85R11777 LHC-F
	By: Huffman, Nelson	S.B. No. 1226

	A BILL TO BE ENTITLED
	AN ACT
	relating to prostitution and trafficking of persons and to certain
	criminal and civil consequences of that conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 17.46(b), Business & Commerce Code, as
	amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts of
	the 84th Legislature, Regular Session, 2015, is reenacted and
	amended to read as follows:
	(b)  Except as provided in Subsection (d) of this section,
	the term "false, misleading, or deceptive acts or practices"
	includes, but is not limited to, the following acts:
	(1)  passing off goods or services as those of another;
	(2)  causing confusion or misunderstanding as to the
	source, sponsorship, approval, or certification of goods or
	services;
	(3)  causing confusion or misunderstanding as to
	affiliation, connection, or association with, or certification by,
	another;
	(4)  using deceptive representations or designations
	of geographic origin in connection with goods or services;
	(5)  representing that goods or services have
	sponsorship, approval, characteristics, ingredients, uses,
	benefits, or quantities which they do not have or that a person has
	a sponsorship, approval, status, affiliation, or connection which
	the person does not;
	(6)  representing that goods are original or new if
	they are deteriorated, reconditioned, reclaimed, used, or
	secondhand;
	(7)  representing that goods or services are of a
	particular standard, quality, or grade, or that goods are of a
	particular style or model, if they are of another;
	(8)  disparaging the goods, services, or business of
	another by false or misleading representation of facts;
	(9)  advertising goods or services with intent not to
	sell them as advertised;
	(10)  advertising goods or services with intent not to
	supply a reasonable expectable public demand, unless the
	advertisements disclosed a limitation of quantity;
	(11)  making false or misleading statements of fact
	concerning the reasons for, existence of, or amount of price
	reductions;
	(12)  representing that an agreement confers or
	involves rights, remedies, or obligations which it does not have or
	involve, or which are prohibited by law;
	(13)  knowingly making false or misleading statements
	of fact concerning the need for parts, replacement, or repair
	service;
	(14)  misrepresenting the authority of a salesman,
	representative or agent to negotiate the final terms of a consumer
	transaction;
	(15)  basing a charge for the repair of any item in
	whole or in part on a guaranty or warranty instead of on the value of
	the actual repairs made or work to be performed on the item without
	stating separately the charges for the work and the charge for the
	warranty or guaranty, if any;
	(16)  disconnecting, turning back, or resetting the
	odometer of any motor vehicle so as to reduce the number of miles
	indicated on the odometer gauge;
	(17)  advertising of any sale by fraudulently
	representing that a person is going out of business;
	(18)  advertising, selling, or distributing a card
	which purports to be a prescription drug identification card issued
	under Section 4151.152, Insurance Code, in accordance with rules
	adopted by the commissioner of insurance, which offers a discount
	on the purchase of health care goods or services from a third party
	provider, and which is not evidence of insurance coverage, unless:
	(A)  the discount is authorized under an agreement
	between the seller of the card and the provider of those goods and
	services or the discount or card is offered to members of the
	seller;
	(B)  the seller does not represent that the card
	provides insurance coverage of any kind; and
	(C)  the discount is not false, misleading, or
	deceptive;
	(19)  using or employing a chain referral sales plan in
	connection with the sale or offer to sell of goods, merchandise, or
	anything of value, which uses the sales technique, plan,
	arrangement, or agreement in which the buyer or prospective buyer
	is offered the opportunity to purchase merchandise or goods and in
	connection with the purchase receives the seller's promise or
	representation that the buyer shall have the right to receive
	compensation or consideration in any form for furnishing to the
	seller the names of other prospective buyers if receipt of the
	compensation or consideration is contingent upon the occurrence of
	an event subsequent to the time the buyer purchases the merchandise
	or goods;
	(20)  representing that a guaranty or warranty confers
	or involves rights or remedies which it does not have or involve,
	provided, however, that nothing in this subchapter shall be
	construed to expand the implied warranty of merchantability as
	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
	2A.216 to involve obligations in excess of those which are
	appropriate to the goods;
	(21)  promoting a pyramid promotional scheme, as
	defined by Section 17.461;
	(22)  representing that work or services have been
	performed on, or parts replaced in, goods when the work or services
	were not performed or the parts replaced;
	(23)  filing suit founded upon a written contractual
	obligation of and signed by the defendant to pay money arising out
	of or based on a consumer transaction for goods, services, loans, or
	extensions of credit intended primarily for personal, family,
	household, or agricultural use in any county other than in the
	county in which the defendant resides at the time of the
	commencement of the action or in the county in which the defendant
	in fact signed the contract; provided, however, that a violation of
	this subsection shall not occur where it is shown by the person
	filing such suit that the person neither knew or had reason to know
	that the county in which such suit was filed was neither the county
	in which the defendant resides at the commencement of the suit nor
	the county in which the defendant in fact signed the contract;
	(24)  failing to disclose information concerning goods
	or services which was known at the time of the transaction if such
	failure to disclose such information was intended to induce the
	consumer into a transaction into which the consumer would not have
	entered had the information been disclosed;
	(25)  using the term "corporation," "incorporated," or
	an abbreviation of either of those terms in the name of a business
	entity that is not incorporated under the laws of this state or
	another jurisdiction;
	(26)  selling, offering to sell, or illegally promoting
	an annuity contract under Chapter 22, Acts of the 57th Legislature,
	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
	Statutes), with the intent that the annuity contract will be the
	subject of a salary reduction agreement, as defined by that Act, if
	the annuity contract is not an eligible qualified investment under
	that Act or is not registered with the Teacher Retirement System of
	Texas as required by Section 8A of that Act;
	(27)  taking advantage of a disaster declared by the
	governor under Chapter 418, Government Code, by:
	(A)  selling or leasing fuel, food, medicine, or
	another necessity at an exorbitant or excessive price; or
	(B)  demanding an exorbitant or excessive price in
	connection with the sale or lease of fuel, food, medicine, or
	another necessity;
	(28)  using the translation into a foreign language of
	a title or other word, including "attorney," "lawyer," "licensed,"
	"notary," and "notary public," in any written or electronic
	material, including an advertisement, a business card, a
	letterhead, stationery, a website, or an online video, in reference
	to a person who is not an attorney in order to imply that the person
	is authorized to practice law in the United States;
	(29) [(28)]  delivering or distributing a solicitation
	in connection with a good or service that:
	(A)  represents that the solicitation is sent on
	behalf of a governmental entity when it is not; or
	(B)  resembles a governmental notice or form that
	represents or implies that a criminal penalty may be imposed if the
	recipient does not remit payment for the good or service;
	(30) [(29)]  delivering or distributing a solicitation
	in connection with a good or service that resembles a check or other
	negotiable instrument or invoice, unless the portion of the
	solicitation that resembles a check or other negotiable instrument
	or invoice includes the following notice, clearly and conspicuously
	printed in at least 18-point type:
	"SPECIMEN-NON-NEGOTIABLE";
	(31) [(30)]  in the production, sale, distribution, or
	promotion of a synthetic substance that produces and is intended to
	produce an effect when consumed or ingested similar to, or in excess
	of, the effect of a controlled substance or controlled substance
	analogue, as those terms are defined by Section 481.002, Health and
	Safety Code:
	(A)  making a deceptive representation or
	designation about the synthetic substance; or
	(B)  causing confusion or misunderstanding as to
	the effects the synthetic substance causes when consumed or
	ingested; [or]
	(32) [(31)]  a licensed public insurance adjuster
	directly or indirectly soliciting employment, as defined by Section
	38.01, Penal Code, for an attorney, or a licensed public insurance
	adjuster entering into a contract with an insured for the primary
	purpose of referring the insured to an attorney without the intent
	to actually perform the services customarily provided by a licensed
	public insurance adjuster, provided that this subdivision may not
	be construed to prohibit a licensed public insurance adjuster from
	recommending a particular attorney to an insured; or
	(33)  owning, operating, maintaining, or advertising a
	massage establishment, as defined by Section 455.001, Occupations
	Code, that:
	(A)  is not appropriately licensed under Chapter
	455, Occupations Code, or is not in compliance with the applicable
	licensing and other requirements of that chapter; or
	(B)  is not in compliance with an applicable local
	ordinance relating to the licensing or regulation of massage
	establishments.
	SECTION 2.  Section 125.004, Civil Practice and Remedies
	Code, is amended by adding Subsections (a-1), (a-2), and (e) to read
	as follows:
	(a-1)  Proof in the form of a person's arrest or the
	testimony of a law enforcement agent that an activity described by
	Section 125.0015(a)(6) or (7) is committed at a place licensed as a
	massage establishment under Chapter 455, Occupations Code, or
	advertised as offering massage therapy or massage services is prima
	facie evidence that the defendant knowingly tolerated the activity.
	(a-2)  Proof that an activity described by Section
	125.0015(a)(18) is committed at a place maintained by the defendant
	is prima facie evidence that the defendant:
	(1)  knowingly tolerated the activity; and
	(2)  did not make a reasonable attempt to abate the
	activity.
	(e)  Evidence of a previous suit filed under this chapter
	that resulted in a judgment against a landowner with respect to an
	activity described by Section 125.0015 at the landowner's property
	is admissible in a subsequent suit filed under this chapter to
	demonstrate that the landowner:
	(1)  knowingly tolerated the activity; and
	(2)  did not make a reasonable attempt to abate the
	activity.
	SECTION 3.  Section 411.042(b), Government Code, is amended
	to read as follows:
	(b)  The bureau of identification and records shall:
	(1)  procure and file for record photographs, pictures,
	descriptions, fingerprints, measurements, and other pertinent
	information of all persons arrested for or charged with a criminal
	offense or convicted of a criminal offense, regardless of whether
	the conviction is probated;
	(2)  collect information concerning the number and
	nature of offenses reported or known to have been committed in the
	state and the legal steps taken in connection with the offenses, and
	other information useful in the study of crime and the
	administration of justice, including information that enables the
	bureau to create a statistical breakdown of:
	(A)  offenses in which family violence was
	involved;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02, 43.02(a),
	43.02(b), 43.03, and 43.05, Penal Code;
	(3)  make ballistic tests of bullets and firearms and
	chemical analyses of bloodstains, cloth, materials, and other
	substances for law enforcement officers of the state;
	(4)  cooperate with identification and crime records
	bureaus in other states and the United States Department of
	Justice;
	(5)  maintain a list of all previous background checks
	for applicants for any position regulated under Chapter 1702,
	Occupations Code, who have undergone a criminal history background
	check under Section 411.119, if the check indicates a Class B
	misdemeanor or equivalent offense or a greater offense;
	(6)  collect information concerning the number and
	nature of protective orders and magistrate's orders of emergency
	protection and all other pertinent information about all persons
	subject to active orders, including pertinent information about
	persons subject to conditions of bond imposed for the protection of
	the victim in any family violence, sexual assault or abuse,
	stalking, or trafficking case. Information in the law enforcement
	information system relating to an active order shall include:
	(A)  the name, sex, race, date of birth, personal
	descriptors, address, and county of residence of the person to whom
	the order is directed;
	(B)  any known identifying number of the person to
	whom the order is directed, including the person's social security
	number or driver's license number;
	(C)  the name and county of residence of the
	person protected by the order;
	(D)  the residence address and place of employment
	or business of the person protected by the order, unless that
	information is excluded from the order under Section 85.007, Family
	Code, or Article 17.292(e), Code of Criminal Procedure;
	(E)  the child-care facility or school where a
	child protected by the order normally resides or which the child
	normally attends, unless that information is excluded from the
	order under Section 85.007, Family Code, or Article 17.292(e), Code
	of Criminal Procedure;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, stalking,
	or trafficking case;
	(H)  any minimum distance the person subject to
	the order is required to maintain from the protected places or
	persons; and
	(I)  the date the order expires;
	(7)  grant access to criminal history record
	information in the manner authorized under Subchapter F;
	(8)  collect and disseminate information regarding
	offenders with mental impairments in compliance with Chapter 614,
	Health and Safety Code; and
	(9)  record data and maintain a state database for a
	computerized criminal history record system and computerized
	juvenile justice information system that serves:
	(A)  as the record creation point for criminal
	history record information and juvenile justice information
	maintained by the state; and
	(B)  as the control terminal for the entry of
	records, in accordance with federal law and regulations, federal
	executive orders, and federal policy, into the federal database
	maintained by the Federal Bureau of Investigation.
	SECTION 4.  Section 169.004(c), Health and Safety Code, is
	amended to read as follows:
	(c)  A first offender prostitution prevention program
	established under this chapter shall:
	(1)  notify the criminal justice division of the
	governor's office before or on implementation of the program; and
	(2)  submit to the division an annual report that
	concerns [provide information regarding] the performance of the
	program and includes:
	(A)  the number of participants in the program;
	(B)  a sample or overview of the curriculum;
	(C)  information regarding the program
	administrators;
	(D)  a statement of the program's effectiveness
	for the most recent state fiscal year; and
	(E)  any other information requested by the
	division [to the division on request].
	SECTION 5.  Section 43.03, Penal Code, is amended to read as
	follows:
	Sec. 43.03.  PROMOTION OF PROSTITUTION. (a) A person
	commits an offense if, acting other than as a prostitute receiving
	compensation for personally rendered prostitution services, the
	actor [he or she] knowingly:
	(1)  receives money or other property pursuant to an
	agreement to participate in the proceeds of prostitution; [or]
	(2)  solicits another to engage in sexual conduct with
	another person for compensation; or
	(3)  provides a person or premises for prostitution
	purposes.
	(b)  An offense under this section is a Class A misdemeanor,
	except that the offense is:
	(1)  a state jail felony if the actor has been
	previously convicted of an offense under this section; or
	(2)  a felony of the second degree if the actor engages
	in conduct described by Subsection (a) [(a)(1) or (2)] involving a
	person younger than 18 years of age engaging in prostitution,
	regardless of whether the actor knows the age of the person at the
	time the actor commits the offense.
	SECTION 6.  Chapter 93, Property Code, is amended by adding
	Section 93.013 to read as follows:
	Sec. 93.013.  CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION
	OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision
	in a lease to the contrary, a tenant's right of possession
	terminates and the landlord has a right to recover possession of the
	leased premises if the tenant is using the premises or allowing the
	premises to be used for the purposes of prostitution, promotion of
	prostitution, aggravated promotion of prostitution, or compelling
	prostitution, as prohibited by the Penal Code, or trafficking of
	persons as described by Section 20A.02, Penal Code.
	(b)  A landlord who reasonably believes a tenant is using the
	leased premises or allowing the leased premises to be used for a
	purpose described by Subsection (a) may file a forcible detainer
	suit under Chapter 24 seeking possession of the premises and unpaid
	rent, including rent for any period of occupancy after the tenant's
	right of possession terminates.
	(c)  Notwithstanding Section 24.005 or 91.001 or any other
	law or a provision in the lease to the contrary, the landlord is not
	required for purposes of a forcible detainer suit authorized by
	this section:
	(1)  to give a notice of proposed eviction or a notice
	of termination before giving notice to vacate; or
	(2)  to give the tenant more than three days' notice to
	vacate before filing the suit.
	(d)  A pending suit brought by the attorney general or a
	district, county, or city attorney under Chapter 125, Civil
	Practice and Remedies Code, alleging that a common nuisance is
	being maintained on the leased premises with respect to an activity
	described by Subsection (a) is prima facie evidence that the
	tenant's right of possession has terminated and the landlord has a
	right to recover possession of the premises under Subsection (a).
	(e)  A final, nonappealable determination by a court under
	Chapter 125, Civil Practice and Remedies Code, that a common
	nuisance is being maintained on the leased premises with respect to
	an activity described by Subsection (a) creates an irrebuttable
	presumption that the tenant's right of possession has terminated
	and the landlord has a right to recover possession of the premises
	under Subsection (a).
	SECTION 7.  Section 17.46(b), Business & Commerce Code, as
	amended by this Act, applies only to a cause of action that accrues
	on or after the effective date of this Act. A cause of action that
	accrued before the effective date of this Act is governed by the law
	in effect immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 8.  Section 43.03, Penal Code, as amended by this
	Act, applies 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 9.  Section 93.013, Property Code, as added by this
	Act, applies only to a lease entered into or renewed on or after the
	effective date of this Act. A lease entered into or renewed before
	the effective date of this Act is governed by the law applicable to
	the lease immediately before the effective date of this Act, and
	that law is continued in effect for that purpose.
	SECTION 10.  To the extent of any conflict, this Act prevails
	over another Act of the 85th Legislature, Regular Session, 2017,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 11.  This Act takes effect September 1, 2017.