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.

89(R) HB 1778 - Enrolled version - Bill Text

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 victim was referred as

part of the investigation; and

[
(6)
] the disposition of the investigation, if any,

regardless of the manner of disposition
; and

(5) regarding the victim of the offense:

(A) the victim's:

(i)

age at the time of the offense, if

available;

(ii) gender;

(iii)

race or ethnicity, as defined by

Article 2B.0051, Code of Criminal Procedure; and

(iv)

country of origin, if the victim is not

a United States citizen or legal permanent resident; and

(B)

if available, information regarding any

victims' service organization or program to which the victim was

referred as part of the investigation
.

(c)
An entity described by Subsection (a) that does not have

any investigations or offenses required to be reported under this

section during a reporting period described by Subsection (c-1)

shall submit to the attorney general a notice stating there are no

cases to report, in the manner and form prescribed by the attorney

general
[
An attorney representing the state who prosecutes the

alleged commission of an offense under Chapter 20A, Penal Code, or

the alleged commission of an offense under Chapter 43, Penal Code,

that may involve human trafficking, shall submit to the attorney

general the following information:

[
(1)

the offense being prosecuted, including a brief

description of the alleged prohibited conduct;

[
(2)

any other charged offense that is part of the same

criminal episode out of which the offense described by Subdivision

(1) arose;

[
(3)

the information described by Subsections (b)(2),

(3), (4), and (5); and

[
(4)

the disposition of the prosecution, regardless of

the manner of disposition
].

(c-1)

An entity described by Subsection (a) shall submit a

report under this section at least once every six months.

(d) The attorney general may enter into a contract with a

university
or organization to assist with
[
that provides for the

university's assistance in
] the collection and analysis of

information received under this
section
[
article
].
The attorney

general shall ensure that all sensitive information is properly

protected.

(e)
Information described by Subsections (b)(2)(A)(i) and

(v) and (b)(2)(B) is confidential and not subject to disclosure

under Chapter 552.

(f)
In consultation with the entities described by

Subsection (a), the attorney general shall adopt rules to

administer this
section
[
article
], including rules prescribing:

(1) the form and manner of submission of a report
or

notice
required by Subsection (b) or (c); and

(2) additional information to include in a report
or

notice
required by Subsection (b) or (c).

(g)

An entity, other than an entity described by Subsection

(a), that has information relating to the alleged commission of an

offense under Chapter 20A, Penal Code, or an offense under Chapter

21, 22, or 43, Penal Code, that may involve human trafficking, may

submit the information to the office of the attorney general.

SECTION 1.07. Subchapter B, Chapter 402, Government Code,

is amended by adding Section 402.0353 to read as follows:

Sec.

402.0353.

STATEWIDE HUMAN TRAFFICKING DATA

REPOSITORY; ANNUAL REPORT.

(a)

The office of the attorney general

shall establish a statewide human trafficking data repository to

collect, organize, and analyze human trafficking information

reported to the office under Section 402.0352 in a manner that

enables the office, in collaboration with the human trafficking

prevention coordinating council established under Section 402.034,

to:

(1)

evaluate the efficacy of state-funded initiatives

that aim to reduce the occurrence of human trafficking in this

state;

(2)

make recommendations to appropriate local law

enforcement agencies, state agencies, and other entities regarding

the implementation of rules, regulations, or policies which may

better allow each entity to:

(A) combat human trafficking;

(B)

apprehend and prosecute persons suspected of

committing criminal offenses involving human trafficking; and

(C)

provide necessary services to victims of

human trafficking; and

(3)

make recommendations to improve the efficacy of

the human trafficking prevention task force under Section 402.035.

(b)

Information stored in the data repository established

under this section may not contain personal identifying information

relating to:

(1)

a person suspected of committing an offense

involving human trafficking;

(2)

a suspected or known victim of human trafficking;

or

(3)

any other individual identified in the information

shared with the office of the attorney general under Section

402.0352.

(c)

For purposes of establishing and maintaining the data

repository established under this section, the attorney general may

contract with a third party that has experience working with human

trafficking data and is:

(1)

a public or private institution of higher

education; or

(2) a nonprofit organization.

(d)

The attorney general shall submit the attorney

general's findings and recommendations based on the information

collected, organized, and analyzed using the data repository

established under this section to the human trafficking prevention

task force for inclusion in the report required under Section

402.035(g).

SECTION 1.08. Chapter 146, Health and Safety Code, is

amended by adding Section 146.0075 to read as follows:

Sec.

146.0075.

REQUIRED HUMAN TRAFFICKING TRAINING. (a)

Each employee of a tattoo studio or body piercing studio within the

time prescribed by rules adopted by the executive commissioner

shall complete a training course approved by the executive

commissioner on identifying and assisting victims of human

trafficking.

(b)

The executive commissioner shall approve training

courses on human trafficking prevention, including at least one

course that is available without charge. The department shall post

the list of the approved training courses on the department's

Internet website.

(c)

A tattoo studio or body piercing studio shall post signs

relating to human trafficking as required by Section 402.0351,

Government Code.

SECTION 1.09. Subchapter G, Chapter 1603, Occupations Code,

is amended by adding Section 1603.302 to read as follows:

Sec.

1603.302.

CONTINUING EDUCATION REGARDING HUMAN

TRAFFICKING. The commission shall adopt rules requiring a license

holder to complete continuing education on identifying and

assisting victims of human trafficking.

SECTION 1.10. Section 20A.02(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person knowingly:

(1) traffics another person with the intent that the

trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture

that involves an activity described by Subdivision (1), including

by receiving labor or services the person knows are forced labor or

services;

(3) traffics another person and, through force, fraud,

or coercion, causes the trafficked person to engage in conduct

prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

(B-1) Section 43.031 (Online Promotion of

Prostitution);

(C) Section 43.04 (Aggravated Promotion of

Prostitution);

(C-1) Section 43.041 (Aggravated Online

Promotion of Prostitution); or

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture

that involves an activity described by Subdivision (3) or engages

in sexual conduct with a person trafficked in the manner described

in Subdivision (3);

(5) traffics a child or disabled individual with the

intent that the trafficked child or disabled individual engage in

forced labor or services
, regardless of whether the person knows

the age of the child or whether the person knows the victim is

disabled
;

(6) receives a benefit from participating in a venture

that involves an activity described by Subdivision (5), including

by receiving labor or services the person knows are forced labor or

services
, regardless of whether the person knows the age of the

child or whether the person knows the victim is disabled
;

(7) traffics a child or disabled individual
,

regardless of whether the person knows the age of the child or

whether the person knows the victim is disabled,
and by any means

causes the trafficked child or disabled individual to engage in, or

become the victim of, conduct prohibited by:

(A) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

(B) Section 21.11 (Indecency with a Child);

(C) Section 22.011 (Sexual Assault);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

(E-1) Section 43.021 (Solicitation of

Prostitution);

(F) Section 43.03 (Promotion of Prostitution);

(F-1) Section 43.031 (Online Promotion of

Prostitution);

(G) Section 43.04 (Aggravated Promotion of

Prostitution);

(G-1) Section 43.041 (Aggravated Online

Promotion of Prostitution);

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a

Child);

(J) Section 43.251 (Employment Harmful to

Children); or

(K) Section 43.26 (Possession or Promotion of

Child Pornography); or

(8) receives a benefit from participating in a venture

that involves an activity described by Subdivision (7) or engages

in sexual conduct with a child or disabled individual trafficked in

the manner described in Subdivision (7)
, regardless of whether the

person knows the age of the child or whether the person knows the

victim is disabled
.

SECTION 1.11. Section 20A.02(b), Penal Code, as amended by

Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b) Except as otherwise provided by this subsection and

Subsection (b-1), an offense under this section is a felony of the

second degree. An offense under this section is a felony of the

first degree if:

(1) the applicable conduct constitutes an offense

under Subsection (a)(5), (6), (7), or (8)[
, regardless of whether

the actor knows the age of the child or whether the actor knows the

victim is disabled at the time of the offense
];

(2) the commission of the offense results in serious

bodily injury to or the death of the person who is trafficked; [
or
]

(3) the commission of the offense results in the death

of an unborn child of the person who is trafficked; or

(4) the actor:

(A) used or exhibited a deadly weapon during the

commission of the offense;
or

(B) intentionally, knowingly, or recklessly

impeded the normal breathing or circulation of the blood of the

trafficked person by applying pressure to the person's throat or

neck or by blocking the person's nose or mouth.

SECTION 1.12. Section 20A.02(b-1), Penal Code, as amended

by Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b-1) An offense under this section is a felony of the first

degree punishable by imprisonment in the Texas Department of

Criminal Justice for life or for a term of not more than 99 years or

less than 25 years if it is shown on the trial of the offense that

the actor committed
any part of
the offense [
in a location that

was
]:

(1) on the premises of or within 1,000 feet of the

premises of:

(A) a school
or a school bus stop or other area

designated by a school as a pick-up or drop-off zone for students
;

[
or
]

(B) an institution of higher education or private

or independent institution of higher education, as defined by

Section 61.003, Education Code;

(C)
[
(B)
] a juvenile detention facility;

(D)
[
(C)
] a post-adjudication secure

correctional facility;

(E)
[
(D)
] a shelter or facility operating as a

residential treatment center that serves runaway youth, foster

children, people who are homeless, or persons subjected to human

trafficking, domestic violence, or sexual assault;

(F)
[
(E)
] a community center offering youth

services and programs; or

(G)
[
(F)
] a child-care facility, as defined by

Section 42.002, Human Resources Code; [
or
]

(2) on
the
premises
where
or within 1,000 feet of
the

premises where:

(A) an official school function was taking place;

or

(B) an event sponsored or sanctioned by the

University Interscholastic League was taking place
; or

(3)

in a school bus or other passenger transportation

vehicle of a school
.

SECTION 1.13. Section 4.01, Chapter 93 (S.B. 1527), Acts of

the 88th Legislature, Regular Session, 2023, which amended Article

2.305, Code of Criminal Procedure, is repealed.

SECTION 1.14. Notwithstanding Article 2A.205, Code of

Criminal Procedure, as transferred, redesignated, and amended by

this article, an entity that was not required to report under

Article 2A.205, Code of Criminal Procedure, as it existed

immediately before the effective date of this Act, is not required

to submit the initial report required by Article 2A.205, Code of

Criminal Procedure, before July 1, 2026.

SECTION 1.15. Notwithstanding Section 402.035(g),

Government Code, as amended by this article, the human trafficking

prevention task force is not required to include in the task force's

report the addendum required by that subsection before July 1,

2027.

SECTION 1.16. The changes in law made by this article to

Chapter 20A, Penal Code, apply only to an offense committed on or

after September 1, 2025. An offense committed before September 1,

2025, is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before September 1, 2025, if any element of the offense occurred

before that date.

SECTION 1.17. As soon as practicable after September 1,

2025, the Office of Court Administration of the Texas Judicial

System shall appoint a representative as required by Section

402.034(c), Government Code, as amended by this article.

SECTION 1.18. As soon as practicable after September 1,

2025:

(1) the executive commissioner of the Health and Human

Services Commission shall:

(A) approve human trafficking prevention

training courses as provided by Section 146.0075(b), Health and

Safety Code, as added by this article; and

(B) adopt rules necessary to implement Section

146.0075, Health and Safety Code, as added by this article; and

(2) the Department of State Health Services shall post

on its Internet website the list of human trafficking prevention

courses approved by the executive commissioner of the Health and

Human Services Commission under Section 146.0075(b), Health and

Safety Code, as added by this article.

SECTION 1.19. As soon as practicable after September 1,

2025, the Texas Commission of Licensing and Regulation shall adopt

the rules required by Section 1603.302, Occupations Code, as added

by this article.

SECTION 1.20. An employee of a tattoo studio or body

piercing studio is not required to complete a training course as

required by Section 146.0075(a), Health and Safety Code, as added

by this article, before January 1, 2026.

SECTION 1.21. To the extent of any conflict, this article

prevails over another Act of the 89th Legislature, Regular Session,

2025, relating to nonsubstantive additions to and corrections in

enacted codes.

ARTICLE 2. PROSTITUTION

SECTION 2.01. Section 43.021(b), Penal Code, is amended to

read as follows:

(b) An offense under Subsection (a) is a state jail felony,

except that the offense is:

(1) a felony of the third degree if the actor has

previously been convicted of an offense under Subsection (a) or

under Section 43.02(b), as that law existed before September 1,

2021; or

(2) a felony of the second degree if the person
with

respect
to whom the actor offers or agrees to
engage
[
pay the fee

for the purpose of engaging
] in sexual conduct is:

(A) younger than 18 years of age, regardless of

whether the actor knows the age of the person at the time of the

offense;

(B) represented to the actor as being younger

than 18 years of age; or

(C) believed by the actor to be younger than 18

years of age.

SECTION 2.02. Subchapter A, Chapter 43, Penal Code, is

amended by adding Section 43.032 to read as follows:

Sec.

43.032.

CONTINUOUS PROMOTION OF PROSTITUTION. (a)

A

person commits an offense if, during a period that is 30 or more

days in duration, the person engages two or more times in conduct

that constitutes an offense under Section 43.03.

(b)

If a jury is the trier of fact, members of the jury are

not required to agree unanimously on which specific conduct engaged

in by the defendant constituted an offense under Section 43.03 or on

which exact date the defendant engaged in that conduct.

The jury

must agree unanimously that the defendant, during a period that is

30 or more days in duration, engaged two or more times in conduct

that constituted an offense under Section 43.03.

(c)

If the victim of an offense under Subsection (a) is the

same victim as a victim of an offense under Section 43.03, a

defendant may not be convicted of the offense under Section 43.03 in

the same criminal action as the offense under Subsection (a),

unless the offense under Section 43.03:

(1) is charged in the alternative;

(2)

occurred outside the period in which the offense

alleged under Subsection (a) was committed; or

(3)

is considered by the trier of fact to be a lesser

included offense of the offense alleged under Subsection (a).

(d)

A defendant may not be charged with more than one count

under Subsection (a) if all of the conduct that constitutes an

offense under Section 43.03 is alleged to have been committed

against the same victim.

(e)

An offense under this section is a felony of the first

degree.

SECTION 2.03. Article 17.081, Code of Criminal Procedure,

is amended to read as follows:

Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY

CERTAIN DEFENDANTS. In addition to the requirements of Article

17.08, a bail bond for a defendant charged with an offense under

Section 20A.02, 20A.03, 43.02, 43.03, 43.031,
43.032,
43.04,

43.041, or 43.05, Penal Code, must include the address,

identification number, and state of issuance as shown on a valid

driver's license or identification card for the defendant and any

surety, including any agent executing the bail bond on behalf of a

corporation acting as surety.

SECTION 2.04. Article 17.465(b), Code of Criminal

Procedure, is amended to read as follows:

(b) A magistrate shall require as a condition of release on

bond that a defendant charged with an offense under Section 20A.02,

20A.03, 43.03, 43.031,
43.032,
43.04, 43.041, or 43.05, Penal Code,

committed against a person 18 years of age or older may not:

(1) communicate directly or indirectly with the

victim; or

(2) go to or near:

(A) the residence, place of employment, or

business of the victim; or

(B) if applicable, a school, day-care facility,

or similar facility where a dependent child of the victim is in

attendance.

SECTION 2.05. Article 42A.054(e), Code of Criminal

Procedure, is amended to read as follows:

(e) Notwithstanding Subsection (a), with respect to an

offense committed by a defendant under Section 43.04 or 43.05,

Penal Code, a judge may place the defendant on community

supervision as permitted by Article 42A.053 if the judge makes a

finding that the defendant committed the offense solely as a victim

of an offense under Section 20A.02, 20A.03, 43.03,
43.032,
43.04,

or 43.05, Penal Code.

SECTION 2.06. Article 56B.003(13), Code of Criminal

Procedure, is amended to read as follows:

(13) "Trafficking of persons" means any offense that

results in a person engaging in forced labor or services, including

sexual conduct, and that may be prosecuted under Section 20A.02,

20A.03, 43.03, 43.031,
43.032,
43.04, 43.041, 43.05, 43.25, 43.251,

or 43.26, Penal Code.

SECTION 2.07. Article 58.051(11), Code of Criminal

Procedure, is amended to read as follows:

(11) "Trafficking of persons" means any conduct that:

(A) constitutes an offense under Section 20A.02,

20A.03, 43.03, 43.031,
43.032,
43.04, 43.041, 43.05, 43.25, 43.251,

or 43.26, Penal Code; and

(B) results in a person:

(i) engaging in forced labor or services;

or

(ii) otherwise becoming a victim of the

offense.

SECTION 2.08. Section 169.002(b), Health and Safety Code,

is amended to read as follows:

(b) A defendant is eligible to participate in a first

offender solicitation of prostitution prevention program

established under this chapter only if:

(1) the attorney representing the state consents to

the defendant's participation in the program; and

(2) the court in which the criminal case is pending

finds that the defendant has not been previously convicted of:

(A) an offense under Section 20A.02, 43.02(b), as

that law existed before September 1, 2021, 43.021, 43.03, 43.031,

43.032,
43.04, 43.041, or 43.05, Penal Code;

(B) an offense listed in Article 42A.054(a), Code

of Criminal Procedure; or

(C) an offense punishable as a felony under

Chapter 481.

SECTION 2.09. Section 455.005(c), Occupations Code, is

amended to read as follows:

(c) A political subdivision may not adopt a regulation of

the type described by Subsection (b) that is more restrictive for

massage establishments than for other health care establishments,

except that a more restrictive regulation of the type described by

Subsection (b) may be adopted:

(1) as provided by Chapter 243, Local Government Code;

or

(2) if the regulation relates to the location,

ownership, hours of operation, or operation of a massage

establishment:

(A) where three or more arrests have occurred or

citations in lieu of arrest have been issued for an offense under

Section 43.02, 43.021, 43.03,
43.032,
43.04, 43.05, or 71.02, Penal

Code, that was committed at the massage establishment;

(B) where an offense under Chapter 20A, or

Section 34.02, 43.02, 43.021, 43.03,
43.032,
43.04, 43.05, or

71.02, Penal Code, was committed that resulted in a conviction;

(C) that is operating at a location where another

massage establishment against which a sanction was imposed for a

violation of this chapter previously operated; or

(D) that is operating at a location where another

massage establishment owned or operated by an individual against

whom a sanction was imposed for a violation of this chapter

previously operated.

SECTION 2.10. Section 455.152, Occupations Code, as amended

by Chapters 13 (S.B. 483) and 440 (H.B. 2016), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not

eligible for a license as a massage establishment, massage school,

massage therapist, or massage therapy instructor if the person is

an individual and has been convicted of, entered a plea of nolo

contendere or guilty to, or received deferred adjudication for:

(1) an offense under Chapter 20A,
Penal Code
[
Section

22.011 or 22.021 Penal Code
], or Section 43.021, 43.03, 43.031,

43.032,
43.04, 43.041, or 43.05, Penal Code; [
or
]

(2) an offense under federal law or the laws of another

state containing elements that are substantially similar to the

elements of an offense described by Subdivision (1)
; or

(3)

an offense under Section 22.011 or 22.021, Penal

Code
.

SECTION 2.11. Section 455.251(b), Occupations Code, is

amended to read as follows:

(b) The commission or executive director shall revoke the

license of a person licensed as a massage therapist or massage

therapy instructor if:

(1) the person is convicted of, enters a plea of nolo

contendere or guilty to, or receives deferred adjudication for:

(A) an offense under Chapter 20A, Penal Code, or

Section 43.021, 43.03, 43.031,
43.032,
43.04, 43.041, or 43.05,

Penal Code; or

(B) an offense under federal law or the laws of

another state containing elements that are substantially similar to

the elements of an offense described by Paragraph (A); or

(2) the commission or executive director determines

the person has practiced or administered massage therapy at or for a

sexually oriented business.

SECTION 2.12. The change in law made by this article to

Section 43.021(b), Penal Code, applies only to an offense committed

on or after September 1, 2025. An offense committed before

September 1, 2025, is governed by the law in effect on the date the

offense was committed, and the former law is continued in effect for

that purpose. For purposes of this section, an offense was

committed before September 1, 2025, if any element of the offense

occurred before that date.

ARTICLE 3. CHILD PORNOGRAPHY

SECTION 3.01. Section 43.26(d), Penal Code, as amended by

Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(d) An offense under Subsection (a) is:

(1) a felony of the third degree if the person

possesses visual material that contains fewer than
10
[
100
] visual

depictions of a child as described by Subsection (a)(1);

(2) a felony of the second degree if the person

possesses visual material that contains
10
[
100
] or more visual

depictions of a child as described by Subsection (a)(1) but fewer

than
50
[
500
] such depictions;

(3) a felony of the first degree if the person
:

(A)
possesses visual material that contains
50

[
500
] or more visual depictions of a child as described by

Subsection (a)(1); or

(B)

possesses visual material of conduct

constituting an offense under Section 22.011(a)(2); or

(4) a felony of the first degree punishable by

imprisonment in the Texas Department of Criminal Justice for life

or for any term of not more than 99 years or less than 25 years if it

is shown on the trial of the offense that, at the time of the

offense, the person was:

(A) an employee at a child-care facility or a

residential child-care facility, as those terms are defined by

Section 42.002, Human Resources Code;

(B) an employee at a residential treatment

facility established under Section 221.056, Human Resources Code;

(C) an employee at a shelter or facility that

serves youth and that receives state funds; or

(D) receiving state funds for the care of a child

depicted by the visual material.

SECTION 3.02. Section 43.26(g), Penal Code, is amended to

read as follows:

(g) An offense under Subsection (e) is a felony of the
first

[
second
] degree, except that the offense is a felony of the first

degree
with a minimum term of confinement of 15 years
if
:

(1)

the person promotes or possesses with intent to

promote:

(A)

visual material that contains 50 or more

visual depictions of a child as described by Subsection (a)(1); or

(B)

visual material of conduct constituting an

offense under Section 22.011(a)(2); and

(2)
it is shown on the trial of the offense that the

person has been previously convicted of an offense under
this

section
[
that subsection
].

SECTION 3.03. The following provisions of the Penal Code

are repealed:

(1) Section 43.26(d-1), as added by Chapter 93 (S.B.

1527), Acts of the 88th Legislature, Regular Session, 2023; and

(2) Section 43.26(d-2).

SECTION 3.04. The changes in law made by this article to

Section 43.26, Penal Code, apply only to an offense committed on or

after September 1, 2025. An offense committed before September 1,

2025, is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before September 1, 2025, if any element of the offense was

committed before that date.

ARTICLE 4. PROSECUTION OF SEXUAL OR ASSAULTIVE OFFENSES OR

PROSECUTION OF FAILURE TO STOP OR REPORT THOSE OFFENSES

SECTION 4.01. Article 12.01, Code of Criminal Procedure, as

amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),

422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),

709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),

and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,

2023, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Articles

12.015 and 12.03, felony indictments may be presented within these

limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2),

Penal Code, or aggravated sexual assault under Section

22.021(a)(1)(B), Penal Code;

(C) sexual assault, if:

(i) during the investigation of the offense

biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

testing and the testing results show that the matter does not match

the victim or any other person whose identity is readily

ascertained; or

(ii) probable cause exists to believe that

the defendant has committed the same or a similar sex offense

against five or more victims;

(D) continuous sexual abuse of young child or

disabled individual under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11,

Penal Code;

(F) an offense involving leaving the scene of a

collision under Section 550.021, Transportation Code, if the

collision resulted in the death of a person;

(G) trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code;

(H) continuous trafficking of persons under

Section 20A.03, Penal Code;

(I) compelling prostitution under Section

43.05(a)(2) or (3), Penal Code; [
or
]

(J) tampering with physical evidence under

Section 37.09(a)(1) or (d)(1), Penal Code, if:

(i) the evidence tampered with is a human

corpse, as defined by that section; or

(ii) the investigation of the offense shows

that a reasonable person in the position of the defendant at the

time of the commission of the offense would have cause to believe

that the evidence tampered with is related to a criminal homicide

under Chapter 19, Penal Code;

(K)
[
(J)
] interference with child custody under

Section 25.03(a)(3), Penal Code;

(L)
[
(J)
] burglary under Section 30.02, Penal

Code, if:

(i) the offense is punishable under

Subsection (d) of that section because the defendant entered a

habitation with the intent to commit an offense under Section

22.011 or 22.021, Penal Code; and

(ii) during the investigation of the

offense biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

testing and the testing results show that the matter does not match

the victim or any other person whose identity is readily

ascertained;

(M)

failure to stop or report sexual or

assaultive offense against child under Section 38.17, Penal Code;

or

(N)

continuous promotion of prostitution under

Section 43.032, Penal Code;

(2) ten years from the date of the commission of the

offense:

(A) theft of any estate, real, personal or mixed,

by an executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government

property over which the public servant exercises control in the

public servant's official capacity;

(C) forgery or the uttering, using, or passing of

forged instruments;

(D) injury to an elderly or disabled individual

punishable as a felony of the first degree under Section 22.04,

Penal Code;

(E) sexual assault, except as provided by

Subdivision (1) or
(9)
[
(8)
];

(F) arson;

(G) trafficking of persons under Section

20A.02(a)(1), (2), (3), or (4), Penal Code; or

(H) compelling prostitution under Section

43.05(a)(1), Penal Code;

(3) seven years from the date of the commission of the

offense:

(A) misapplication of fiduciary property or

property of a financial institution;

(B) fraudulent securing of document execution;

(C) a felony violation under Chapter 162, Tax

Code;

(D) false statement to obtain property or credit

under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section

32.31, Penal Code;

(G) fraudulent use or possession of identifying

information under Section 32.51, Penal Code;

(H) exploitation of a child, elderly individual,

or disabled individual under Section 32.53, Penal Code;

(I) health care fraud under Section 35A.02, Penal

Code;

(J) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (7); or

(K) possession or promotion of child pornography

under Section 43.26, Penal Code;

(4) five years from the date of the commission of the

offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5),

kidnapping;

(C)
[
(B-1)
] except as provided by Subdivision

(1) or (5), burglary;

(D)
[
(C)
] injury to an elderly or disabled

individual that is not punishable as a felony of the first degree

under Section 22.04, Penal Code;

(E)
[
(D)
] abandoning or endangering
an
[
a

child,
] elderly [
individual,
] or disabled individual;

(F)
[
(E)
] insurance fraud;

(G)
[
(F)
] assault under Section 22.01, Penal

Code, if the assault was committed against a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code;

(H)
[
(G)
] continuous violence against the family

under Section 25.11, Penal Code; or

(I)
[
(H)
] aggravated assault under Section

22.02, Penal Code;

(5) if the investigation of the offense shows that the

victim is younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one of

the following offenses:

(A) kidnapping under Section 20.03, Penal Code,

or aggravated kidnapping under Section 20.04, Penal Code; or

(B) subject to Subdivision
(1)(L)
[
(1)(J)
],

burglary under Section 30.02, Penal Code, if the offense is

punishable under Subsection (d) of that section because the

defendant entered a habitation with the intent to commit an offense

described by Subdivision (1)(B) or (D) of this article or Paragraph

(A) of this subdivision;

(6) 20 years from the 18th birthday of the victim of

one of the following offenses:

(A) trafficking of
a child
[
persons
] under

Section 20A.02(a)(5) or (6), Penal Code; or

(B) sexual performance by a child under Section

43.25, Penal Code;

(7) ten years from the 18th birthday of the victim of

the offense:

(A) injury to a child under Section 22.04, Penal

Code;

(B) bigamy under Section 25.01, Penal Code, if

the investigation of the offense shows that the person, other than

the legal spouse of the defendant, whom the defendant marries or

purports to marry or with whom the defendant lives under the

appearance of being married is younger than 18 years of age at the

time the offense is committed; or

(C)
[
(D)
] abandoning or endangering a child;

(8)
[
(7)
] ten years from the date the offense was

discovered: trafficking of a disabled individual under Section

20A.02(a)(5) or (6), Penal Code;

(9)
[
(8)
] two years from the date the offense was

discovered: sexual assault punishable as a state jail felony under

Section 22.011(f)(2), Penal Code; or

(10)
[
(9)
] three years from the date of the commission

of the offense: all other felonies.

SECTION 4.02. Section 2(a), Article 38.072, Code of

Criminal Procedure, as amended by Chapters 284 (S.B. 643) and 710

(H.B. 2846), Acts of the 81st Legislature, Regular Session, 2009,

is reenacted and amended to read as follows:

(a) This article applies only to statements that:

(1) describe:

(A) the alleged offense; or

(B) if the statement is offered during the

punishment phase of the proceeding, a crime, wrong, or act other

than the alleged offense that is:

(i) described by Section 1;

(ii) allegedly committed by the defendant

against the child
or person with a disability
who is the victim of

the offense or
against
another
person who is a
child younger than
18

[
14
] years of age
or a person with a disability
; and

(iii) otherwise admissible as evidence

under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or

another law or rule of evidence of this state;

(2) were made by the child
or person with a disability

against whom the charged offense or extraneous crime, wrong, or act

was allegedly committed; and

(3) were made to the first person, 18 years of age or

older, other than the defendant, to whom the child
or person with a

disability
made a statement about the offense or extraneous crime,

wrong, or act.

SECTION 4.03. Section 2, Article 38.072, Code of Criminal

Procedure, is amended by adding Subsection (a-1) to read as

follows:

(a-1)

The trial court shall admit more than one statement

under this article at a proceeding if each statement:

(1) meets the requirements of Subsection (a); and

(2) describes different conduct by the defendant.

SECTION 4.04. Section 3, Article 38.072, Code of Criminal

Procedure, is amended to read as follows:

Sec. 3. In this article, "person with a disability"
has the

same meaning as "disabled individual" as defined by Section 22.04,

Penal Code
[
means a person 13 years of age or older who because of

age or physical or mental disease, disability, or injury is

substantially unable to protect the person's self from harm or to

provide food, shelter, or medical care for the person's self
].

SECTION 4.05. Section 1, Article 38.37, Code of Criminal

Procedure, is amended to read as follows:

Sec. 1. (a) Subsection (b) applies to a proceeding in the

prosecution of a defendant for an offense, or an attempt or

conspiracy to commit an offense, under the following provisions of

the Penal Code:

(1)
Section 21.02 (Continuous Sexual Abuse of Young

Child or Disabled Individual);

(2) Section 21.11 (Indecency with a Child);

(3) Section 21.15 (Invasive Visual Recording);

(4)

Section 21.16 (Unlawful Disclosure or Promotion of

Intimate Visual Material);

(5)

Section 21.165 (Unlawful Production or

Distribution of Certain Sexually Explicit Videos);

(6) Section 21.18 (Sexual Coercion);

(7)

Section 21.19 (Unlawful Electronic Transmission

of Sexually Explicit Visual Material);

(8)
[
if committed against a child under 17 years of

age:

[
(A) Chapter 21 (Sexual Offenses);

[
(B) Chapter 22 (Assaultive Offenses); or

[
(C)
] Section 25.02 (Prohibited Sexual Conduct);

[
or

[
(2)

if committed against a person younger than 18

years of age:
]

(9)
[
(A)
] Section 43.25 (Sexual Performance by a

Child);

(10)
[
(B)
] Section
20A.02
[
20A.02(a)(5), (6), (7), or

(8)
] (Trafficking of Persons);

(11)
[
(C)
] Section 20A.03 (Continuous Trafficking of

Persons)[
, if based partly or wholly on conduct that constitutes an

offense under Section 20A.02(a)(5), (6), (7), or (8)
]; [
or
]

(12)
[
(D)
] Section
43.05
[
43.05(a)(2)
] (Compelling

Prostitution)
; or

(13)

if committed against a child younger than 18

years of age:

(A) Chapter 21 (Sexual Offenses); or

(B) Chapter 22 (Assaultive Offenses)
.

(b) Notwithstanding Rules 404 and 405, Texas Rules of

Evidence, evidence of other crimes, wrongs, or acts committed by

the defendant against the [
child who is the
] victim of the alleged

offense shall be admitted for its bearing on relevant matters,

including:

(1) the state of mind of the defendant and the
victim

[
child
]; and

(2) the previous and subsequent relationship between

the defendant and the
victim
[
child
].

(c)

If a court admits evidence under this section and on

request by either party, the court shall provide to the jury a

limiting instruction regarding the purposes for which the evidence

may be used. The court shall provide the limiting instruction:

(1) orally at the time the evidence is admitted; and

(2)

in writing on conclusion of the presentation of

evidence in the case, at the time written instructions are provided

to the jury.

SECTION 4.06. Section 38.17, Penal Code, is amended to read

as follows:

Sec. 38.17. FAILURE TO STOP OR REPORT [
AGGRAVATED
] SEXUAL

OR ASSAULTIVE OFFENSE AGAINST
[
ASSAULT OF
] CHILD. (a) A person[
,

other than a person who has a relationship with a child described by

Section 22.04(b),
] commits an offense if:

(1) the actor observes the commission or attempted

commission of an offense [
prohibited by Section 21.02 or

22.021(a)(2)(B)
] under circumstances in which a reasonable person

would believe that an offense of a sexual or assaultive nature was

being committed or was about to be committed against
a
[
the
] child;

(2) the actor fails to assist the child or immediately

report the commission of the offense to a peace officer or law

enforcement agency; and

(3) the actor could assist the child or immediately

report the commission of the offense without placing the actor in

danger of suffering serious bodily injury or death.

(b) An offense under this section is a
felony of the third

degree
[
Class A misdemeanor
].

(c)

If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

SECTION 4.07. The change in law made by this article to

Article 12.01, Code of Criminal Procedure, does not apply to the

prosecution of an offense under Section 38.17, Penal Code, if the

prosecution of that offense becomes barred by limitation before

September 1, 2025. The prosecution of that offense remains barred

as if this article had not taken effect.

SECTION 4.08. The changes in law made by this article to

Chapter 38, Code of Criminal Procedure, apply to a criminal

proceeding that commences on or after September 1, 2025. A criminal

proceeding that commences before September 1, 2025, is governed by

the law in effect on the date the proceeding commenced, and the

former law is continued in effect for that purpose.

SECTION 4.09. The change in law made by this article to

Section 38.17, Penal Code, applies only to an offense committed on

or after September 1, 2025. An offense committed before September

1, 2025, is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before September 1, 2025, if any element of the offense occurred

before that date.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1778 was passed by the House on May 6,

2025, by the following vote: Yeas 148, Nays 1, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1778 was passed by the Senate on May

16, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor