HB1778 - Relating to human trafficking, prostitution, and child pornography and to the prosecution of sexual or assaultive offenses or the prosecution of a failure to stop or report those offenses; amending and harmonizing certain statute of limitations provisions; creating a criminal offense; increasing a criminal penalty.

      H.B. No. 1778         AN ACT   relating to human trafficking, prostitution, and child pornography   and to the prosecution of sexual or assaultive offenses or the   prosecution of a failure to stop or report those offenses; amending   and harmonizing certain statute of limitations provisions;   creating a criminal offense; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. HUMAN TRAFFICKING          SECTION 1.01.  Section 71.0353(a), Government Code, is   amended to read as follows:          (a)  As a component of the official monthly report submitted   to the Office of Court Administration of the Texas Judicial System,   a district court or county court at law shall report the number of   cases filed for the following offenses:                (1)  trafficking of persons under Section 20A.02 or   20A.03 , Penal Code;                (2)  prostitution under Section 43.02, Penal Code;                (3)  solicitation of prostitution under Section   43.021, Penal Code; [ and ]                (4)   promotion of prostitution under Section 43.03,   Penal Code;                 (5)     online promotion of prostitution under Section   43.031, Penal Code;                 (6)     aggravated promotion of prostitution under   Section 43.04, Penal Code;                 (7)     aggravated online promotion of prostitution under   Section 43.041, Penal Code; and                 (8)   compelling prostitution under Section 43.05,   Penal Code.          SECTION 1.02.  Section 402.034(c), Government Code, is   amended to read as follows:          (c)  The council is composed of the following:                (1)  the governor or the governor's designee;                (2)  the attorney general or the attorney general's   designee;                (3)  the commissioner of the Department of Family and   Protective Services or the commissioner's designee;                (4)  the public safety director of the Department of   Public Safety or the director's designee;                (5)  one representative from each of the following   state agencies, appointed by the chief administrative officer of   the respective agency:                      (A)  the Texas Workforce Commission;                      (B)  the Texas Alcoholic Beverage Commission;                      (C)  the Parks and Wildlife Department;                      (D)  the Texas Department of Licensing and   Regulation;                      (E)  the Texas Education Agency; [ and ]                      (F)  the Texas Department of Transportation; and                       (G)     the Office of Court Administration of the   Texas Judicial System; and                (6)  one representative of any other state agency   appointed by the chief administrative officer of the agency, if the   council determines that a representative from the state agency is a   necessary member of the council.          SECTION 1.03.  Section 402.035(g), Government Code, is   amended to read as follows:          (g)  Not later than December 1 of each even-numbered year,   the task force shall submit a report regarding the task force's   activities, findings, and recommendations, including :                 (1)   any proposed legislation, to the governor, the   lieutenant governor, and the legislature ; and                 (2)     an addendum comprised of the findings and   recommendations submitted to the task force by the attorney general   under Section 402.0353 .          SECTION 1.04.  Section 402.0351(a), Government Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)   "Body piercing studio" has the meaning assigned by   Section 146.001, Health and Safety Code.                 (1-a)   "Cosmetology facility" means a person who holds   a license to operate a facility or school under Chapter 1603  [ 1602 ],   Occupations Code , where cosmetology is practiced .          SECTION 1.05.  Section 402.0351(a-1), Government Code, is   amended to read as follows:          (a-1)  Except as provided by Subsection (a-3), a person who   operates any of the following entities shall post at the entity the   sign prescribed under Subsection (b), or, if applicable, a similar   sign or notice as prescribed by other state law:                (1)  an entity permitted or licensed under Chapter 25,   26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity   holding a food and beverage certificate;                (2)  a cosmetology facility;                (3)  a hospital;                (4)  a massage establishment;                (5)  a massage school;                (6)  a sexually oriented business;                (7)  a tattoo studio; [ or ]                (8)  a transportation hub ; or                 (9)  a body piercing studio .          SECTION 1.06.  Article 2A.205, Code of Criminal Procedure,   is transferred to Subchapter B, Chapter 402, Government   Code, redesignated as Section 402.0352, Government Code, and   amended to read as follows:           Sec. 402.0352   [ Art. 2A.205 ].   REPORTING OF [ CERTAIN LAW   ENFORCEMENT AGENCIES: REPORT CONCERNING ] HUMAN TRAFFICKING CASES.     (a)  This section [ article ] applies only to:                (1)  a municipal police department, sheriff's   department, or constable's office[ , county attorney's office,   district attorney's office, and criminal district attorney's   office, as applicable, ] in a county with a population of more than   50,000;                 (2)  the Department of Family and Protective Services;                   (3)  the Texas Department of Licensing and Regulation;                   (4)     the Office of Court Administration of the Texas   Judicial System;                   (5)  the Texas Department of Criminal Justice;                 (6)  the Texas Juvenile Justice Department;                 (7)  the Texas Alcoholic Beverage Commission;  and                 (8)  [ (2) ]  the Department of Public Safety.          (b)  An entity to which this section [ article ] applies that   investigates or collects data regarding  the alleged commission of   an offense under Chapter 20A, Penal Code, or the alleged commission   of an offense under Chapter 21, 22, or  43, Penal Code, that may   involve human trafficking, shall submit to the attorney general [ a   report ] in the manner and form prescribed by the attorney general a   report containing the following information:                (1)  the offense being investigated or for which data   is being collected , including the offense code designated by the   Department of Public Safety under Article 66.052, Code of Criminal   Procedure  [ a brief description of the alleged prohibited conduct ];                (2)  regarding each person suspected of committing the   offense [ and each victim of the offense, as applicable ]:                      (A)  the person's:                            (i)   full name [ age ];                            (ii)  gender; [ and ]                            (iii)  race or ethnicity, as defined by   Article 2B.0051 , Code of Criminal Procedure ;                             (iv)     country of origin, if the person is not   a United States citizen or legal permanent resident;                             (v)  date of birth; and                             (vi)     age at the time of the offense, if   available; and                      (B)  the case number associated with the person   and the offense [ and with the person suspected of committing the   offense ];                (3)  the date[ , time, ] and location of the alleged   offense , including the city and county ;                (4)  [ the type of human trafficking involved,   including:                      [ (A)     forced labor or services, as defined by   Section 20A.01, Penal Code;                      [ (B)     causing the victim by force, fraud, or   coercion to engage in prohibited conduct involving one or more   sexual activities, including conduct described by Section   20A.02(a)(3), Penal Code; or                      [ (C)     causing a child victim by any means to   engage in, or become the victim of, prohibited conduct involving   one or more sexual activities, including conduct described by   Section 20A.02(a)(7), Penal Code;                [ (5)     if available, information regarding any victims'   service organization or program to which the [Text truncated for display. 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