Relating to sexual assault and other sex offenses.

89(R) HB 47 - Enrolled version - Bill Text

H.B. No. 47

AN ACT

relating to sexual assault and other sex offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 29.14(a), Code of Criminal Procedure, is

amended to read as follows:

(a) In this article, "victim" means
a
[
the
] victim of [
an

assault or
] sexual assault
or a victim of assault
who is younger

than 17 years of age or whose case involves family violence as

defined by Section 71.004, Family Code.

SECTION 2. Article 56A.051(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

criminal justice system:

(1) the right to receive from a law enforcement agency

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

(2) the right to have the magistrate consider the

safety of the victim or the victim's family in setting the amount of

bail for the defendant;

(3) if requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by the attorney representing the state of

relevant court proceedings, including appellate proceedings, and

to be informed if those proceedings have been canceled or

rescheduled before the event; and

(B) by an appellate court of the court's

decisions, after the decisions are entered but before the decisions

are made public;

(4) when requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by a peace officer concerning the defendant's

right to bail and the procedures in criminal investigations; and

(B) by the office of the attorney representing

the state concerning the general procedures in the criminal justice

system, including general procedures in guilty plea negotiations

and arrangements, restitution, and the appeals and parole process;

(5) the right to provide pertinent information to a

community supervision and corrections department conducting a

presentencing investigation concerning the impact of the offense on

the victim and the victim's family by testimony, written statement,

or any other manner before any sentencing of the defendant;

(6) the right to receive information, in the manner

provided by Article 56A.0525:

(A) regarding compensation to victims of crime as

provided by Chapter 56B, including information related to the costs

that may be compensated under that chapter and the amount of

compensation, eligibility for compensation, and procedures for

application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G for a forensic medical examination

and for any prescribed continuing medical care that is related to

the sexual assault and provided to the victim during the 30-day

period following that examination, as provided by Subchapter G
; and

(C) when requested, providing a referral to

available social service agencies that may offer additional

assistance;

(7) the right to:

(A) be informed, on request, and in the manner

provided by Article 56A.0525, of parole procedures;

(B) participate in the parole process;

(C) provide to the board for inclusion in the

defendant's file information to be considered by the board before

the parole of any defendant convicted of any offense subject to this

chapter; and

(D) be notified in the manner provided by Article

56A.0525, if requested, of parole proceedings concerning a

defendant in the victim's case and of the defendant's release;

(8) the right to be provided with a waiting area,

separate or secure from other witnesses, including the defendant

and relatives of the defendant, before testifying in any proceeding

concerning the defendant; if a separate waiting area is not

available, other safeguards should be taken to minimize the

victim's contact with the defendant and the defendant's relatives

and witnesses, before and during court proceedings;

(9) the right to the prompt return of any of the

victim's property that is held by a law enforcement agency or the

attorney representing the state as evidence when the property is no

longer required for that purpose;

(10) the right to have the attorney representing the

state notify the victim's employer, if requested, that the victim's

cooperation and testimony is necessary in a proceeding that may

require the victim to be absent from work for good cause;

(11) the right to request victim-offender mediation

coordinated by the victim services division of the department;

(12) the right to be informed, in the manner provided

by Article 56A.0525, of the uses of a victim impact statement and

the statement's purpose in the criminal justice system as described

by Subchapter D, to complete the victim impact statement, and to

have the victim impact statement considered:

(A) by the attorney representing the state and

the judge before sentencing or before a plea bargain agreement is

accepted; and

(B) by the board before a defendant is released

on parole;

(13) for a victim of
sexual
[
an
] assault
or a victim of

[
or sexual
] assault who is younger than 17 years of age or whose

case involves family violence, as defined by Section 71.004, Family

Code, the right to have the court consider the impact on the victim

of a continuance requested by the defendant; if requested by the

attorney representing the state or by the defendant's attorney, the

court shall state on the record the reason for granting or denying

the continuance; and

(14) if the offense is a capital felony, the right to:

(A) receive by mail from the court a written

explanation of defense-initiated victim outreach if the court has

authorized expenditures for a defense-initiated victim outreach

specialist;

(B) not be contacted by the victim outreach

specialist unless the victim, guardian, or relative has consented

to the contact by providing a written notice to the court; and

(C) designate a victim service provider to

receive all communications from a victim outreach specialist acting

on behalf of any person.

SECTION 3. Article 56A.052(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim of an offense under Section 21.02, 21.11, 22.011,

22.012, 22.021, or 42.072, Penal Code, is entitled to the following

rights within the criminal justice system:

(1) if requested, the right to a disclosure of

information, in the manner provided by Article 56A.0525, regarding:

(A) any evidence that was collected during the

investigation of the offense, unless disclosing the information

would interfere with the investigation or prosecution of the

offense, in which event the victim, guardian, or relative shall be

informed of the estimated date on which that information is

expected to be disclosed; and

(B) the status of any analysis being performed on

any evidence described by Paragraph (A);

(2) if requested, the right to be notified in the

manner provided by Article 56A.0525:

(A) at the time a request is submitted to a crime

laboratory to process and analyze any evidence that was collected

during the investigation of the offense;

(B) at the time of the submission of a request to

compare any biological evidence collected during the investigation

of the offense with DNA profiles maintained in a state or federal

DNA database; and

(C) of the results of the comparison described by

Paragraph (B), unless disclosing the results would interfere with

the investigation or prosecution of the offense, in which event the

victim, guardian, or relative shall be informed of the estimated

date on which those results are expected to be disclosed;

(3) if requested, the right to counseling regarding

acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) infection;

(4) if requested, the right to be informed about, and

confer with the attorney representing the state regarding, the

disposition of the offense, including sharing the victim's,

guardian's, or relative's views regarding:

(A) a decision not to file charges;

(B) the dismissal of charges;

(C) the use of a pretrial intervention program;

or

(D) a plea bargain agreement; and

(5) for the victim, the right to:

(A) testing for acquired immune deficiency

syndrome (AIDS), human immunodeficiency virus (HIV) infection,

antibodies to HIV, or infection with any other probable causative

agent of AIDS; [
and
]

(B) a forensic medical examination as provided by

Subchapter G
; and

(C)

any prescribed continuing medical care that

is related to the sexual assault and provided to the victim during

the 30-day period following a forensic medical examination, as

provided by Subchapter G
.

SECTION 4. Article 56A.304(a), Code of Criminal Procedure,

is amended to read as follows:

(a) On application to the attorney general and subject to

Article 56A.305(e), a health care provider that provides a forensic

medical examination to a sexual assault survivor in accordance with

this subchapter, or the sexual assault examiner or sexual assault

nurse examiner who conducts that examination in accordance with

this subchapter, as applicable, is entitled to be reimbursed in an

amount set by attorney general rule for:

(1) the reasonable costs of the forensic portion of

that examination;

(2) the evidence collection kit; and

(3) the reasonable costs of other medical care

provided to the victim during the forensic medical examination in

accordance with Subchapters A and B, Chapter 323, Health and Safety

Code
, and of any prescribed continuing medical care that is related

to the sexual assault and provided to the victim during the 30-day

period following that examination, including medication and

medical testing
.

SECTION 5. Article 56A.401, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial

contact or at the earliest possible time after the initial contact

between a victim of a reported offense and the law enforcement

agency having the responsibility for investigating the offense, the

agency shall provide the victim a written notice containing:

(1) information about the availability of emergency

and medical services, if applicable;

(2) information about the rights of crime victims

under Subchapter B;

(3) notice that the victim has the right to receive

information:

(A) regarding compensation to victims of crime as

provided by Chapter 56B, including information relating to the

costs that may be compensated under that chapter and the amount of

compensation, eligibility for compensation, and procedures for

application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G for a forensic medical examination

and for any prescribed continuing medical care that is related to

the sexual assault and provided to the victim during the 30-day

period following that examination, as provided by Subchapter G
; and

(C) providing a referral to available social

service agencies that may offer additional assistance;

(4) the name, address, and phone number of the law

enforcement agency's crime victim liaison;

(5) the name, address, and phone number of the victim

assistance coordinator of the office of the attorney representing

the state; and

(6) the following statement:

"You may call the law enforcement agency's telephone number

for the status of the case and information about victims' rights."

SECTION 6. Article 56A.451(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Not later than the 10th day after the date that an

indictment or information is returned against a defendant for an

offense, the attorney representing the state shall give to each

victim of the offense a written notice containing:

(1) the case number and assigned court for the case;

(2) a brief general statement of each procedural stage

in the processing of a criminal case, including bail, plea

bargaining, parole restitution, and appeal;

(3) suggested steps the victim may take if the victim

is subjected to threats or intimidation;

(4) the name, address, and phone number of the local

victim assistance coordinator; and

(5) notification of:

(A) the rights and procedures under this chapter,

Chapter 56B, and Subchapter B, Chapter 58;

(B) the right to file a victim impact statement

with the office of the attorney representing the state and the

department;

(C) the right to receive information:

(i) regarding compensation to victims of

crime as provided by Chapter 56B, including information relating to

the costs that may be compensated under that chapter, eligibility

for compensation, and procedures for application for compensation

under that chapter;

(ii) for a victim of a sexual assault,

regarding the payment under Subchapter G for a forensic medical

examination
and for any prescribed continuing medical care that is

related to the sexual assault and provided to the victim during the

30-day period following that examination, as provided by Subchapter

G
; and

(iii) providing a referral to available

social service agencies that may offer additional assistance; and

(D) the right of a victim, guardian of a victim,

or close relative of a deceased victim, as defined by Section

508.117, Government Code, to appear in person before a member of the

board as provided by Section 508.153, Government Code.

SECTION 7. Article 62.063, Code of Criminal Procedure, is

amended to read as follows:

Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article:

(1) "Amusement ride" has the meaning assigned by

Section 2151.002, Occupations Code.

(2) "Bus" has the meaning assigned by Section 541.201,

Transportation Code.

(3)

"Digitally prearranged ride" has the meaning

assigned by Section 2402.001, Occupations Code.

(b) A person subject to registration under this chapter

because of a reportable conviction or adjudication for which an

affirmative finding is entered under Article 42.015(b) or

42A.105(a), as appropriate, may not, for compensation:

(1) operate or offer to operate a bus;

(2) provide or offer to provide a passenger taxicab or

limousine transportation service
, or a digitally prearranged ride
;

(3) provide or offer to provide any type of service in

the residence of another person unless the provision of service

will be supervised; or

(4) operate or offer to operate any amusement ride.

SECTION 8. Section 57.002(a), Family Code, is amended to

read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

juvenile justice system:

(1) the right to receive from law enforcement agencies

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

(2) the right to have the court or person appointed by

the court take the safety of the victim or the victim's family into

consideration as an element in determining whether the child should

be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of

relevant court proceedings, including appellate proceedings, and

to be informed in a timely manner if those court proceedings have

been canceled or rescheduled;

(4) the right to be informed, when requested, by the

court or a person appointed by the court concerning the procedures

in the juvenile justice system, including general procedures

relating to:

(A) the preliminary investigation and deferred

prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a

juvenile court conducting a disposition hearing concerning the

impact of the offense on the victim and the victim's family by

testimony, written statement, or any other manner before the court

renders its disposition;

(6) the right to receive information:

(A) regarding compensation to victims as

provided by Chapter 56B, Code of Criminal Procedure, including

information relating to the costs that may be compensated under

that chapter and the amount of compensation, eligibility for

compensation, and procedures for application for compensation

under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G, Chapter 56A, Code of Criminal

Procedure, for a forensic medical examination
and for any

prescribed continuing medical care that is related to the sexual

assault and provided to the victim during the 30-day period

following that examination
; and

(C) when requested, providing a referral to

available social service agencies that may offer additional

assistance;

(7) the right to be informed, upon request, of

procedures for release under supervision or transfer of the person

to the custody of the Texas Department of Criminal Justice for

parole, to participate in the release or transfer for parole

process, to be notified, if requested, of the person's release,

escape, or transfer for parole proceedings concerning the person,

to provide to the Texas Juvenile Justice Department for inclusion

in the person's file information to be considered by the department

before the release under supervision or transfer for parole of the

person, and to be notified, if requested, of the person's release or

transfer for parole;

(8) the right to be provided with a waiting area,

separate or secure from other witnesses, including the child

alleged to have committed the conduct and relatives of the child,

before testifying in any proceeding concerning the child, or, if a

separate waiting area is not available, other safeguards should be

taken to minimize the victim's contact with the child and the

child's relatives and witnesses, before and during court

proceedings;

(9) the right to prompt return of any property of the

victim that is held by a law enforcement agency or the attorney for

the state as evidence when the property is no longer required for

that purpose;

(10) the right to have the attorney for the state

notify the employer of the victim, if requested, of the necessity of

the victim's cooperation and testimony in a proceeding that may

necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court

proceedings related to the conduct of the child as provided by

Section 54.08, subject to that section; and

(12) any other right appropriate to the victim that a

victim of criminal conduct has under Subchapter B, Chapter 56A,

Code of Criminal Procedure.

SECTION 9. Section 420.011(c), Government Code, is amended

to read as follows:

(c) The attorney general shall adopt rules establishing

minimum standards for the certification of a sexual assault nurse

examiner and the renewal of that certification by the nurse

examiner, including standards for examiner training courses and for

the interstate reciprocity of sexual assault nurse examiners. The

certification is valid for
three
[
two
] years from the date of

issuance. The attorney general shall also adopt rules establishing

minimum standards for the suspension, decertification, or

probation of a sexual assault nurse examiner who violates this

chapter.

SECTION 10. Sections 323.0046(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) A health care facility that has an emergency department

shall provide at least one hour of basic sexual assault response

training to facility employees
and contractors
who provide patient

admission functions, patient-related administrative support

functions, or direct patient care. The training must include

instruction on:

(1) the provision of survivor-centered,

trauma-informed care to sexual assault survivors; and

(2) the rights of sexual assault survivors under

Chapter 56A, Code of Criminal Procedure, including:

(A) the availability of a forensic medical

examination, including an examination that is available when a

sexual assault survivor does not report the assault to a law

enforcement agency; and

(B) the role of an advocate as defined by Section

420.003, Government Code, in responding to a sexual assault

survivor.

(b) An employee
or contractor
described by Subsection (a)

who completes a continuing medical or nursing education course in

forensic evidence collection described by Section 156.057 or

301.306, Occupations Code, that is approved or recognized by the

appropriate licensing board is considered to have completed basic

sexual assault response training for purposes of this section.

SECTION 11. Section 323.005(a), Health and Safety Code, is

amended to read as follows:

(a) The commission shall develop a standard information

form for sexual assault survivors that must include:

(1) a detailed explanation of the forensic medical

examination required to be provided by law, including a statement

that photographs may be taken of the genitalia;

(2) information regarding treatment of sexually

transmitted infections and pregnancy, including:

(A) generally accepted medical procedures;

(B) appropriate medications; and

(C) any contraindications of the medications

prescribed for treating sexually transmitted infections and

preventing pregnancy;

(3) information regarding drug-facilitated sexual

assault, including the necessity for an immediate urine test for

sexual assault survivors who may have been involuntarily drugged;

(4) information regarding crime victims compensation

and regarding the payment of costs and the reimbursements available

for care to be provided as described by Subchapter G, Chapter 56A,

Code of Criminal Procedure;

(5) an explanation that consent for the forensic

medical examination may be withdrawn at any time during the

examination;

(6) the name and telephone number of sexual assault

crisis centers statewide;

(7)
the names and contact information of legal aid

services providers statewide;

(8)
information regarding postexposure prophylaxis

for HIV infection;

(9)
[
(8)
] information regarding the period for which

biological evidence collected from the forensic medical

examination will be retained and preserved under Article 38.43,

Code of Criminal Procedure; and

(10)
[
(9)
] a statement that the survivor has the right

to access a shower for free after the forensic medical examination,

if shower facilities are available at the health care facility.

SECTION 12. Section 323.0051(a), Health and Safety Code, is

amended to read as follows:

(a) The commission shall develop a standard information

form for sexual assault survivors who arrive at a health care

facility that is not a SAFE-ready facility. The information form

must include:

(1) information regarding the benefits of a forensic

medical examination conducted by a sexual assault forensic

examiner;

(2) the Internet website address to the commission's

list of SAFE-ready facilities that includes the facilities'

physical addresses as required by Section 323.008;

(3) the following statements:

(A) "As a survivor of sexual assault, you have

the right to receive a forensic medical examination for sexual

assault at this hospital emergency room if you are requesting the

examination not later than 120 hours after the assault. For parents

or guardians of a minor child, your child has the right to receive

the forensic medical examination at any time, regardless of when

the assault occurred."; and

(B) "Call 1-800-656-HOPE to be connected to a

sexual assault crisis center for free and confidential

assistance."; [
and
]

(4)
the names and contact information of legal aid

services providers statewide; and

(5)
information on the procedure for submitting a

complaint against the health care facility.

SECTION 13. Section 323.0052(a), Health and Safety Code, is

amended to read as follows:

(a) The commission shall develop a standard information

form that, as described by Subsection (b), is to be provided to

sexual assault survivors who have not given signed, written consent

to a health care facility to release the evidence as provided by

Section 420.0735, Government Code. The form must include the

following information:

(1) the Department of Public Safety's policy regarding

storage of evidence of a sexual assault or other sex offense that is

collected under Subchapter G, Chapter 56A, Code of Criminal

Procedure, including:

(A) a statement that the evidence will be stored

until the fifth anniversary of the date on which the evidence was

collected before the evidence becomes eligible for destruction; and

(B) the department's procedures regarding the

notification of the survivor through the statewide electronic

tracking system before a planned destruction of the evidence;

(2) a statement that the survivor may request the

release of the evidence to a law enforcement agency and report a

sexual assault or other sex offense to the agency at any time;

(3) the name, phone number, and e-mail address of the

law enforcement agency with jurisdiction over the offense; [
and
]

(4) the name and phone number of a local sexual assault

crisis center
; and

(5)

the names and contact information of legal aid

services providers statewide
.

SECTION 14. Section 323.053, Health and Safety Code, is

amended to read as follows:

Sec. 323.053. MINIMUM STANDARDS FOR SAFE PROGRAMS. A SAFE

program must:

(1) operate under the active oversight of a medical

director who is a physician licensed by and in good standing with

the Texas Medical Board;

(2) provide medical treatment under a physician's

order, standing medical order, standing delegation order, or other

order or protocol as defined by Texas Medical Board rules;

(3) employ or contract with a sexual assault examiner

or a sexual assault nurse examiner;

(4) provide access to a sexual assault program

advocate, as required by Subchapter H, Chapter 56A, Code of

Criminal Procedure;

(5) ensure a sexual assault survivor has access to a

private treatment room;

(6) if indicated by a survivor's history or on a

survivor's request, provide:

(A) HIV testing and prophylactic medication to

the survivor or a referral for the testing and medication; and

(B) counseling and prophylactic medications for

exposure to sexually transmitted infections and pregnancy;

(7) provide to survivors the name and telephone number

of a nearby sexual assault program that provides to survivors the

minimum services described by Subchapter A, Chapter 420, Government

Code;

(8) provide to survivors the information form required

by Section 323.005, 323.0051, or 323.0052, as applicable[
, and

orally communicate the information regarding crime victims

compensation under Section 323.005(a)(4)
];

(9) collaborate with any sexual assault program, as

defined by Section 420.003, Government Code, that provides services

to survivors in the county;

(10) engage in efforts to improve the quality of the

program;

(11) maintain capacity for appropriate triage or have

agreements with other health facilities to assure that a survivor

receives the appropriate level of care indicated for the survivor's

medical and mental health needs;

(12) prioritize the safety and well-being of

survivors;

(13) provide a trauma-informed approach in the

forensic medical care provided to survivors; and

(14) collaborate with:

(A) law enforcement agencies and attorneys

representing the state with jurisdiction in the county;

(B) any available local sexual assault response

team; and

(C) other interested persons in the community.

SECTION 15. Section 351.257, Local Government Code, is

amended to read as follows:

Sec. 351.257. REPORT.
(a)
Not later than December 1 of

each odd-numbered year, a response team shall provide to the

commissioners court of each county the response team serves a

report that includes:

(1) a list of response team members able to

participate in the quarterly meetings required by Section

351.254(c);

(2) a copy of the written protocol developed under

Section 351.256; and

(3) either:

(A) a biennial summary detailing:

(i) the number of sexual assault reports

received by local law enforcement agencies;

(ii) the number of investigations conducted

as a result of those reports;

(iii) the number of indictments presented

in connection with a report and the disposition of those cases; and

(iv) the number of reports of sexual

assault for which no indictment was presented; or

(B) an explanation of the reason the response

team failed to provide the information described by Paragraph (A).

(b)

Not later than February 1 of each even-numbered year,

the commissioners court of each county that receives a report

described by Subsection (a) during the preceding year shall submit

that report to the Sexual Assault Survivors' Task Force established

under Section 772.0064, Government Code.

SECTION 16. Subchapter J, Chapter 351, Local Government

Code, is amended by adding Section 351.2571 to read as follows:

Sec.

351.2571.

NONCOMPLIANCE. Failure to comply with the

requirements of Section 351.257 may be used to determine

eligibility for receiving grant funds from the office of the

governor or another state agency.

SECTION 17. Section 156.057, Occupations Code, is amended

to read as follows:

Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE

COLLECTION. (a) A physician licensed under this subtitle who

submits an application for renewal of a license to practice

medicine and whose practice includes treating patients in an

emergency room setting
shall
[
may
] complete
at least
two hours of

continuing medical education relating to
:

(1)

the provision of trauma-informed care to sexual

assault survivors;

(2)

appropriate community referrals and prophylactic

medications;

(3)

the rights of a sexual assault survivor under

Chapter 56A, Code of Criminal Procedure, including the opportunity

to request the presence of an advocate as defined by Section

420.003, Government Code, and a forensic medical examination;

(4) forensic evidence collection methods; and

(5)

applicable state law pertaining to the custody,

transfer, and tracking of
forensic evidence.

(b) The board shall adopt rules to establish the content of

continuing medical education relating to forensic evidence

collection.
The content of the continuing medical education must

conform to the evidence collection protocol distributed by the

attorney general under Section 420.031, Government Code.
The board

may adopt other rules to implement this section.

(c)

The board may permit the continuing medical education

under this section to be counted toward the hours of continuing

medical education required by Section 156.051(a)(2).

SECTION 18. Subchapter D, Chapter 204, Occupations Code, is

amended by adding Section 204.1563 to read as follows:

Sec.

204.1563.

CONTINUING EDUCATION IN FORENSIC EVIDENCE

COLLECTION. (a) A physician assistant licensed under this chapter

whose practice includes treating patients in an emergency room

setting shall complete at least two hours of continuing medical

education relating to:

(1)

the provision of trauma-informed care to sexual

assault survivors;

(2)

appropriate community referrals and prophylactic

medications;

(3)

the rights of a sexual assault survivor under

Chapter 56A, Code of Criminal Procedure, including the opportunity

to request the presence of an advocate as defined by Section

420.003, Government Code, and a forensic medical examination;

(4) forensic evidence collection methods; and

(5)

applicable state law pertaining to the custody,

transfer, and tracking of forensic evidence.

(b)

The content of the continuing medical education

relating to forensic evidence collection must conform to the

evidence collection protocol distributed by the attorney general

under Section 420.031, Government Code.

(c)

The board may permit the continuing medical education

under this section to be counted toward the continuing education

requirements under Section 204.1562(a)(2).

SECTION 19. Sections 2402.107(a) and (b), Occupations Code,

are amended to read as follows:

(a) Before permitting an individual to log in as a driver on

the company's digital network, a transportation network company

must:

(1) confirm that the individual:

(A) is at least 18 years of age;

(B) maintains a valid driver's license issued by

this state, another state, or the District of Columbia; and

(C) possesses proof of registration and

automobile financial responsibility for each motor vehicle to be

used to provide digitally prearranged rides;

(2) conduct, or cause to be conducted, a local, state,

and national criminal background check for the individual that

includes the use of:

(A) a commercial multistate and

multijurisdiction criminal records locator or other similar

commercial nationwide database; [
and
]

(B) the national sex offender public website

maintained by the United States Department of Justice or a

successor agency; and

(C)

the state sex offender public website

maintained by the Department of Public Safety; and

(3) obtain and review the individual's driving record.

(b) A transportation network company may not permit an

individual to log in as a driver on the company's digital network if

the individual:

(1) has been convicted in the three-year period

preceding the issue date of the driving record obtained under

Subsection (a)(3) of:

(A) more than three offenses classified by the

Department of Public Safety as moving violations; or

(B) one or more of the following offenses:

(i) fleeing or attempting to elude a police

officer under Section 545.421, Transportation Code;

(ii) reckless driving under Section

545.401, Transportation Code;

(iii) driving without a valid driver's

license under Section 521.025, Transportation Code; or

(iv) driving with an invalid driver's

license under Section 521.457, Transportation Code;

(2) has been convicted in the preceding seven-year

period of any of the following:

(A) driving while intoxicated under Section

49.04 or 49.045, Penal Code;

(B) use of a motor vehicle to commit a felony;

(C) a felony crime involving property damage;

(D) fraud;

(E) theft;

(F) an act of violence; or

(G) an act of terrorism; or

(3) is found to be registered in the national sex

offender public website maintained by the United States Department

of Justice or a successor agency
or in the state sex offender public

website maintained by the Department of Public Safety
.

SECTION 20. Section 92.0161(c), Property Code, is amended

to read as follows:

(c) If the tenant is a victim or a parent or guardian of a

victim of sexual assault under Section 22.011, Penal Code,

aggravated sexual assault under Section 22.021, Penal Code,

indecency with a child under Section 21.11, Penal Code, sexual

performance by a child under Section 43.25, Penal Code, continuous

sexual abuse of young child or disabled individual under Section

21.02, Penal Code, or an attempt to commit any of the foregoing

offenses under Section 15.01, Penal Code, that takes place during

the preceding six-month period [
on the premises or at any dwelling

on the premises
], the tenant shall provide to the landlord or the

landlord's agent a copy of:

(1) documentation of the assault or abuse, or

attempted assault or abuse, of the victim from a licensed health

care services provider who examined the victim;

(2) documentation of the assault or abuse, or

attempted assault or abuse, of the victim from a licensed mental

health services provider who examined or evaluated the victim;

(3) documentation of the assault or abuse, or

attempted assault or abuse, of the victim from an individual

authorized under Chapter 420, Government Code, who provided

services to the victim; or

(4) documentation of a protective order issued under

Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a

temporary ex parte order.

SECTION 21. Section 323.005(d), Health and Safety Code, is

repealed.

SECTION 22. The changes in law made by this Act to Chapter

56A, Code of Criminal Procedure, apply only to a sexual assault or

other sex offense that is first reported or for which medical care

is first sought on or after the effective date of this Act. A sexual

assault or other sex offense that is first reported or for which

medical care was first sought before the effective date of this Act

is governed by the law in effect on the date the sexual assault was

reported or the medical care was sought, and the former law is

continued in effect for that purpose.

SECTION 23. Section 420.011(c), Government Code, as amended

by this Act, applies only to an application for renewal of a sexual

assault nurse examiner certificate filed on or after the effective

date of this Act. An application for renewal of a certificate filed

before the effective date of this Act is governed by the law in

effect on the date the application was filed, and the former law is

continued in effect for that purpose.

SECTION 24. Section 156.057, Occupations Code, as amended

by this Act, and Section 204.1563, Occupations Code, as added by

this Act, apply to an application for the renewal of a license filed

on or after September 1, 2026. An application for the renewal of a

license filed before that date is governed by the law in effect on

the date the application was filed, and the former law is continued

in effect for that purpose.

SECTION 25. Not later than June 1, 2026, the Texas Medical

Board shall adopt the rules required by Section 156.057,

Occupations Code, as amended by this Act.

SECTION 26. Not later than June 1, 2026, the Texas Physician

Assistant Board shall adopt rules to implement Section 204.1563,

Occupations Code, as added by this Act.

SECTION 27. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 47 was passed by the House on May 1,

2025, by the following vote: Yeas 140, Nays 0, 7 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 47 was passed by the Senate on May 23,

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

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor