By: Thompson of Harris, et al. H.B. No. 29         (Senate Sponsor - Huffman)          (In the Senate - Received from the House April 20, 2017;   April 24, 2017, read first time and referred to Committee on   Criminal Justice; May 12, 2017, reported favorably by the   following vote:  Yeas 8, Nays 0; May 12, 2017, sent to printer.)Click here to see the committee vote    A BILL TO BE ENTITLED   AN ACT     relating to prostitution and the trafficking of persons, civil   racketeering related to trafficking, the investigation and   prosecution of and punishment for certain sexual offenses and   offenses involving or related to trafficking, reimbursement of   certain costs for criminal victims who are children, and the   release and reporting of certain information relating to a child;   increasing a criminal penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 140A, Civil Practice and Remedies Code,   is amended by designating Sections 140A.001 and 140A.002 as   Subchapter A and adding a subchapter heading to read as follows:   SUBCHAPTER A. GENERAL PROVISIONS          SECTION 2.  Section 140A.001, Civil Practice and Remedies   Code, is amended by adding Subdivision (1-a) to read as follows:                (1-a)  "Attorney general" means the attorney general of   Texas or any assistant attorney general acting under the direction   of the attorney general of Texas.          SECTION 3.  Subchapter A, Chapter 140A, Civil Practice and   Remedies Code, as added by this Act, is amended by adding Section   140A.0015 to read as follows:          Sec. 140A.0015.  APPLICABILITY OF PROVISIONS. (a) The   provisions of this chapter are cumulative of each other and any   other provision of law in effect relating to the same subject. The   provisions of this chapter preserve the constitutional and common   law authority of the attorney general to bring any action under   state and federal law.          (b)  If any of the provisions of this chapter are held   invalid, the remainder of the provisions are not affected as a   result and the application of the provision held invalid to persons   or circumstances other than those as to which it is held invalid are   not affected as a result.          SECTION 4.  Chapter 140A, Civil Practice and Remedies Code,   is amended by adding Subchapter B to read as follows:   SUBCHAPTER B. PROCEDURES AND EVIDENCE          Sec. 140A.051.  DEFINITIONS. In this subchapter:                (1)  "Civil investigative demand" means any demand   issued by the attorney general under this subchapter.                (2)  "Documentary material" means the original or a   copy of any paper, contract, agreement, book, booklet, brochure,   pamphlet, catalog, magazine, notice, announcement, circular,   bulletin, instruction, minutes, agenda, study, analysis, report,   graph, map, chart, table, schedule, note, letter, telegram,   telephone recordings, or data compilations stored in or accessible   through computer or other information retrieval systems, together   with instructions and all other materials necessary to use or   interpret the data compilations, and any product of discovery.                (3)  "Person" has the meaning assigned by Section   311.005, Government Code.                 (4)  "Product of discovery" means:                      (A)  the original or a copy of a deposition,   interrogatory, document, thing, result of inspection of land or   other property, examination, or admission that is obtained by any   method of discovery in a judicial or administrative proceeding of   an adversarial nature;                      (B)  a digest, analysis, selection, compilation,   or derivation of any item listed in Paragraph (A); and                      (C)  an index, instruction, or other aid or means   of access to any item listed in Paragraph (A).                (5)  "Racketeering investigation" means any inquiry   conducted by the attorney general for the purpose of ascertaining   whether any person is or has been engaged in or is actively   preparing to engage in activities that may constitute a   racketeering violation.                (6)  "Racketeering violation" means any act or omission   in violation of Section 20A.02(a)(3) or (4), Penal Code, and the   offense or an element of the offense:                      (A)  occurs in more than one county in this state;   or                      (B)  is facilitated by the use of United States   mail, e-mail, telephone, facsimile, or a wireless communication   from one county in this state to another.          Sec. 140A.052.  CIVIL INVESTIGATIVE DEMAND. If the attorney   general has reason to believe that a person may be in possession,   custody, or control of any documentary material or other evidence   or may have any information relevant to a civil racketeering   investigation, the attorney general may, before beginning a civil   proceeding, issue in writing and serve on the person a civil   investigative demand requiring the person to:                (1)  produce any of the documentary material for   inspection and copying;                (2)  answer in writing any written interrogatories;                (3)  give oral testimony; or                (4)  provide any combination of civil investigative   demands under Subdivisions (1)-(3).          Sec. 140A.053.  CONTENTS OF DEMAND. (a) A civil   investigative demand issued under Section 140A.052 must:                (1)  describe the nature of the activities that are the   subject of the investigation;                (2)  state each statute the activity violates; and                (3)  advise the person on whom the demand is served that   the person has the right to object to the demand as provided for in   this subchapter.          (b)  A demand for production of documentary material must:                (1)  describe the class of material to be produced with   reasonable specificity so that the material demanded is fairly   identified;                (2)  prescribe a return date that provides a reasonable   period of time within which the material is to be produced; and                (3)  identify the individual to whom the material is to   be made available for inspection and copying.          (c)  A demand for answers to written interrogatories must:                (1)  propound the interrogatories with definiteness   and certainty;                (2)  prescribe a date by which answers to the   interrogatories must be submitted; and                (3)  identify the individual to whom the answers should   be submitted.          (d)  Each demand for the giving of oral testimony must:                (1)  prescribe a reasonable date, time, and place at   which the testimony will begin; and                (2)  identify the individual who will conduct the   examination.          Sec. 140A.054.  SERVICE; PROOF OF SERVICE. (a) Service of   any civil investigative demand or petition filed under Section   140A.055 or 140A.060 may be made on any natural person by delivering   a duly executed copy of the demand or petition to the person to be   served or by mailing a copy by registered or certified mail, return   receipt requested, to the person at the person's residence or   principal office or place of business.          (b)  Service of any demand or petition filed under Section   140A.055 or 140A.060 may be made on any person other than a natural   person by delivering a duly executed copy of the demand or petition   to a person to whom delivery would be appropriate under state law if   the demand or petition were process in a civil suit.          (c)  A verified return by the individual serving any demand   or petition filed under Section 140A.055 or 140A.060 setting forth   the manner of service is proof of service. In the case of service by   registered or certified mail, the return must be accompanied by the   return post office receipt of delivery of the demand or petition.          Sec. 140A.055.  PETITION FOR ORDER MODIFYING OR SETTING   ASIDE DEMAND. (a) At any time before the return date specified in a   civil investigative demand or not later than the 30th day after the   date the demand was served, whichever period is shorter, the person   who has been served, and in the case of a demand for a product of   discovery the person from whom the discovery was obtained, may file   a petition for an order modifying or setting aside the demand in the   district court in the county of the person's residence or principal   office or place of business or a district court of Travis County.   The petition must specify each ground upon which the petitioner   relies in seeking the relief sought. The petition may be based on   any failure of a demand to comply with the provisions of this   subchapter or on any constitutional or other legal right or   privilege of the petitioner.          (b)  The petitioner shall serve a copy of the petition on the   attorney general in accordance with Section 140A.054. The attorney   general may submit an answer to the petition.          (c)  In ruling on the petition under this section, the court   shall presume absent evidence to the contrary that the attorney   general issued the demand in good faith and within the scope of the   attorney general's authority.           Sec. 140A.056.  COMPLIANCE WITH DEMAND. (a) A person on   whom a civil investigative demand is served under this subchapter   shall comply with the terms of the demand unless otherwise provided   by court order.          (b)  The time for compliance with the demand wholly or partly   does not run during the pendency of any petition filed under Section   140A.055, provided that the petitioner shall comply with any   portions of the demand not sought to be modified or set aside.          Sec. 140A.057.  DOCUMENTARY MATERIAL. (a) Any person on   whom any civil investigative demand for the production of   documentary material has been duly served under this subchapter   shall make the material available to the attorney general for   inspection and copying during normal business hours on the return   date specified in the demand at the person's principal office or   place of business or as otherwise may be agreed on by the person and   the attorney general. The attorney general shall bear the expense   of any copying. The person may substitute copies for originals of   all or part of the requested documents if the originals are made   available for inspection. The attorney general may elect to obtain   or review information in an electronic format. The person shall   indicate in writing which, if any, of the documents produced   contain trade secrets or confidential information.          (b)  The production of documentary material in response to   any demand must be made under a sworn certificate in the form the   demand designates by a natural person having knowledge of the facts   and circumstances relating to the production to the effect that all   of the requested material in the possession, custody, or control of   the person to whom the demand is directed has been produced.          Sec. 140A.058.  INTERROGATORIES. (a) Each interrogatory in   any civil investigative demand duly served must be answered   separately and fully in writing, unless it is objected to, in which   case the basis for the objection shall be set forth in lieu of an   answer. The person shall indicate in writing which, if any, of the   answers contain trade secrets or confidential information.          (b)  Answers to interrogatories must be submitted under a   sworn certificate in the form the related demand designates by a   natural person having knowledge of the facts and circumstances   relating to the preparation of the answers to the effect that all of   the requested information in the possession, custody, control, or   knowledge of the person to whom the demand is directed has been set   forth fully and accurately.          Sec. 140A.059.  ORAL EXAMINATION. (a) The examination of   any person pursuant to a civil investigative demand for oral   testimony duly served must be taken before any person authorized to   administer oaths and affirmations under the laws of this state or   the United States. The person before whom the testimony is to be   taken shall put the witness on oath or affirmation and shall   personally or by someone acting under the person's direction and in   the person's presence record the witness's testimony. At the   expense of the attorney general, and except as provided by this   subsection, the testimony must be taken stenographically and may be   transcribed. The attorney general may take audio and video   recordings of the testimony by providing notice to the person to be   examined not later than the seventh day before the day the person is   to be examined.          (b)  The oral testimony of any person taken pursuant to a   demand served must be taken within 100 miles of the county where the   person resides, is found, or transacts business or in any other   place agreed on by the person and the attorney general.          (c)  Any person compelled to appear under a demand for oral   testimony may be accompanied, represented, and advised by counsel.   Counsel may advise the person in confidence, either on the request   of the person or on the counsel's own initiative, with respect to   any question arising in connection with the examination.          (d)  The individual conducting the examination on behalf of   the attorney general shall exclude from the place of examination   all other persons except the person being examined, the person's   counsel, the counsel of the person to whom the demand has been   issued, the person before whom the testimony is to be taken, any   stenographer taking the testimony, audiographer, videographer, and   any person assisting the individual conducting the examination.          (e)  During the examination, the person being examined or the   person's counsel may object on the record to any question in   accordance with Rule 199.5(e), Texas Rules of Civil Procedure. An   objection may properly be made, received, and entered on the record   when it is claimed that the person is entitled to refuse to answer   the question on grounds of any constitutional or other privilege,   including the privilege against self-incrimination. Neither that   person nor the person's counsel may otherwise object to or refuse to   answer any question or interrupt the oral examination. If the   person refuses to answer any question, the attorney general may   petition the district court in the county where the examination is   being conducted for an order compelling the person to answer the   question.          (f)  After the testimony has been fully transcribed, the   person before whom the testimony was taken shall promptly transmit   the transcript of the testimony to the witness and a copy of the   transcript to the attorney general. The witness must have a   reasonable opportunity to examine the transcript and make any   changes in form or substance accompanied by a statement of the   reasons for the changes. The witness shall then sign and return the   transcript. If the witness does not return the transcript to the   person before whom the testimony was taken not later than the 20th   day after the date the transcript was provided to the witness, the   witness may be deemed to have waived the right to make changes. The   officer shall then certify on the transcript that the witness was   duly sworn and that the transcript is a true record of the testimony   given by the witness and promptly transmit a copy of the certified   transcript to the attorney general.          (g)  On request, the attorney general shall furnish a copy of   the certified transcript to the witness.          (h)  The attorney general may provide the witness the same   fees and mileage reimbursement that are paid to witnesses in the   district courts of this state.          Sec. 140A.060.  FAILURE TO COMPLY WITH DEMAND PETITION FOR   ENFORCEMENT. If a person fails to comply with a civil investigative   demand duly served on the person, the attorney general may file in   the district court in the county in which the person resides, is   found, or transacts business or in a district court of Travis County   and may serve on the person a petition for an order of the court for   enforcement. If the person transacts business in more than one   county and the attorney general elects not to file the petition in   Travis County, the petition must be filed in the county of the   person's principal office or place of business in the state or in   any other county as may be agreed on by the person and the attorney   general.          Sec. 140A.061.  DELIBERATE NONCOMPLIANCE. (a) A person   commits an offense if the person, with intent to avoid, evade, or   prevent compliance with a civil investigative demand issued under   this subchapter, knowingly removes from any place, conceals,   withholds, destroys, mutilates, alters, or by any other means   falsifies any documentary material or otherwise provides   inaccurate information.          (b)  An offense under this section is a misdemeanor   punishable by:                (1)  a fine of not more than $5,000;                (2)  confinement in a county jail for not more than one   year; or                 (3)  both a fine and confinement.          Sec. 140A.062.  DISCLOSURE AND USE OF MATERIAL AND   INFORMATION. (a) The civil investigative demand issued by the   attorney general, any information obtained, maintained, or created   in response to the demand, or any documentary material, product of   discovery, or other record derived or created during an   investigation from the information, is not subject to disclosure   under Chapter 552, Government Code, and is not subject to   disclosure, discovery, subpoena, or other means of legal compulsion   for the release, except as described in Subsections (b) and (c).          (b)  The attorney general may not release or disclose   information that is obtained in response to a demand or any   documentary material, product of discovery, or other record derived   from the information except:                (1)  by court order for good cause shown;                (2)  with the consent of the person who provided the   information to the attorney general;                (3)  to an employee or other person under the direction   of the attorney general;                (4)  to an agency of this state, the United States, or   another state or foreign country;                (5)  to any party or person in accordance with Sections   140A.107 and 140A.108;                (6)  to a political subdivision of this state; or                (7)  to a person authorized by the attorney general to   receive the information.          (c)  The attorney general may use information obtained in   response to a demand, or any documentary material, product of   discovery, or other record derived or created from the information   as the attorney general determines necessary in the enforcement of   this chapter, including presentation before court.          Sec. 140A.063.  JURISDICTION. If a petition is filed in the   district court in any county, the court has jurisdiction to hear and   determine the matter presented and to enter any order required to   implement this chapter. Any final order is subject to appeal.   Failure to comply with any final order entered by a court under this   chapter is punishable by the court as contempt of the order.          Sec. 140A.064.  NONEXCLUSIVE PROCEDURES. Nothing in this   chapter precludes the attorney general from using any procedure not   specified in this chapter in conducting a racketeering   investigation.          SECTION 5.  Chapter 140A, Civil Practice and Remedies Code,   is amended by adding Subchapter C and adding a subchapter heading to   read as follows:   SUBCHAPTER C. ENFORCEMENT          SECTION 6.  Sections 140A.003 through 140A.013, Civil   Practice and Remedies Code, are transferred to Subchapter C,   Chapter 140A, Civil Practice and Remedies Code, as added by this   Act, redesignated as Sections 140A.101 through 140A.111, Civil   Practice and Remedies Code, and amended to read as follows:          Sec. 140A.101 [140A.003].  SUIT TO ABATE RACKETEERING. (a)   The attorney general may bring suit in the name of the state against   a person or enterprise for racketeering and may seek civil   penalties, costs, reasonable attorney's fees, and appropriate   injunctive relief.          (b)  This chapter does not authorize suit by a person or   enterprise that sustains injury as a result of racketeering.          (c)  A suit under this chapter must be brought in a district   court in a county in which all or part of the alleged racketeering   offense giving rise to the suit occurred.          Sec. 140A.102 [140A.004].  INJUNCTIVE RELIEF; OTHER   REMEDIES. (a) A court in which a proceeding is brought under this   chapter may prevent, restrain, and remedy racketeering by issuing   appropriate orders. The orders may include a temporary restraining   order, a temporary or permanent injunction, the creation of a   receivership, and the enforcement of a constructive trust in   connection with any property or other interest, prejudgment writs   of attachment under Chapter 61 for the purposes of freezing,   preserving, and disgorging assets, or another order for a remedy or   restraint the court considers proper.          (b)  Following a final determination of liability under this   chapter, the court may issue an appropriate order, including an   order that:                (1)  requires a person to divest any direct or indirect   interest in an enterprise;                (2)  imposes reasonable restrictions on the future   activities or investments of a person that affect the laws of this   state, including prohibiting a person from engaging in the type of   endeavor or enterprise that gave rise to the racketeering offense,   to the extent permitted by the constitutions of this state and the   United States;                (3)  requires the dissolution or reorganization of an   enterprise involved in the suit;                (4)  orders the recovery of reasonable fees, expenses,   and costs incurred in obtaining injunctive relief or civil remedies   or in conducting investigations under this chapter, including court   costs, investigation costs, attorney's fees, witness fees, and   deposition fees;                (5)  orders payment to the state of an amount equal to:                      (A)  the gain acquired or maintained through   racketeering; or                      (B)  the amount for which a person is liable under   this chapter;                (6)  orders payment to the state of a civil penalty by a   person or enterprise found liable for racketeering, in an amount   not to exceed $250,000 for each separately alleged and proven act of   racketeering;                (7)  orders payment of damages to the state for   racketeering shown to have materially damaged the state; or                (8)  orders that property attached under Chapter 61 be   used to satisfy an award of the court, including damages,   penalties, costs, and fees.          (c)  In determining the amount of a civil penalty ordered   under Subsection (b)(6), the court shall consider:                (1)  the seriousness of the racketeering offense and   the consequent financial or personal harm to the state or to any   identified victim; [and]                (2)  the duration of the racketeering activity; and                (3)  any other matter that justice requires.          (d)  If any property attached under Chapter 61 is not   necessary to satisfy an award of the court after a finding of   liability for racketeering of the person or enterprise having an   interest in the property, the court may order that the property be   disgorged to the state to the extent of the person's or enterprise's   interest. To be disgorged, the property must be acquired or   maintained by the person or enterprise through racketeering.          (e)  In determining the amount of damages ordered under   Subsection (b)(7), the court shall consider:                (1)  loss of tax revenue to the state;                (2)  unpaid state unemployment taxes;                (3)  unpaid state licensing and regulatory fees;                (4)  medical and counseling costs incurred by the state   on behalf of any victim of the racketeering; and                (5)  other material damage caused to the state by the   racketeering.          (f)  Except as otherwise provided by this chapter, remedies   and awards ordered by a court under this chapter, including costs   and reasonable attorney's fees, may be assessed against and paid   from money or property awarded under this chapter.          (g)  This chapter is not intended to provide the exclusive   remedy for the activity addressed by this chapter. A proceeding   under this chapter may be brought in addition to or in the   alternative of any other civil or criminal action available under   the laws of this state.          (h)  Notwithstanding any other provision in this chapter,   Articles 59.13 and 59.14, Code of Criminal Procedure, apply to a   remedy under this section.          (i)  A remedy under this section may not impair a security   interest in property subject to a bona fide lien.          Sec. 140A.103 [140A.005].  CONSTRUCTIVE TRUST. (a) A   person or enterprise that, through racketeering, acquires property   or prevents another person from receiving property that by law is   required to be transferred or paid to that person is an involuntary   trustee. The involuntary trustee or any other person or   enterprise, other than a bona fide purchaser for value as described   by Subsection (b), holds the property and the proceeds of the   property in constructive trust for the benefit of any person   entitled to remedies under this chapter.          (b)  A bona fide purchaser for value who was reasonably   without notice of unlawful conduct and who did not knowingly take   part in an illegal transaction is not an involuntary trustee under   Subsection (a) and is not subject to a constructive trust imposed   under this chapter.          Sec. 140A.104 [140A.006].  EVIDENCE. (a) In a proceeding   under this chapter, the state bears the burden of proof by a   preponderance of the evidence.          (b)  A person convicted in a criminal proceeding is   precluded, in a proceeding under this chapter, from subsequently   denying the essential allegations of the criminal offense of which   the person was convicted. For purposes of this subsection, a   verdict or a plea, including a plea of nolo contendere, is   considered a conviction.          (c)  An individual may not be held liable under this chapter   based on the conduct of another person unless the finder of fact   finds by a preponderance of the evidence that the individual   authorized, requested, commanded, participated in, ratified, or   recklessly tolerated the unlawful conduct of the other person.          (d)  An enterprise may not be held liable under this chapter   based on the conduct of an agent unless the finder of fact finds by a   preponderance of the evidence that a director or high managerial   agent performed, authorized, requested, commanded, participated   in, ratified, or recklessly tolerated the unlawful conduct of the   agent.          (e)  A bank or savings and loan association insured by the   Federal Deposit Insurance Corporation, a credit union insured by   the National Credit Union Administration, or the holder of a money   transmission license as defined by Chapter 151, Finance Code, may   not be held liable in damages or for other relief under this   chapter, unless the finder of fact finds by a preponderance of the   evidence that the person or agent acquiring or maintaining an   interest in or transporting, transacting, transferring, or   receiving the funds on behalf of another did so knowing that the   funds were the proceeds of an offense and that a director or high   managerial agent performed, authorized, requested, commanded,   participated in, ratified, or recklessly tolerated the unlawful   conduct of the person or agent.          Sec. 140A.105 [140A.007].  LIMITATIONS PERIOD. A   proceeding may be commenced under this chapter only if the   proceeding is filed on or before the seventh anniversary of the date   on which the racketeering offense was actually discovered. This   section supersedes any conflicting provision establishing a   shorter period of limitations for the same conduct.          Sec. 140A.106 [140A.008].  SPECIAL DOCKETING PROCEDURES.   The attorney general may file with the clerk of the district court   in which a proceeding is brought under this chapter a certificate   stating that the case is of special public importance. The clerk   must immediately furnish a copy of the certificate to the   administrative judge of the district court of the county in which   the proceeding is pending. On receiving the copy of the   certificate, the administrative judge shall immediately designate   a judge to hear and determine the proceeding. The designated judge   shall promptly assign the proceeding for hearing, participate in   hearings, make determinations, and cause the action to be   expedited.          Sec. 140A.107 [140A.009].  NOTICE TO LOCAL PROSECUTOR. (a)   In a reasonable time before initiating suit or on initiating an   investigation on racketeering, the attorney general shall provide   notice to the district attorney, criminal district attorney, or   county attorney with felony criminal jurisdiction that appears to   have primary jurisdiction over the criminal prosecution of any   target of an investigation under this chapter at the time of the   notice concerning the attorney general's intent to file suit under   this chapter or investigate racketeering, as applicable.          (b)  The notices described by Subsection (a) must describe or   otherwise identify the defendant to the suit or the suspect, as   applicable.          Sec. 140A.108 [140A.010].  COOPERATION WITH LOCAL   PROSECUTOR. (a) A district attorney, criminal district attorney,   or county attorney with felony criminal jurisdiction that receives   notice under Section 140A.107 [140A.009] may notify the attorney   general of a related pending criminal investigation or prosecution.          (b)  Notification to the attorney general under Subsection   (a) must be in writing and describe or otherwise identify the   defendant or suspect in the criminal investigation or proceeding.          (c)  On receipt of notice described by Subsection (a), the   attorney general shall coordinate and cooperate with the district   attorney, criminal district attorney, or county attorney with   felony criminal jurisdiction to ensure that the filing of a suit   under this chapter does not interfere with an ongoing criminal   investigation or prosecution. The attorney general shall update   the district attorney, criminal district attorney, or county   attorney with felony criminal jurisdiction on matters affecting the   suit or the investigation.          Sec. 140A.109 [140A.011].  ABATEMENT OF SUIT. If the   district attorney, criminal district attorney, or county attorney   with felony criminal jurisdiction determines that a suit brought   under this chapter would interfere with an ongoing criminal   investigation or prosecution after notifying the attorney general   of the investigation or prosecution under Section 140A.108   [140A.010], the district attorney, criminal district attorney, or   county attorney with felony criminal jurisdiction may request, in   writing, that the attorney general abate the suit. On receipt of   this request, the attorney general shall abate the suit.          Sec. 140A.110 [140A.012].  DISPOSITION OF ASSETS. (a) An   award issued in an action brought under this chapter must be paid in   accordance with this section.          (b)  After a deduction of any costs of suit, including   reasonable attorney's fees and court costs, 80 percent of the   amount of the award remaining must be paid to the state, and the   remaining 20 percent must be paid, on a pro rata basis, to each law   enforcement agency, district attorney's office, criminal district   attorney's office, and office of a county attorney with felony   criminal jurisdiction found by the court to have assisted in the   suit.          (c)  The first $10 million, after any costs of suit described   by Subsection (b), that is paid to the state under this chapter in a   fiscal year shall be dedicated to the compensation to victims of   crime fund described by Article 56.54, Code of Criminal Procedure.          Sec. 140A.111 [140A.013].  PREVIOUSLY SEIZED ASSETS.   Notwithstanding another provision of this chapter, no remedies   provided by this chapter may be assessed against proceeds,   contraband, or other property over which a law enforcement agency   has previously asserted jurisdiction under Chapter 59, Code of   Criminal Procedure, at the time a suit under this chapter was filed.          SECTION 7.  Article 24A.001, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.001.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to a subpoena, search warrant, or other court order   that:                (1)  relates to the investigation or prosecution of a   criminal offense under:                      (A)  Section 21.02, 21.11, 22.011, or 22.021,   Penal Code;                      (B)  Chapter 20A, Penal Code;                      (C)  Section 33.021, Penal Code; or                      (D)  Chapter 43, Penal Code; and                (2)  is served on or issued with respect to an online   [Internet] service provider that provides service in this state.          SECTION 8.  Subchapter A, Chapter 24A, Code of Criminal   Procedure, is amended by adding Article 24A.0015 to read as   follows:          Art. 24A.0015.  DEFINITION. In this chapter, "online   service provider" means an Internet service provider, search   engine, web hosting company, web browsing company, manufacturer of   devices providing online application platforms, or company   providing online social media platforms.          SECTION 9.  Articles 24A.002(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  Except as provided by Subsection (b), not later than the   10th day after the date on which an online [Internet] service   provider is served with or otherwise receives a subpoena, search   warrant, or other court order described by Article 24A.001, the   online [Internet] service provider shall:                (1)  fully comply with the subpoena, warrant, or order;   or                (2)  petition a court to excuse the online [Internet]   service provider from complying with the subpoena, warrant, or   order.          (b)  As soon as is practicable, and in no event later than the   second business day after the date the online [Internet] service   provider is served with or otherwise receives a subpoena, search   warrant, or other court order described by Article 24A.001, the   online [Internet] service provider shall fully comply with the   subpoena, search warrant, or order if the subpoena, search warrant,   or order indicates that full compliance is necessary to address a   situation that threatens a person with death or other serious   bodily injury.          SECTION 10.  Article 24A.003, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.003.  DISOBEYING SUBPOENA, WARRANT, OR ORDER. An   online [Internet] service provider that disobeys a subpoena, search   warrant, or other court order described by Article 24A.001 and that   was not excused from complying with the subpoena, warrant, or order   under Article 24A.002(a)(2) may be punished in any manner provided   by law.          SECTION 11.  Article 24A.051, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.051.  PRESERVING INFORMATION. (a) On written   request of a law enforcement agency in this state or a federal law   enforcement agency and pending the issuance of a subpoena or other   court order described by Article 24A.001, an online [Internet]   service provider that provides service in this state shall take all   steps necessary to preserve all records or other potential evidence   in a criminal trial that is in the possession of the online   [Internet] service provider.          (b)  Subject to Subsection (c), an online [Internet] service   provider shall preserve information under Subsection (a) for a   period of 90 days after the date the online [Internet] service   provider receives the written request described by Subsection (a).          (c)  An online [Internet] service provider shall preserve   information under Subsection (a) for the 90-day period immediately   following the 90-day period described by Subsection (b) if the   requesting law enforcement agency in writing requests an extension   of the preservation period.          SECTION 12.  Article 45.0216(f), Code of Criminal Procedure,   is amended to read as follows:          (f)  The court shall order the conviction, together with all   complaints, verdicts, sentences, and prosecutorial and law   enforcement records, and any other documents relating to the   offense, expunged from the person's record if the court finds that:                (1)  for a person applying for the expunction of a   conviction for an offense described by Section 8.07(a)(4) or (5),   Penal Code, the person was not convicted of any other offense   described by Section 8.07(a)(4) or (5), Penal Code, while the   person was a child; and                (2)  for a person applying for the expunction of a   conviction for an offense described by Section 43.261, Penal Code,   the person was not found to have engaged in conduct indicating a   need for supervision described by Section 51.03(b)(6)   [51.03(b)(7)], Family Code, while the person was a child.          SECTION 13.  Article 56.32(a)(9), Code of Criminal   Procedure, is amended to read as follows:                (9)  "Pecuniary loss" means the amount of expense   reasonably and necessarily incurred as a result of personal injury   or death for:                      (A)  medical, hospital, nursing, or psychiatric   care or counseling, or physical therapy;                      (B)  actual loss of past earnings and anticipated   loss of future earnings and necessary travel expenses because of:                            (i)  a disability resulting from the   personal injury;                            (ii)  the receipt of medically indicated   services related to the disability resulting from the personal   injury; or                            (iii)  participation in or attendance at   investigative, prosecutorial, or judicial processes related to the   criminally injurious conduct and participation in or attendance at   any postconviction or postadjudication proceeding relating to   criminally injurious conduct;                      (C)  care of a child or dependent, including   specialized care for a child who is a victim;                      (D)  funeral and burial expenses, including, for   an immediate family member or household member of the victim, the   necessary expenses of traveling to and attending the funeral;                      (E)  loss of support to a dependent, consistent   with Article 56.41(b)(5);                      (F)  reasonable and necessary costs of cleaning   the crime scene;                      (G)  reasonable replacement costs for clothing,   bedding, or property of the victim seized as evidence or rendered   unusable as a result of the criminal investigation;                      (H)  reasonable and necessary costs for   relocation and housing rental assistance payments as provided by   Article 56.42(d);                      (I)  for an immediate family member or household   member of a deceased victim, bereavement leave of not more than 10   work days; and                      (J)  reasonable and necessary costs of traveling   to and from a place of execution for the purpose of witnessing the   execution, including one night's lodging near the place at which   the execution is conducted.          SECTION 14.  Article 62.001(5), Code of Criminal Procedure,   is amended to read as follows:                (5)  "Reportable conviction or adjudication" means a   conviction or adjudication, including an adjudication of   delinquent conduct or a deferred adjudication, that, regardless of   the pendency of an appeal, is a conviction for or an adjudication   for or based on:                      (A)  a violation of Section 21.02 (Continuous   sexual abuse of young child or children), 21.11 (Indecency with a   child), 22.011 (Sexual assault), 22.021 (Aggravated sexual   assault), or 25.02 (Prohibited sexual conduct), Penal Code;                      (B)  a violation of Section 43.05 (Compelling   prostitution), 43.25 (Sexual performance by a child), or 43.26   (Possession or promotion of child pornography), Penal Code;                      (B-1)  a violation of Section 43.02   (Prostitution), Penal Code, if the offense is punishable under   Subsection (c-1)(3) [(c)(3)] of that section;                      (C)  a violation of Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the actor committed the   offense or engaged in the conduct with intent to violate or abuse   the victim sexually;                      (D)  a violation of Section 30.02 (Burglary),   Penal Code, if the offense or conduct is punishable under   Subsection (d) of that section and the actor committed the offense   or engaged in the conduct with intent to commit a felony listed in   Paragraph (A) or (C);                      (E)  a violation of Section 20.02 (Unlawful   restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),   Penal Code, if, as applicable:                            (i)  the judgment in the case contains an   affirmative finding under Article 42.015; or                            (ii)  the order in the hearing or the papers   in the case contain an affirmative finding that the victim or   intended victim was younger than 17 years of age;                      (F)  the second violation of Section 21.08   (Indecent exposure), Penal Code, but not if the second violation   results in a deferred adjudication;                      (G)  an attempt, conspiracy, or solicitation, as   defined by Chapter 15, Penal Code, to commit an offense or engage in   conduct listed in Paragraph (A), (B), (C), (D), (E), [or] (K), or   (L);                      (H)  a violation of the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),   (G), (J), [or] (K), or (L), but not if the violation results in a   deferred adjudication;                      (I)  the second violation of the laws of another   state, federal law, the laws of a foreign country, or the Uniform   Code of Military Justice for or based on the violation of an offense   containing elements that are substantially similar to the elements   of the offense of indecent exposure, but not if the second violation   results in a deferred adjudication;                      (J)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code; [or]                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code; or                      (L)  a violation of Section 20A.03 (Continuous   trafficking of persons), Penal Code, if the offense is based partly   or wholly on conduct that constitutes an offense under Section   20A.02(a)(3), (4), (7), or (8) of that code.          SECTION 15.  Article 62.005(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  The information contained in the database, including   the numeric risk level assigned to a person under this chapter, is   public information, with the exception of any information:                (1)  regarding the person's social security number or   driver's license number, or any home, work, or cellular telephone   number of the person;                (2)  that is described by Article 62.051(c)(7) or   required by the department under Article 62.051(c)(9)   [62.051(c)(8)], including any information regarding an employer's   name, address, or telephone number; or                (3)  that would identify the victim of the offense for   which the person is subject to registration.          SECTION 16.  Article 62.051(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The registration form shall require:                (1)  the person's full name, date of birth, sex, race,   height, weight, eye color, hair color, social security number,   driver's license number, and shoe size;                (1-a)  the address at which the person resides or   intends to reside or, if the person does not reside or intend to   reside at a physical address, a detailed description of each   geographical location at which the person resides or intends to   reside;                (1-b)  each alias used by the person and any home, work,   or cellular telephone number of the person;                (2)  a recent color photograph or, if possible, an   electronic digital image of the person and a complete set of the   person's fingerprints;                (3)  the type of offense the person was convicted of,   the age of the victim, the date of conviction, and the punishment   received;                (4)  an indication as to whether the person is   discharged, paroled, or released on juvenile probation, community   supervision, or mandatory supervision;                (5)  an indication of each license, as defined by   Article 62.005(g), that is held or sought by the person;                (6)  an indication as to whether the person is or will   be employed, carrying on a vocation, or a student at a particular   public or private institution of higher education in this state or   another state, and the name and address of that institution;                (7)  the identification of any online identifier   established or used by the person;                (8)  the vehicle registration information, including   the make, model, vehicle identification number, color, and license   plate number, of any vehicle owned by the person, if the person has   a reportable conviction or adjudication for an offense under:                      (A)  Section 20A.02(a)(3), (4), (7), or (8), Penal   Code; or                      (B)  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; and                (9) [(8)]  any other information required by the   department.          SECTION 17.  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 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) [(4)]  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) [(5)]  an offense under Section 43.23, Penal Code,   that is punishable under Subsection (h) of that section.          SECTION 18.  Subchapter A, Chapter 130, Education Code, is   amended by adding Section 130.0105 to read as follows:          Sec. 130.0105.  COMMERCIAL DRIVER'S LICENSE TRAINING   PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The Texas Higher   Education Coordinating Board by rule shall require each public   junior college offering a commercial driver's license training   program to include as a part of that program education and training   on the recognition and prevention of human trafficking.          (b)  The Texas Higher Education Coordinating Board, in   collaboration with the office of the attorney general, shall   establish the content of the education and training required by   this section.           SECTION 19.  Subchapter A, Chapter 132, Education Code, is   amended by adding Section 132.006 to read as follows:          Sec. 132.006.  COMMERCIAL DRIVER'S LICENSE TRAINING   PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The commission by   rule shall require each career school or college offering a   commercial driver's license training program to include as a part   of that program education and training on the recognition and   prevention of human trafficking.          (b)  The commission, in collaboration with the office of the   attorney general, shall establish the content of the education and   training required by this section.   SECTION 20.  Section 51.03(b), Family Code, as amended by   Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Conduct indicating a need for supervision is:                (1)  subject to Subsection (f), conduct, other than a   traffic offense, that violates:                      (A)  the penal laws of this state of the grade of   misdemeanor that are punishable by fine only; or                      (B)  the penal ordinances of any political   subdivision of this state;                (2)  the voluntary absence of a child from the child's   home without the consent of the child's parent or guardian for a   substantial length of time or without intent to return;                (3)  conduct prohibited by city ordinance or by state   law involving the inhalation of the fumes or vapors of paint and   other protective coatings or glue and other adhesives and the   volatile chemicals itemized in Section 485.001, Health and Safety   Code;                (4)  an act that violates a school district's   previously communicated written standards of student conduct for   which the child has been expelled under Section 37.007(c),   Education Code;                (5) [(6)]  notwithstanding Subsection (a)(1), conduct   described by Section 43.02(a) or (b), Penal Code; or                (6) [(7)]  notwithstanding Subsection (a)(1), conduct   that violates Section 43.261, Penal Code.          SECTION 21.  Section 51.13(e), Family Code, is amended to   read as follows:          (e)  A finding that a child engaged in conduct indicating a   need for supervision as described by Section 51.03(b)(6)   [51.03(b)(7)] is a conviction only for the purposes of Sections   43.261(c) and (d), Penal Code.          SECTION 22.  Section 54.0404(a), Family Code, is amended to   read as follows:          (a)  If a child is found to have engaged in conduct   indicating a need for supervision described by Section 51.03(b)(6)   [51.03(b)(7)], the juvenile court may enter an order requiring the   child to attend and successfully complete an educational program   described by Section 37.218, Education Code, or another equivalent   educational program.          SECTION 23.  Section 58.003(c-3), Family Code, is amended to   read as follows:          (c-3)  Notwithstanding Subsections (a) and (c) and subject   to Subsection (b), a juvenile court, on the court's own motion and   without a hearing, shall order the sealing of records concerning a   child found to have engaged in conduct indicating a need for   supervision described by Section 51.03(b)(5) [51.03(b)(6)] or   taken into custody to determine whether the child engaged in   conduct indicating a need for supervision described by Section   51.03(b)(5) [51.03(b)(6)].  This subsection applies only to   records related to conduct indicating a need for supervision   described by Section 51.03(b)(5) [51.03(b)(6)].          SECTION 24.  Section 23.101(a), Government Code, is amended   to read as follows:          (a)  The trial courts of this state shall regularly and   frequently set hearings and trials of pending matters, giving   preference to hearings and trials of the following:                (1)  temporary injunctions;                (2)  criminal actions, with the following actions given   preference over other criminal actions:                      (A)  criminal actions against defendants who are   detained in jail pending trial;                      (B)  criminal actions involving a charge that a   person committed an act of family violence, as defined by Section   71.004, Family Code;                      (C)  an offense under:                            (i)  Section 21.02 or 21.11, Penal Code;                            (ii)  Chapter 22, Penal Code, if the victim   of the alleged offense is younger than 17 years of age;                            (iii)  Section 25.02, Penal Code, if the   victim of the alleged offense is younger than 17 years of age;                            (iv)  Section 25.06, Penal Code;                            (v)  Section 43.25, Penal Code; or                            (vi)  Section 20A.02(a)(7), 20A.02(a)(8),   or 20A.03, Penal Code;                      (D)  an offense described by Article 62.001(6)(C)   or (D), Code of Criminal Procedure; and                      (E)  criminal actions against persons who are   detained as provided by Section 51.12, Family Code, after transfer   for prosecution in criminal court under Section 54.02, Family Code;                (3)  election contests and suits under the Election   Code;                (4)  orders for the protection of the family under   Subtitle B, Title 4, Family Code;                (5)  appeals of final rulings and decisions of the   division of workers' compensation of the Texas Department of   Insurance regarding workers' compensation claims and claims under   the Federal Employers' Liability Act and the Jones Act;                (6)  appeals of final orders of the commissioner of the   General Land Office under Section 51.3021, Natural Resources Code;                (7)  actions in which the claimant has been diagnosed   with malignant mesothelioma, other malignant asbestos-related   cancer, malignant silica-related cancer, or acute silicosis; and                (8)  appeals brought under Section 42.01 or 42.015, Tax   Code, of orders of appraisal review boards of appraisal districts   established for counties with a population of less than 175,000.          SECTION 25.  Section 126.002(a), Government Code, as   transferred and redesignated from Section 169A.002, Health and   Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts   of the 84th Legislature, Regular Session, 2015, and as amended by   Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th   Legislature, Regular Session, 2015, is reenacted to read as   follows:          (a)  The commissioners court of a county or governing body of   a municipality may establish a commercially sexually exploited   persons court program for defendants charged with an offense under   Section 43.02(a), Penal Code.   SECTION 26.  Section 402.035(c), Government Code, as amended   by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. 1549), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   amended 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) [(D)]  the Texas Alcoholic Beverage   Commission;                      (F)  the [Texas] Parks and Wildlife Department;   [and]                      (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                (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)  representatives of sheriff's departments;                      (E)  representatives of local law enforcement   agencies affected by human trafficking; and                      (F)  representatives of nongovernmental 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; or                            (v)  engaging in other activities designed   to prevent human trafficking.          SECTION 27.  Section 402.035(d), Government Code, as amended   by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th   Legislature, Regular Session, 2015, is reenacted and amended to   read as follows:          (d)  The task force shall:                (1)  collaborate, as needed to fulfill the duties of   the task force, with:                      (A)  United States attorneys' offices [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 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 under Section   43.02(c-1)(3) [43.02(c)(3)], 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;                (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;                (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;                (8)  examine training protocols related to human   trafficking issues, as developed and implemented by federal, state,   and local law enforcement agencies;                (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;                (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;                (11)  examine the extent to which human trafficking is   associated with the operation of sexually oriented businesses, as   defined by Section 243.002, Local Government Code, and the   workplace or public health concerns that are created by the   association of human trafficking and the operation of sexually   oriented businesses; [and]                (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 prostitution with victims younger than 18 years of age; and                (13) [(12)]  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.          SECTION 28.  Section 81.046(d), Health and Safety Code, is   amended to read as follows:          (d)  In a case of sexually transmitted disease involving a   minor under 14 [13] years of age, information may not be released,   except that the child's name, age, and address and the name of the   disease may be released to appropriate agents as required by   Chapter 261, Family Code. This subsection does not affect a   person's duty to report child abuse or neglect under Subchapter B,   Chapter 261, Family Code, except that information made confidential   by this chapter may not be released.  If that information is   required in a court proceeding involving child abuse, the   information shall be disclosed in camera.          SECTION 29.  Section 20A.02(b), Penal Code, is amended to   read as follows:          (b)  Except as otherwise provided by this subsection, 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 at the time of [the actor   commits] the offense; or                (2)  the commission of the offense results in the death   of the person who is trafficked.          SECTION 30.  Section 21.02(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if:                (1)  during a period that is 30 or more days in   duration, the person commits two or more acts of sexual abuse,   regardless of whether the acts of sexual abuse are committed   against one or more victims; and                (2)  at the time of the commission of each of the acts   of sexual abuse, the actor is 17 years of age or older and the victim   is a child younger than 14 years of age, regardless of whether the   actor knows the age of the victim at the time of the offense.          SECTION 31.  Section 21.11(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if, with a child younger   than 17 years of age, whether the child is of the same or opposite   sex and regardless of whether the person knows the age of the child   at the time of the offense, the person:                (1)  engages in sexual contact with the child or causes   the child to engage in sexual contact; or                (2)  with intent to arouse or gratify the sexual desire   of any person:                      (A)  exposes the person's anus or any part of the   person's genitals, knowing the child is present; or                      (B)  causes the child to expose the child's anus   or any part of the child's genitals.          SECTION 32.  Section 22.011(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if [the person]:                (1)  the person intentionally or knowingly:                      (A)  causes the penetration of the anus or sexual   organ of another person by any means, without that person's   consent;                      (B)  causes the penetration of the mouth of   another person by the sexual organ of the actor, without that   person's consent; or                      (C)  causes the sexual organ of another person,   without that person's consent, to contact or penetrate the mouth,   anus, or sexual organ of another person, including the actor; or                (2)  regardless of whether the person knows the age of   the child at the time of the offense, the person intentionally or   knowingly:                      (A)  causes the penetration of the anus or sexual   organ of a child by any means;                      (B)  causes the penetration of the mouth of a   child by the sexual organ of the actor;                      (C)  causes the sexual organ of a child to contact   or penetrate the mouth, anus, or sexual organ of another person,   including the actor;                      (D)  causes the anus of a child to contact the   mouth, anus, or sexual organ of another person, including the   actor; or                      (E)  causes the mouth of a child to contact the   anus or sexual organ of another person, including the actor.          SECTION 33.  Section 22.021(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense:                (1)  if the person:                      (A)  intentionally or knowingly:                            (i)  causes the penetration of the anus or   sexual organ of another person by any means, without that person's   consent;                            (ii)  causes the penetration of the mouth of   another person by the sexual organ of the actor, without that   person's consent; or                            (iii)  causes the sexual organ of another   person, without that person's consent, to contact or penetrate the   mouth, anus, or sexual organ of another person, including the   actor; or                      (B)  regardless of whether the person knows the   age of the child at the time of the offense, intentionally or   knowingly:                            (i)  causes the penetration of the anus or   sexual organ of a child by any means;                            (ii)  causes the penetration of the mouth of   a child by the sexual organ of the actor;                            (iii)  causes the sexual organ of a child to   contact or penetrate the mouth, anus, or sexual organ of another   person, including the actor;                            (iv)  causes the anus of a child to contact   the mouth, anus, or sexual organ of another person, including the   actor; or                            (v)  causes the mouth of a child to contact   the anus or sexual organ of another person, including the actor; and                (2)  if:                      (A)  the person:                            (i)  causes serious bodily injury or   attempts to cause the death of the victim or another person in the   course of the same criminal episode;                            (ii)  by acts or words places the victim in   fear that any person will become the victim of an offense under   Section 20A.02(a)(3), (4), (7), or (8) or that death, serious   bodily injury, or kidnapping will be imminently inflicted on any   person;                            (iii)  by acts or words occurring in the   presence of the victim threatens to cause any person to become the   victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or   to cause the death, serious bodily injury, or kidnapping of any   person;                            (iv)  uses or exhibits a deadly weapon in the   course of the same criminal episode;                            (v)  acts in concert with another who   engages in conduct described by Subdivision (1) directed toward the   same victim and occurring during the course of the same criminal   episode; or                            (vi)  administers or provides   flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,   or ketamine to the victim of the offense with the intent of   facilitating the commission of the offense;                      (B)  the victim is younger than 14 years of age,   regardless of whether the person knows the age of the victim at the   time of the offense; or                      (C)  the victim is an elderly individual or a   disabled individual.          SECTION 34.  Section 43.01, Penal Code, is amended by adding   Subdivision (1-a) to read as follows:                (1-a)  "Fee" means the payment or offer of payment in   the form of money, goods, services, or other benefit.          SECTION 35.  Sections 43.02(a) and (b), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if[, in return for receipt   of a fee,] the person knowingly offers or agrees to receive a fee   from another to engage in sexual conduct[:                [(1)     offers to engage, agrees to engage, or engages in   sexual conduct; or                [(2)     solicits another in a public place to engage with   the actor in sexual conduct for hire].          (b)  A person commits an offense if[, based on the payment of   a fee by the actor or another person on behalf of the actor,] the   person knowingly offers or agrees to pay a fee to another person for   the purpose of engaging in sexual conduct with that person or   another[:                [(1)     offers to engage, agrees to engage, or engages in   sexual conduct; or                [(2)     solicits another in a public place to engage with   the actor in sexual conduct for hire].          SECTION 36.  Section 43.02, Penal Code, as amended by   Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th   Legislature, Regular Session, 2015, is amended by reenacting   Subsection (c) and reenacting and amending Subsection (c-1) to read   as follows:          (c)  An offense under Subsection (a) is a Class B   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the actor has previously   been convicted one or two times of an offense under Subsection (a);   or                (2)  a state jail felony if the actor has previously   been convicted three or more times of an offense under Subsection   (a).          (c-1)  An offense under Subsection (b) is a Class B   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the actor has previously   been convicted one or two times of an offense under Subsection (b);                (2)  a state jail felony if the actor has previously   been convicted three or more times of an offense under Subsection   (b); or                (3)  a felony of the second degree if the person with   whom the actor agrees to engage in sexual conduct [solicited] is:                      (A)  younger than 18 years of age, regardless of   whether the actor knows the age of the person [solicited] at the   time of [the actor commits] 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 37.  Section 43.03(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a state jail felony   [Class A misdemeanor], except that the offense is:                (1)  a felony of the third degree [state jail felony] if   the actor has been previously convicted of an offense under this   section; or                (2)  a felony of the second degree if the actor engages   in conduct described by Subsection (a)(1) or (2) involving a person   younger than 18 years of age engaging in prostitution, regardless   of whether the actor knows the age of the person at the time of [the   actor commits] the offense.          SECTION 38.  Section 43.04(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a felony of the second   [third] degree, except that the offense is a felony of the first   degree if the prostitution enterprise uses as a prostitute one or   more persons younger than 18 years of age, regardless of whether the   actor knows the age of the person at the time of [the actor commits]   the offense.          SECTION 39.  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, 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 actor commits] the offense.          SECTION 40.  Section 43.25, Penal Code, is amended by   amending Subsections (c) and (e) and adding Subsection (h) to read   as follows:          (c)  An offense under Subsection (b) is a felony of the   second degree, except that the offense is a felony of the first   degree if the victim is younger than 14 years of age at the time the   offense is committed, regardless of whether the actor knows the age   of the victim at the time of the offense.          (e)  An offense under Subsection (d) is a felony of the third   degree, except that the offense is a felony of the second degree if   the victim is younger than 14 years of age at the time the offense is   committed, regardless of whether the actor knows the age of the   victim at the time of the offense.          (h)  Conduct under this section constitutes an offense   regardless of whether the actor knows the age of the victim at the   time of the offense.          SECTION 41.  Section 43.251, Penal Code, is amended by   amending Subsection (c) and adding Subsection (d) to read as   follows:          (c)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if   the child is younger than 14 years of age at the time the offense is   committed, regardless of whether the actor knows the age of the   child at the time of the offense.          (d)  Conduct under this section constitutes an offense   regardless of whether the actor knows the age of the child at the   time of the offense.          SECTION 42.  The following laws are repealed:                (1)  Section 402.035(h), Government Code; and                (2)  Section 43.02(b-1), Penal Code.          SECTION 43.  (a)  Except as provided by Subsection (b) of   this section, the changes in law made by this Act apply 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 subsection, an offense was committed before the effective date   of this Act if any element of the offense occurred before that date.          (b)  The changes in law made by this Act in amending Chapter   62, Code of Criminal Procedure, apply only to a person who is   required to register under Chapter 62, Code of Criminal Procedure,   on the basis of a conviction or adjudication for or based on an   offense committed on or after the effective date of this Act. A   person who is required to register under Chapter 62, Code of   Criminal Procedure, solely on the basis of a conviction or   adjudication for or based on 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 subsection, an   offense was committed before the effective date of this Act if any   element of the offense occurred before that date.          SECTION 44.  The change in law made by this Act to Chapter   24A, Code of Criminal Procedure, applies only to a subpoena, search   warrant, or other court order issued on or after the effective date   of this Act. A subpoena, search warrant, or other court order   issued before the effective date of this Act is governed by the law   in effect on the date the warrant was issued, and the former law is   continued in effect for that purpose.          SECTION 45.  (a)  Not later than December 1, 2017, the Texas   Higher Education Coordinating Board shall adopt rules necessary to   implement Section 130.0105, Education Code, as added by this Act.          (b)  Not later than December 1, 2017, the Texas Workforce   Commission shall adopt rules necessary to implement Section   132.006, Education Code, as added by this Act.          SECTION 46.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 47.  This Act takes effect September 1, 2017.     * * * * *