the Department of Public Safety's policy regarding | ||
storage of evidence of a sexual assault or other sex offense that is | ||
collected under Subchapter G, Chapter 56A, Code of Criminal | ||
Procedure, including: | ||
(A) a statement that the evidence will be stored | ||
until the fifth anniversary of the date on which the evidence was | ||
collected before the evidence becomes eligible for destruction; and | ||
(B) the department's procedures regarding the | ||
notification of the survivor through the statewide electronic | ||
tracking system before a planned destruction of the evidence; | ||
(2) a statement that the survivor may request the | ||
release of the evidence to a law enforcement agency and report a | ||
sexual assault or other sex offense to the agency at any time; | ||
(3) the name, phone number, and e-mail address of the | ||
law enforcement agency with jurisdiction over the offense; [ |
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(4) the name and phone number of a local sexual assault | ||
crisis center; and | ||
(5) the names and contact information of legal aid | ||
services providers statewide. | ||
SECTION 14. Section 323.053, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE | ||
program must: | ||
(1) operate under the active oversight of a medical | ||
director who is a physician licensed by and in good standing with | ||
the Texas Medical Board; | ||
(2) provide medical treatment under a physician's | ||
order, standing medical order, standing delegation order, or other | ||
order or protocol as defined by Texas Medical Board rules; | ||
(3) employ or contract with a sexual assault examiner | ||
or a sexual assault nurse examiner; | ||
(4) provide access to a sexual assault program | ||
advocate, as required by Subchapter H, Chapter 56A, Code of | ||
Criminal Procedure; | ||
(5) ensure a sexual assault survivor has access to a | ||
private treatment room; | ||
(6) if indicated by a survivor's history or on a | ||
survivor's request, provide: | ||
(A) HIV testing and prophylactic medication to | ||
the survivor or a referral for the testing and medication; and | ||
(B) counseling and prophylactic medications for | ||
exposure to sexually transmitted infections and pregnancy; | ||
(7) provide to survivors the name and telephone number | ||
of a nearby sexual assault program that provides to survivors the | ||
minimum services described by Subchapter A, Chapter 420, Government | ||
Code; | ||
(8) provide to survivors the information form required | ||
by Section 323.005, 323.0051, or 323.0052, as applicable[ |
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(9) collaborate with any sexual assault program, as | ||
defined by Section 420.003, Government Code, that provides services | ||
to survivors in the county; | ||
(10) engage in efforts to improve the quality of the | ||
program; | ||
(11) maintain capacity for appropriate triage or have | ||
agreements with other health facilities to assure that a survivor | ||
receives the appropriate level of care indicated for the survivor's | ||
medical and mental health needs; | ||
(12) prioritize the safety and well-being of | ||
survivors; | ||
(13) provide a trauma-informed approach in the | ||
forensic medical care provided to survivors; and | ||
(14) collaborate with: | ||
(A) law enforcement agencies and attorneys | ||
representing the state with jurisdiction in the county; | ||
(B) any available local sexual assault response | ||
team; and | ||
(C) other interested persons in the community. | ||
SECTION 15. Section 351.257, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 351.257. REPORT. (a) Not later than December 1 of | ||
each odd-numbered year, a response team shall provide to the | ||
commissioners court of each county the response team serves a | ||
report that includes: | ||
(1) a list of response team members able to | ||
participate in the quarterly meetings required by Section | ||
351.254(c); | ||
(2) a copy of the written protocol developed under | ||
Section 351.256; and | ||
(3) either: | ||
(A) a biennial summary detailing: | ||
(i) the number of sexual assault reports | ||
received by local law enforcement agencies; | ||
(ii) the number of investigations conducted | ||
as a result of those reports; | ||
(iii) the number of indictments presented | ||
in connection with a report and the disposition of those cases; and | ||
(iv) the number of reports of sexual | ||
assault for which no indictment was presented; or | ||
(B) an explanation of the reason the response | ||
team failed to provide the information described by Paragraph (A). | ||
(b) Not later than February 1 of each even-numbered year, | ||
the commissioners court of each county that receives a report | ||
described by Subsection (a) during the preceding year shall submit | ||
that report to the Sexual Assault Survivors' Task Force established | ||
under Section 772.0064, Government Code. | ||
SECTION 16. Subchapter J, Chapter 351, Local Government | ||
Code, is amended by adding Section 351.2571 to read as follows: | ||
Sec. 351.2571. NONCOMPLIANCE. Failure to comply with the | ||
requirements of Section 351.257 may be used to determine | ||
eligibility for receiving grant funds from the office of the | ||
governor or another state agency. | ||
SECTION 17. Section 156.057, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE | ||
COLLECTION. (a) A physician licensed under this subtitle who | ||
submits an application for renewal of a license to practice | ||
medicine and whose practice includes treating patients in an | ||
emergency room setting shall [ |
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continuing medical education relating to: | ||
(1) the provision of trauma-informed care to sexual | ||
assault survivors; | ||
(2) appropriate community referrals and prophylactic | ||
medications; | ||
(3) the rights of a sexual assault survivor under | ||
Chapter 56A, Code of Criminal Procedure, including the opportunity | ||
to request the presence of an advocate as defined by Section | ||
420.003, Government Code, and a forensic medical examination; | ||
(4) forensic evidence collection methods; and | ||
(5) applicable state law pertaining to the custody, | ||
transfer, and tracking of forensic evidence. | ||
(b) The board shall adopt rules to establish the content of | ||
continuing medical education relating to forensic evidence | ||
collection. The content of the continuing medical education must | ||
conform to the evidence collection protocol distributed by the | ||
attorney general under Section 420.031, Government Code. The board | ||
may adopt other rules to implement this section. | ||
(c) The board may permit the continuing medical education | ||
under this section to be counted toward the hours of continuing | ||
medical education required by Section 156.051(a)(2). | ||
SECTION 18. Subchapter D, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.1563 to read as follows: | ||
Sec. 204.1563. CONTINUING EDUCATION IN FORENSIC EVIDENCE | ||
COLLECTION. (a) A physician assistant licensed under this chapter | ||
whose practice includes treating patients in an emergency room | ||
setting shall complete at least two hours of continuing medical | ||
education relating to: | ||
(1) the provision of trauma-informed care to sexual | ||
assault survivors; | ||
(2) appropriate community referrals and prophylactic | ||
medications; | ||
(3) the rights of a sexual assault survivor under | ||
Chapter 56A, Code of Criminal Procedure, including the opportunity | ||
to request the presence of an advocate as defined by Section | ||
420.003, Government Code, and a forensic medical examination; | ||
(4) forensic evidence collection methods; and | ||
(5) applicable state law pertaining to the custody, | ||
transfer, and tracking of forensic evidence. | ||
(b) The content of the continuing medical education | ||
relating to forensic evidence collection must conform to the | ||
evidence collection protocol distributed by the attorney general | ||
under Section 420.031, Government Code. | ||
(c) The board may permit the continuing medical education | ||
under this section to be counted toward the continuing education | ||
requirements under Section 204.1562(a)(2). | ||
SECTION 19. Sections 2402.107(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) Before permitting an individual to log in as a driver on | ||
the company's digital network, a transportation network company | ||
must: | ||
(1) confirm that the individual: | ||
(A) is at least 18 years of age; | ||
(B) maintains a valid driver's license issued by | ||
this state, another state, or the District of Columbia; and | ||
(C) possesses proof of registration and | ||
automobile financial responsibility for each motor vehicle to be | ||
used to provide digitally prearranged rides; | ||
(2) conduct, or cause to be conducted, a local, state, | ||
and national criminal background check for the individual that | ||
includes the use of: | ||
(A) a commercial multistate and | ||
multijurisdiction criminal records locator or other similar | ||
commercial nationwide database; [ |
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(B) the national sex offender public website | ||
maintained by the United States Department of Justice or a | ||
successor agency; and | ||
(C) the state sex offender public website | ||
maintained by the Department of Public Safety; and | ||
(3) obtain and review the individual's driving record. | ||
(b) A transportation network company may not permit an | ||
individual to log in as a driver on the company's digital network if | ||
the individual: | ||
(1) has been convicted in the three-year period | ||
preceding the issue date of the driving record obtained under | ||
Subsection (a)(3) of: | ||
(A) more than three offenses classified by the | ||
Department of Public Safety as moving violations; or | ||
(B) one or more of the following offenses: | ||
(i) fleeing or attempting to elude a police | ||
officer under Section 545.421, Transportation Code; | ||
(ii) reckless driving under Section | ||
545.401, Transportation Code; | ||
(iii) driving without a valid driver's | ||
license under Section 521.025, Transportation Code; or | ||
(iv) driving with an invalid driver's | ||
license under Section 521.457, Transportation Code; | ||
(2) has been convicted in the preceding seven-year | ||
period of any of the following: | ||
(A) driving while intoxicated under Section | ||
49.04 or 49.045, Penal Code; | ||
(B) use of a motor vehicle to commit a felony; | ||
(C) a felony crime involving property damage; | ||
(D) fraud; | ||
(E) theft; | ||
(F) an act of violence; or | ||
(G) an act of terrorism; or | ||
(3) is found to be registered in the national sex | ||
offender public website maintained by the United States Department | ||
of Justice or a successor agency or in the state sex offender public | ||
website maintained by the Department of Public Safety. | ||
SECTION 20. Section 92.0161(c), Property Code, is amended | ||
to read as follows: | ||
(c) If the tenant is a victim or a parent or guardian of a | ||
victim of sexual assault under Section 22.011, Penal Code, | ||
aggravated sexual assault under Section 22.021, Penal Code, | ||
indecency with a child under Section 21.11, Penal Code, sexual | ||
performance by a child under Section 43.25, Penal Code, continuous | ||
sexual abuse of young child or disabled individual under Section | ||
21.02, Penal Code, or an attempt to commit any of the foregoing | ||
offenses under Section 15.01, Penal Code, that takes place during | ||
the preceding six-month period [ |
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landlord's agent a copy of: | ||
(1) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed health | ||
care services provider who examined the victim; | ||
(2) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed mental | ||
health services provider who examined or evaluated the victim; | ||
(3) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from an individual | ||
authorized under Chapter 420, Government Code, who provided | ||
services to the victim; or | ||
(4) documentation of a protective order issued under | ||
Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a | ||
temporary ex parte order. | ||
SECTION 21. Section 323.005(d), Health and Safety Code, is | ||
repealed. | ||
SECTION 22. The changes in law made by this Act to Chapter | ||
56A, Code of Criminal Procedure, apply only to a sexual assault or | ||
other sex offense that is first reported or for which medical care | ||
is first sought on or after the effective date of this Act. A sexual | ||
assault or other sex offense that is first reported or for which | ||
medical care was first sought before the effective date of this Act | ||
is governed by the law in effect on the date the sexual assault was | ||
reported or the medical care was sought, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 23. Section 420.011(c), Government Code, as amended | ||
by this Act, applies only to an application for renewal of a sexual | ||
assault nurse examiner certificate filed on or after the effective | ||
date of this Act. An application for renewal of a certificate filed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 24. Section 156.057, Occupations Code, as amended | ||
by this Act, and Section 204.1563, Occupations Code, as added by | ||
this Act, apply to an application for the renewal of a license filed | ||
on or after September 1, 2026. An application for the renewal of a | ||
license filed before that date is governed by the law in effect on | ||
the date the application was filed, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 25. Not later than June 1, 2026, the Texas Medical | ||
Board shall adopt the rules required by Section 156.057, | ||
Occupations Code, as amended by this Act. | ||
SECTION 26. Not later than June 1, 2026, the Texas Physician | ||
Assistant Board shall adopt rules to implement Section 204.1563, | ||
Occupations Code, as added by this Act. | ||
SECTION 27. This Act takes effect September 1, 2025. |