By: Birdwell, et al.	S.B. No. 3

	A BILL TO BE ENTITLED
	AN ACT
	relating to the powers and duties of the Texas Department of Public
	Safety, military and law enforcement training, and the
	investigation, prosecution, punishment, and prevention of certain
	offenses; creating an offense and increasing a criminal penalty;
	authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The legislature finds that the deployment of
	Texas National Guard troops to the border region and the increase in
	the number of Texas Department of Public Safety troopers assigned
	to the border region have made a significant impact on securing the
	border. It is the intention of the legislature to continue to fund
	the Texas National Guard's deployment to the border region and to
	fund the Texas Department of Public Safety's expansion of its
	operations in the border region. The legislature finds that the
	deployment of Texas National Guard troops to the border region is
	needed until the Texas Department of Public Safety has the
	personnel to fully secure the border region without the assistance
	of the Texas National Guard troops.
	SECTION 2.  Article 2.12, Code of Criminal Procedure, is
	amended to conform to S.B. 219, Acts of the 84th Legislature,
	Regular Session, 2015, and further amended to read as follows:
	Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace
	officers:
	(1)  sheriffs, their deputies, and those reserve
	deputies who hold a permanent peace officer license issued under
	Chapter 1701, Occupations Code;
	(2)  constables, deputy constables, and those reserve
	deputy constables who hold a permanent peace officer license issued
	under Chapter 1701, Occupations Code;
	(3)  marshals or police officers of an incorporated
	city, town, or village, and those reserve municipal police officers
	who hold a permanent peace officer license issued under Chapter
	1701, Occupations Code;
	(4)  rangers, [and] officers, and members of the
	reserve officer corps commissioned by the Public Safety Commission
	and the Director of the Department of Public Safety;
	(5)  investigators of the district attorneys', criminal
	district attorneys', and county attorneys' offices;
	(6)  law enforcement agents of the Texas Alcoholic
	Beverage Commission;
	(7)  each member of an arson investigating unit
	commissioned by a city, a county, or the state;
	(8)  officers commissioned under Section 37.081,
	Education Code, or Subchapter E, Chapter 51, Education Code;
	(9)  officers commissioned by the General Services
	Commission;
	(10)  law enforcement officers commissioned by the
	Parks and Wildlife Commission;
	(11)  airport police officers commissioned by a city
	with a population of more than 1.18 million located primarily in a
	county with a population of 2 million or more that operates an
	airport that serves commercial air carriers;
	(12)  airport security personnel commissioned as peace
	officers by the governing body of any political subdivision of this
	state, other than a city described by Subdivision (11), that
	operates an airport that serves commercial air carriers;
	(13)  municipal park and recreational patrolmen and
	security officers;
	(14)  security officers and investigators commissioned
	as peace officers by the comptroller;
	(15)  officers commissioned by a water control and
	improvement district under Section 49.216, Water Code;
	(16)  officers commissioned by a board of trustees
	under Chapter 54, Transportation Code;
	(17)  investigators commissioned by the Texas Medical
	Board;
	(18)  officers commissioned by:
	(A)  the board of managers of the Dallas County
	Hospital District, the Tarrant County Hospital District, the Bexar
	County Hospital District, or the El Paso County Hospital District
	under Section 281.057, Health and Safety Code;
	(B)  the board of directors of the Ector County
	Hospital District under Section 1024.117, Special District Local
	Laws Code; and
	(C)  the board of directors of the Midland County
	Hospital District of Midland County, Texas, under Section 1061.121,
	Special District Local Laws Code;
	(19)  county park rangers commissioned under
	Subchapter E, Chapter 351, Local Government Code;
	(20)  investigators employed by the Texas Racing
	Commission;
	(21)  officers commissioned under Chapter 554,
	Occupations Code;
	(22)  officers commissioned by the governing body of a
	metropolitan rapid transit authority under Section 451.108,
	Transportation Code, or by a regional transportation authority
	under Section 452.110, Transportation Code;
	(23)  investigators commissioned by the attorney
	general under Section 402.009, Government Code;
	(24)  security officers and investigators commissioned
	as peace officers under Chapter 466, Government Code;
	(25)  [an officer employed by the Department of State
	Health Services under Section 431.2471, Health and Safety Code;
	[(26)]  officers appointed by an appellate court under
	Subchapter F, Chapter 53, Government Code;
	(26) [(27)]  officers commissioned by the state fire
	marshal under Chapter 417, Government Code;
	(27) [(28)]  an investigator commissioned by the
	commissioner of insurance under Section 701.104, Insurance Code;
	(28) [(29)]  apprehension specialists and inspectors
	general commissioned by the Texas Juvenile Justice Department as
	officers under Sections 242.102 and 243.052, Human Resources Code;
	(29) [(30)]  officers appointed by the inspector
	general of the Texas Department of Criminal Justice under Section
	493.019, Government Code;
	(30) [(31)]  investigators commissioned by the Texas
	Commission on Law Enforcement under Section 1701.160, Occupations
	Code;
	(31) [(32)]  commission investigators commissioned by
	the Texas Private Security Board under Section 1702.061
	[1702.061(f)], Occupations Code;
	(32) [(33)]  the fire marshal and any officers,
	inspectors, or investigators commissioned by an emergency services
	district under Chapter 775, Health and Safety Code;
	(33) [(34)]  officers commissioned by the State Board
	of Dental Examiners under Section 254.013, Occupations Code,
	subject to the limitations imposed by that section;
	(34) [(35)]  investigators commissioned by the Texas
	Juvenile Justice Department as officers under Section 221.011,
	Human Resources Code; and
	(35) [(36)]  the fire marshal and any related officers,
	inspectors, or investigators commissioned by a county under
	Subchapter B, Chapter 352, Local Government Code.
	SECTION 3.  Section 4, Article 18.20, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.
	A judge of competent jurisdiction may issue an order authorizing
	interception of wire, oral, or electronic communications only if
	the prosecutor applying for the order shows probable cause to
	believe that the interception will provide evidence of the
	commission of:
	(1)  a felony under Section 19.02, 19.03, or 43.26,
	Penal Code;
	(2)  a felony under:
	(A)  Chapter 481, Health and Safety Code, other
	than felony possession of marihuana;
	(B)  Section 485.032, Health and Safety Code; or
	(C)  Chapter 483, Health and Safety Code;
	(3)  an offense under Section 20.03 or 20.04, Penal
	Code;
	(4)  an offense under Chapter 20A, Penal Code;
	(5)  an offense under Chapter 34, Penal Code, if the
	criminal activity giving rise to the proceeds involves the
	commission of an offense under Title 5, Penal Code, or an offense
	under federal law or the laws of another state containing elements
	that are substantially similar to the elements of an offense under
	Title 5;
	(6)  an offense under Section 38.11, Penal Code; [or]
	(7)  an offense under Section 43.04 or 43.05, Penal
	Code; or
	(8)  an attempt, conspiracy, or solicitation to commit
	an offense listed in this section.
	SECTION 4.  Article 59.01(2), Code of Criminal Procedure, as
	amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
	83rd Legislature, Regular Session, 2013, is reenacted and amended
	to read as follows:
	(2)  "Contraband" means property of any nature,
	including real, personal, tangible, or intangible, that is:
	(A)  used in the commission of:
	(i)  any first or second degree felony under
	the Penal Code;
	(ii)  any felony under Section 15.031(b),
	20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
	33A, or 35, Penal Code;
	(iii)  any felony under The Securities Act
	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
	(iv)  any offense under Chapter 49, Penal
	Code, that is punishable as a felony of the third degree or state
	jail felony, if the defendant has been previously convicted three
	times of an offense under that chapter;
	(B)  used or intended to be used in the commission
	of:
	(i)  any felony under Chapter 481, Health
	and Safety Code (Texas Controlled Substances Act);
	(ii)  any felony under Chapter 483, Health
	and Safety Code;
	(iii)  a felony under Chapter 151, Finance
	Code;
	(iv)  any felony under Chapter 34, Penal
	Code;
	(v)  a Class A misdemeanor under Subchapter
	B, Chapter 365, Health and Safety Code, if the defendant has been
	previously convicted twice of an offense under that subchapter;
	(vi)  any felony under Chapter 32, Human
	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
	involves the state Medicaid program;
	(vii)  a Class B misdemeanor under Chapter
	522, Business & Commerce Code;
	(viii)  a Class A misdemeanor under Section
	306.051, Business & Commerce Code;
	(ix)  any offense under Section 42.10, Penal
	Code;
	(x)  any offense under Section 46.06(a)(1)
	or 46.14, Penal Code;
	(xi)  any offense under Chapter 71, Penal
	Code;
	(xii)  any offense under Section 20.05 or
	20.06, Penal Code; or
	(xiii) [(xiv)]  an offense under Section
	326.002, Business & Commerce Code;
	(C)  the proceeds gained from the commission of a
	felony listed in Paragraph (A) or (B) of this subdivision, a
	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
	this subdivision, or a crime of violence;
	(D)  acquired with proceeds gained from the
	commission of a felony listed in Paragraph (A) or (B) of this
	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
	or (xi) of this subdivision, or a crime of violence;
	(E)  used to facilitate or intended to be used to
	facilitate the commission of a felony under Section 15.031 or
	43.25, Penal Code; or
	(F)  used to facilitate or intended to be used to
	facilitate the commission of a felony under Section 20A.02 or
	Chapter 43, Penal Code.
	SECTION 5.  Subchapter B, Chapter 402, Government Code, is
	amended by adding Section 402.038 to read as follows:
	Sec. 402.038.  TRANSNATIONAL AND ORGANIZED CRIME DIVISION.
	(a)  The office of the attorney general shall establish a
	transnational and organized crime division.
	(b)  To address matters related to border security and
	organized crime, the transnational and organized crime division
	shall:
	(1)  establish within the division a prosecution unit
	to provide critical assistance to local prosecutors;
	(2)  using existing funds, establish within the
	division a trafficking of persons unit to:
	(A)  assist local law enforcement agencies and
	local prosecutors in investigating and prosecuting trafficking of
	persons and related crimes; and
	(B)  work with the appropriate local and state
	agencies to identify victims of trafficking of persons and to
	provide the types of assistance available for those victims under
	Chapter 56, Code of Criminal Procedure; and
	(3)  develop initiatives to provide greater state
	assistance, support, and coordination among state law enforcement
	agencies, local law enforcement agencies, and local prosecutors.
	(c)  Assistance provided by the division under this section
	may include the assistance authorized under Section 402.028.
	SECTION 6.  Section 411.0043, Government Code, is amended to
	read as follows:
	Sec. 411.0043.  TECHNOLOGY POLICY; REVIEW.  (a)  The
	commission shall implement a policy requiring the department to use
	appropriate technological solutions to improve the department's
	ability to perform its functions. The policy must ensure that the
	public is able to interact with the department on the Internet.
	(b)  The department shall periodically:
	(1)  review the department's existing information
	technology system to determine whether:
	(A)  the system's security should be upgraded; and
	(B)  the system provides the department with the
	best ability to monitor and investigate criminal activity on the
	Internet; and
	(2)  make any necessary improvements to the
	department's information technology system.
	SECTION 7.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.0163 to read as follows:
	Sec. 411.0163.  HIRING OFFICERS WITH PREVIOUS LAW
	ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of
	law, the department may, at the time a commissioned officer is
	hired, elect to credit up to four years of experience as a peace
	officer in the state as years of service for the purpose of
	calculating the officer's salary under Schedule C.  All officers
	are subject to the one-year probationary period under Section
	411.007(g) notwithstanding the officer's rank or salary
	classification.
	SECTION 8.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.0164 to read as follows:
	Sec. 411.0164.  50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS.
	Notwithstanding any other law, the department may implement a
	10-hour workday and 50-hour workweek for commissioned officers of
	the department.
	SECTION 9.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Sections 411.0203, 411.0208, and 411.0209 to read
	as follows:
	Sec. 411.0203.  TEXAS TRANSNATIONAL INTELLIGENCE CENTER.
	(a)  The department by rule shall establish the Texas Transnational
	Intelligence Center as a central repository of real-time
	information relating to:
	(1)  autopsies in which the person's death is likely
	connected to transnational criminal activity;
	(2)  criminal activity in the counties along the
	Texas-Mexico border and certain other counties; and
	(3)  other transnational criminal activity in the
	state.
	(b)  The department shall locate the center in a county with
	a population of not more than 800,000 that is adjacent to the
	Texas-Mexico border. The department may only locate the center in a
	county if the sheriff's department in the county and a police
	department of a municipality in the county agree to jointly operate
	the center.
	(c)  The sheriff's department of the county in which the
	center is located and the police department of the municipality
	that agrees to jointly operate the center shall assist in the
	establishment of the center.
	(d)  Each law enforcement agency in a county located along
	the Texas-Mexico border or in a county with a federal checkpoint
	shall report to the center information regarding criminal activity
	in the law enforcement agency's jurisdiction, including
	information on kidnappings, home invasions, and incidents of
	impersonation of law enforcement officers.  The Texas Alcoholic
	Beverage Commission and Parks and Wildlife Department shall report
	to the center information regarding transnational criminal
	activity in each agency's jurisdiction.
	(e)  The information in the center shall be made available to
	each law enforcement agency in the state and the Texas Alcoholic
	Beverage Commission and Parks and Wildlife Department.
	Sec. 411.0208.  RESERVE OFFICER CORPS. (a)  The commission
	may provide for the establishment of a reserve officer corps
	consisting of retired or previously commissioned officers of the
	department.
	(b)  The commission shall establish qualifications and
	standards of training for members of the reserve officer corps.
	(c)  The commission may limit the size of the reserve officer
	corps.
	(d)  The director shall appoint the members of the reserve
	officer corps. Members serve at the director's discretion.
	(e)  The director may call the reserve officer corps into
	service at any time the director considers it necessary to have
	additional officers to assist the department in conducting
	background investigations, sex offender compliance checks, and
	other duties as determined necessary by the director.
	Sec. 411.0209.  DEPARTMENT ASSISTANCE AT INTERNATIONAL
	BORDER CHECKPOINTS. (a)  The department shall provide to federal
	authorities at international border checkpoints assistance in the
	interdiction of weapons, bulk currency, stolen vehicles, and other
	contraband, and of fugitives, being smuggled into the United
	Mexican States.
	(b)  The department may share with the federal government the
	cost of staffing any international border checkpoints for the
	purposes described by this section.
	(c)  The director shall adopt procedures as necessary to
	administer this section.
	SECTION 10.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.054 to read as follows:
	Sec. 411.054.  INCIDENT-BASED CRIME STATISTICS REPORTING
	GOAL. (a)  The department shall establish a goal that, not later
	than September 1, 2019, at least 36 percent of all local law
	enforcement agencies that submitted to the department during the
	state fiscal biennium ending August 31, 2015, information and
	statistics concerning criminal offenses committed in the
	jurisdiction of those agencies will:
	(1)  have implemented an incident-based reporting
	system that meets the reporting requirements of the National
	Incident-Based Reporting System of the Uniform Crime Reporting
	Program of the Federal Bureau of Investigation; and
	(2)  be using the system described by Subdivision (1)
	to submit to the department information and statistics concerning
	criminal offenses committed in the jurisdiction of the local law
	enforcement agency.
	(b)  The department shall:
	(1)  periodically analyze implementation and use of the
	system described by Subsection (a)(1); and
	(2)  identify which specific, additional local law
	enforcement agencies the department needs to implement the system
	described by Subsection (a)(1) to generate reasonable estimates of
	the number and types of criminal offenses that are committed in this
	state.
	(c)  In identifying specific, additional local law
	enforcement agencies under Subsection (b)(2), the department
	shall:
	(1)  consult with stakeholders, including local law
	enforcement agencies and local and statewide law enforcement
	associations; and
	(2)  consider, at a minimum:
	(A)  geographic distribution of local law
	enforcement agencies;
	(B)  the number of peace officers at a local law
	enforcement agency;
	(C)  the jurisdiction of a local law enforcement
	agency;
	(D)  population density and composition of the
	area served by a local law enforcement agency;
	(E)  access to transportation networks in the area
	served by a local law enforcement agency;
	(F)  the relationship of a local law enforcement
	agency to other components of the criminal justice system; and
	(G)  crime reporting practices of persons
	residing in the area served by a local law enforcement agency.
	(d)  The department shall provide quarterly reports to the
	Legislative Budget Board that include:
	(1)  the local law enforcement agencies that have been
	identified as subjects for the implementation of the system
	described by Subsection (a)(1); and
	(2)  any available information regarding local law
	enforcement agencies' progress in implementing and using the system
	described by Subsection (a)(1) to submit to the department
	information and statistics described by Subsection (a)(2).
	(e)  The department shall adopt rules to implement this
	section.
	SECTION 11.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.0141 to read as follows:
	Sec. 411.0141.  MULTIUSE TRAINING FACILITY. (a)  The Texas
	Facilities Commission shall construct a multiuse training facility
	to be used by the department, the Texas military forces, county and
	municipal law enforcement agencies, and any other military or law
	enforcement agency, including agencies of the federal government,
	for training purposes.
	(b)  The Texas Facilities Commission, with the assistance of
	the department, shall locate and acquire real property for the
	purpose of constructing the training facility. The governing body
	of a county or municipality, on behalf of the county or
	municipality, may donate real property to the department for the
	training facility. The donation may be in fee simple or otherwise.
	(c)  The department shall, with the assistance of the Texas
	Facilities Commission, design the training facility.
	(d)  On completion of the construction of the training
	facility, the Texas Facilities Commission shall transfer ownership
	of the training facility, including the real property and
	buildings, to the department.
	(e)  The department shall manage the training facility and
	may adopt rules necessary to implement this section. The
	department shall make the training facility available for use by
	the department, the Texas military forces, county and municipal law
	enforcement agencies, and any other military or law enforcement
	agency, including agencies of the federal government. The
	department may set and collect fees for the use of the training
	facility.
	SECTION 12.  Section 772.007, Government Code, is reenacted
	to read as follows:
	Sec. 772.007.  TEXAS ANTI-GANG GRANT PROGRAM. (a)  The
	criminal justice division established under Section 772.006 shall
	administer a competitive grant program to support regional,
	multidisciplinary approaches to combat gang violence through the
	coordination of gang prevention, intervention, and suppression
	activities.
	(b)  The grant program administered under this section must
	be directed toward regions of this state that have demonstrably
	high levels of gang violence.
	(c)  The criminal justice division shall award grants to
	qualified applicants, as determined by the division, that
	demonstrate a comprehensive approach that balances gang
	prevention, intervention, and suppression activities to reduce
	gang violence.
	(d)  The criminal justice division shall include in the
	biennial report required by Section 772.006(a)(9) detailed
	reporting of the results and performance of the grant program
	administered under this section.
	(e)  The criminal justice division may use any revenue
	available for purposes of this section.
	SECTION 13.  Section 20.05, Penal Code, is amended to read as
	follows:
	Sec. 20.05.  SMUGGLING OF PERSONS. (a)  A person commits an
	offense if the person, with the intent to obtain a pecuniary
	benefit, knowingly:
	(1)  [intentionally] uses a motor vehicle, aircraft,
	[or] watercraft, or other means of conveyance to transport an
	individual with the intent to:
	(A) [(1)]  conceal the individual from a peace
	officer or special investigator; or
	(B) [(2)]  flee from a person the actor knows is a
	peace officer or special investigator attempting to lawfully arrest
	or detain the actor; or
	(2)  encourages or induces a person to enter or remain
	in this country in violation of federal law by concealing,
	harboring, or shielding that person from detection.
	(b)  An [Except as provided by Subsection (c), an] offense
	under this section is [a state jail felony.
	[(c)  An offense under this section is] a felony of the third
	degree, except that [if the actor commits] the offense is:
	(1)  a felony of the second degree if:
	(A)  the actor commits the offense [for pecuniary
	benefit; or
	[(2)]  in a manner that creates a substantial
	likelihood that the smuggled [transported] individual will suffer
	serious bodily injury or death; or
	(B)  the smuggled individual is a child younger
	than 18 years of age at the time of the offense; or
	(2)  a felony of the first degree if:
	(A)  it is shown on the trial of the offense that,
	as a direct result of the commission of the offense, the smuggled
	individual became a victim of sexual assault, as defined by Section
	22.011, or aggravated sexual assault, as defined by Section 22.021;
	or
	(B)  the smuggled individual suffered serious
	bodily injury or death.
	(c) [(d)]  It is an affirmative defense to prosecution of an
	offense under this section, other than an offense punishable under
	Subsection (b)(1)(A) or (b)(2), that the actor is related to the
	smuggled [transported] individual within the second degree of
	consanguinity or, at the time of the offense, within the second
	degree of affinity.
	(d) [(e)]  If conduct constituting an offense under this
	section also constitutes an offense under another section of this
	code, the actor may be prosecuted under either section or under both
	sections.
	SECTION 14.  Chapter 20, Penal Code, is amended by adding
	Section 20.06 to read as follows:
	Sec. 20.06.  CONTINUOUS SMUGGLING OF PERSONS. (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 20.05.
	(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 20.05 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 constitutes an offense under Section 20.05.
	(c)  If the victim of an offense under Subsection (a) is the
	same victim as a victim of an offense under Section 20.05, a
	defendant may not be convicted of the offense under Section 20.05 in
	the same criminal action as the offense under Subsection (a),
	unless the offense under Section 20.05:
	(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 20.05 is alleged to have been committed
	against the same victim.
	(e)  Except as provided by Subsections (f) and (g), an
	offense under this section is a felony of the second degree.
	(f)  An offense under this section is a felony of the first
	degree if:
	(1)  the conduct constituting an offense under Section
	20.05 is conducted in a manner that creates a substantial
	likelihood that the smuggled individual will suffer serious bodily
	injury or death; or
	(2)  the smuggled individual is a child younger than 18
	years of age at the time of the offense.
	(g)  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 any term of not more than 99 years
	or less than 25 years, if:
	(1)  it is shown on the trial of the offense that, as a
	direct result of the commission of the offense, the smuggled
	individual became a victim of sexual assault, as defined by Section
	22.011, or aggravated sexual assault, as defined by Section 22.021;
	or
	(2)  the smuggled individual suffered serious bodily
	injury or death.
	SECTION 15.  Sections 71.02(a) and (b), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or children,
	solicitation of a minor, forgery, deadly conduct, assault
	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
	unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(5-a)  causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a)(1) or 46.14;
	(17)  any offense under Section 20.05 or 20.06; or
	(18)  any offense classified as a felony under the Tax
	Code.
	(b)  Except as provided in Subsections (c) and (d), an
	offense under this section is one category higher than the most
	serious offense listed in Subsection (a) that was committed, and if
	the most serious offense is a Class A misdemeanor, the offense is a
	state jail felony, except that the offense is a felony of the first
	degree punishable by imprisonment in the Texas Department of
	Criminal Justice for:
	(1)  life without parole, if the most serious offense
	is an aggravated sexual assault and if at the time of that offense
	the defendant is 18 years of age or older and:
	(A)  the victim of the offense is younger than six
	years of age;
	(B)  the victim of the offense is younger than 14
	years of age and the actor commits the offense in a manner described
	by Section 22.021(a)(2)(A); or
	(C)  the victim of the offense is younger than 17
	years of age and suffered serious bodily injury as a result of the
	offense; [or]
	(2)  life or for any term of not more than 99 years or
	less than 30 years if the most serious offense is an offense under
	Section 20.06 that is punishable under Subsection (g) of that
	section; or
	(3)  life or for any term of not more than 99 years or
	less than 15 years if the most serious offense is an offense
	punishable as a felony of the first degree, other than an offense
	described by Subdivision (1) or (2).
	SECTION 16.  The change in law made by this Act to Section 4,
	Article 18.20, Code of Criminal Procedure, applies only to an
	application for an interception order filed on or after the
	effective date of this Act.  An application for an interception
	order 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 17.  Not later than December 1, 2015, the office of
	the attorney general shall establish the transnational and
	organized crime division as required by Section 402.038, Government
	Code, as added by this Act.
	SECTION 18.  The Department of Public Safety shall adopt
	rules required under Section 411.054(e), Government Code, as added
	by this Act, not later than December 31, 2015.
	SECTION 19.  The changes in law made by this Act to Sections
	20.05 and 71.02, Penal Code, apply only to an offense committed on
	or after the effective date of this Act.  An offense committed
	before the effective date of this Act is governed by the law in
	effect on the date the offense was committed, and the former law is
	continued in effect for that purpose.  For purposes of this section,
	an offense was committed before the effective date of this Act if
	any element of the offense occurred before that date.
	SECTION 20.  To the extent of any conflict, this Act prevails
	over another Act of the 84th Legislature, Regular Session, 2015,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 21.  This Act takes effect September 1, 2015.