S.B. No. 536

	AN ACT
	relating to the designation of certain prostitution prevention
	programs as commercially sexually exploited persons court
	programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 169A, Health and Safety Code, is
	transferred to Subtitle K, Title 2, Government Code, as added by
	Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular
	Session, 2013, redesignated as Chapter 126, Government Code, and
	amended to read as follows:
	CHAPTER 126.  COMMERCIALLY SEXUALLY EXPLOITED PERSONS COURT [169A.
	PROSTITUTION PREVENTION] PROGRAM
	Sec. 126.001 [169A.001].  COMMERCIALLY SEXUALLY EXPLOITED
	PERSONS COURT [PROSTITUTION PREVENTION] PROGRAM; PROCEDURES FOR
	CERTAIN DEFENDANTS. (a)  In this chapter, "commercially sexually
	exploited persons court ["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 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.
	(b)  If a defendant successfully completes a commercially
	sexually exploited persons court [prostitution prevention]
	program, regardless of whether the defendant was convicted of the
	offense for which the defendant entered the program or whether the
	court deferred further proceedings without entering an
	adjudication of guilt, after notice to the state and a hearing on
	whether the defendant is otherwise entitled to the petition,
	including whether the required time has elapsed, and whether
	issuance of the order is in the best interest of justice, the court
	shall enter an order of nondisclosure under Section 411.081[,
	Government Code,] as if the defendant had received a discharge and
	dismissal under Section 5(c), Article 42.12, Code of Criminal
	Procedure, with respect to all records and files related to the
	defendant's arrest for the offense for which the defendant entered
	the program.
	Sec. 126.002 [169A.002].  AUTHORITY TO ESTABLISH PROGRAM;
	ELIGIBILITY. (a)  The commissioners court of a county or governing
	body of a municipality may establish a commercially sexually
	exploited persons court [prostitution prevention] program for
	defendants charged with an offense under Section 43.02(a)(1), Penal
	Code, in which the defendant offered or agreed to engage in or
	engaged in sexual conduct for a fee.
	(b)  A defendant is eligible to participate in a commercially
	sexually exploited persons court [prostitution prevention] program
	established under this chapter only if the attorney representing
	the state consents to the defendant's participation in the program.
	(c)  The court in which the criminal case is pending shall
	allow an eligible defendant to choose whether to participate in the
	commercially sexually exploited persons court [prostitution
	prevention] program or otherwise proceed through the criminal
	justice system.
	Sec. 126.003 [169A.0025].  ESTABLISHMENT OF REGIONAL
	PROGRAM.  The commissioners courts of two or more counties, or the
	governing bodies of two or more municipalities, may elect to
	establish a regional commercially sexually exploited persons court
	[prostitution prevention] program under this chapter for the
	participating counties or municipalities.
	Sec. 126.004 [169A.003].  PROGRAM POWERS AND DUTIES. (a)  A
	commercially sexually exploited persons court [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 sex addiction, sexually
	transmitted diseases, mental health, and substance abuse; and
	(4)  provide each participant with instruction related
	to the prevention of prostitution.
	(b)  To provide each program participant with information,
	counseling, and services described by Subsection (a)(3), a program
	established under this chapter may employ a person or solicit a
	volunteer who is:
	(1)  a health care professional;
	(2)  a psychologist;
	(3)  a licensed social worker or counselor;
	(4)  a former prostitute;
	(5)  a family member of a person arrested for
	soliciting prostitution;
	(6)  a member of a neighborhood association or
	community that is adversely affected by the commercial sex trade or
	trafficking of persons; or
	(7)  an employee of a nongovernmental organization
	specializing in advocacy or laws related to sex trafficking or
	human trafficking or in providing services to victims of those
	offenses.
	(c)  A program established under this chapter shall
	establish and publish local procedures to promote maximum
	participation of eligible defendants in programs established in the
	county or municipality in which the defendants reside.
	Sec. 126.005 [169A.004].  DOCUMENTATION REGARDING
	INSUFFICIENT FUNDING.  [OVERSIGHT. (a)     The lieutenant governor
	and the speaker of the house of representatives may assign to
	appropriate legislative committees duties relating to the
	oversight of prostitution prevention programs established under
	this chapter.
	[(b)     A legislative committee or the governor may request the
	state auditor to perform a management, operations, or financial or
	accounting audit of a prostitution prevention program established
	under this chapter.
	[(c)]  A legislative committee may require a county that does
	not establish a commercially sexually exploited persons court
	[prostitution prevention] program under this chapter due to a lack
	of sufficient funding, as provided by Section 126.007(c)
	[169A.0055(c)], to provide the committee with any documentation in
	the county's possession that concerns federal or state funding
	received by the county.
	[(d)     A prostitution prevention program established under
	this chapter shall:
	[(1)     notify the criminal justice division of the
	governor's office before or on implementation of the program; and
	[(2)     provide information regarding the performance of
	the program to the division on request.]
	Sec. 126.006 [169A.005].  FEES. (a)  A commercially
	sexually exploited persons court [prostitution prevention] program
	established under this chapter may collect from a participant in
	the program a nonrefundable program fee in a reasonable amount not
	to exceed $1,000, from which the following must be paid:
	(1)  a counseling and services fee in an amount
	necessary to cover the costs of the counseling and services
	provided by the program;
	(2)  a victim services fee in an amount equal to 10
	percent of the amount paid under Subdivision (1), to be deposited to
	the credit of the general revenue fund to be appropriated only to
	cover costs associated with the grant program described by Section
	531.383[, Government Code]; and
	(3)  a law enforcement training fee, in an amount equal
	to five percent of the total amount paid under Subdivision (1), to
	be deposited to the credit of the treasury of the county or
	municipality that established the program to cover costs associated
	with the provision of training to law enforcement personnel on
	domestic violence, prostitution, and the trafficking of persons.
	(b)  Fees collected under this section may be paid on a
	periodic basis or on a deferred payment schedule at the discretion
	of the judge, magistrate, or coordinator [program director
	administering the prostitution prevention program].  The fees must
	be based on the participant's ability to pay.
	Sec. 126.007 [169A.0055].  PROGRAM IN CERTAIN COUNTIES
	MANDATORY. (a)  If a municipality in the county has not
	established a commercially sexually exploited persons court
	program, the [The] commissioners court of a county with a
	population of more than 200,000 shall:
	(1)  establish a commercially sexually exploited
	persons court [prostitution prevention] program under this
	chapter; and
	(2)  direct the judge, magistrate, or coordinator to
	comply with Section 121.002(c)(1) [if:
	[(1)     the county has a population of more than 200,000;
	and
	[(2)     a municipality in the county has not established
	a prostitution prevention program].
	(b)  A county required under this section to establish a
	commercially sexually exploited persons court [prostitution
	prevention] program shall apply for federal and state funds
	available to pay the costs of the program.  The criminal justice
	division of the governor's office may assist a county in applying
	for federal funds as required by this subsection.
	(b-1)  A county may apply to the criminal justice division of
	the governor's office for a grant for the establishment or
	operation of a commercially sexually exploited persons court
	program.
	(c)  Notwithstanding Subsection (a), a county is required to
	establish a commercially sexually exploited persons court
	[prostitution prevention] program under this section only if:
	(1)  the county receives sufficient federal or state
	funding specifically for that purpose; and
	(2)  the judge, magistrate, or coordinator receives the
	verification described by Section 121.002(c)(2).
	(d)  A county that does not establish a commercially sexually
	exploited persons court [prostitution prevention] program as
	required by this section and maintain the program is ineligible to
	receive [from the state] funds for a community supervision and
	corrections department from the state.
	Sec. 126.008 [169A.006].  SUSPENSION OR DISMISSAL OF
	COMMUNITY SERVICE REQUIREMENT. (a)  To encourage participation in
	a commercially sexually exploited persons court [prostitution
	prevention] program established under this chapter, the judge or
	magistrate administering the program may suspend any requirement
	that, as a condition of community supervision, a participant in the
	program work a specified number of hours at a community service
	project.
	(b)  On a participant's successful completion of a
	commercially sexually exploited persons court [prostitution
	prevention] program, a judge or magistrate may excuse the
	participant from any condition of community supervision previously
	suspended under Subsection (a).
	SECTION 2.  Section 103.0292, Government Code, as added by
	Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
	Session, 2013, is amended to read as follows:
	Sec. 103.0292.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
	GOVERNMENT [HEALTH AND SAFETY] CODE.  A nonrefundable program fee
	for a commercially sexually exploited persons court [prostitution
	prevention] program established under Chapter 126 [Section
	169A.002, Health and Safety Code,] shall be collected under Section
	126.006 [169A.005, Health and Safety Code,] in a reasonable amount
	based on the defendant's ability to pay and not to exceed $1,000,
	which includes:
	(1)  a counseling and services fee in an amount
	necessary to cover the costs of counseling and services provided by
	the program;
	(2)  a victim services fee in an amount equal to 10
	percent of the total fee; and
	(3)  a law enforcement training fee in an amount equal
	to five percent of the total fee.
	SECTION 3.  Section 772.0061(a)(2), Government Code, as
	amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
	83rd Legislature, Regular Session, 2013, is reenacted and amended
	to read as follows:
	(2)  "Specialty court" means:
	(A)  a commercially sexually exploited persons
	court [prostitution prevention] program established under Chapter
	126 or former law [Chapter 169A, Health and Safety Code];
	(B)  a family drug court program established under
	Chapter 122 or former law;
	(C) [(B)]  a drug court program established under
	Chapter 123 or former law;
	(D) [(C)]  a veterans court program established
	under Chapter 124 or former law; and
	(E) [(D)]  a mental health court program
	established under Chapter 125 or former law.
	SECTION 4.  To the extent of any conflict, this Act prevails
	over another Act of the 84th Legislature, Regular Session, 2015,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 5.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 536 passed the Senate on
	March 25, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 536 passed the House on
	May 22, 2015, by the following vote:  Yeas 136, Nays 4,
	two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor