88R3356 EAS/LHC-D
	By: Huffman	S.B. No. 1527

	A BILL TO BE ENTITLED
	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.