Bill renaming child pornography as child sexual abuse material

The text as introduced · 7,309 words

89R4486 JDK-D

By: Paul
H.B. No. 1552

A BILL TO BE ENTITLED

AN ACT

relating to changing the name of the offense of child pornography to

child sexual abuse material and to updating references to conform

to that terminology.

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

SECTION 1. The heading to Section 43.26, Penal Code, is

amended to read as follows:

Sec. 43.26. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE

MATERIAL [ PORNOGRAPHY ].

SECTION 2. The heading to Chapter 110, Business & Commerce

Code, is amended to read as follows:

CHAPTER 110. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD SEXUAL

ABUSE MATERIAL [ PORNOGRAPHY ]

SECTION 3. Section 110.001(1), Business & Commerce Code, is

amended to read as follows:

(1) "Child sexual abuse material [ pornography ]" means

an image of a child engaging in sexual conduct or sexual

performance.

SECTION 4. The heading to Section 110.002, Business &

Commerce Code, is amended to read as follows:

Sec. 110.002. REPORTING OF IMAGES OF CHILD SEXUAL ABUSE

MATERIAL [ PORNOGRAPHY ].

SECTION 5. Sections 110.002(a) and (c), Business & Commerce

Code, are amended to read as follows:

(a) A computer technician who, in the course and scope of

employment or business, views an image on a computer that is or

appears to be child sexual abuse material [ pornography ] shall

immediately report the discovery of the image to a local or state

law enforcement agency or the Cyber Tipline at the National Center

for Missing and Exploited Children. The report must include the

name and address of the owner or person claiming a right to

possession of the computer, if known, and as permitted by federal

law.

(c) A telecommunications provider, commercial mobile

service provider, or information service provider may not be held

liable under this chapter for the failure to report child sexual

abuse material [ pornography ] that is transmitted or stored by a

user of the service.

SECTION 6. Section 110.003(b), Business & Commerce Code, is

amended to read as follows:

(b) It is a defense to prosecution under this section that

the actor did not report the discovery of an image of child sexual

abuse material [ pornography ] because the child in the image

appeared to be at least 18 years of age.

SECTION 7. Section 509.053(a), Business & Commerce Code, as

added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,

Regular Session, 2023, is amended to read as follows:

(a) In relation to a known minor's use of a digital service,

a digital service provider shall develop and implement a strategy

to prevent the known minor's exposure to harmful material and other

content that promotes, glorifies, or facilitates:

(1) suicide, self-harm, or eating disorders;

(2) substance abuse;

(3) stalking, bullying, or harassment; or

(4) grooming, trafficking, child sexual abuse

material [ pornography ], or other sexual exploitation or abuse.

SECTION 8. Section 129B.004, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 129B.004. SEXUAL MATERIALS HEALTH WARNINGS. A

commercial entity required to use reasonable age verification

methods under Section 129B.002(a) shall:

(1) display the following notices on the landing page

of the Internet website on which sexual material harmful to minors

is published or distributed and all advertisements for that

Internet website in 14-point font or larger:

"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography

is potentially biologically addictive, is proven to harm human

brain development, desensitizes brain reward circuits, increases

conditioned responses, and weakens brain function."

"TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to

this content is associated with low self-esteem and body image,

eating disorders, impaired brain development, and other emotional

and mental illnesses."

"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography

increases the demand for prostitution, child exploitation, and

child sexual abuse material [ pornography ]."; and

(2) display the following notice at the bottom of

every page of the Internet website in 14-point font or larger:

"U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

HELPLINE:

1-800-662-HELP (4357) THIS HELPLINE IS A FREE, CONFIDENTIAL

INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY,

FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR

SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL

TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED

ORGANIZATIONS."

SECTION 9. Article 12.01, Code of Criminal Procedure, as

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

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

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

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

2023, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Articles

12.015 and 12.03, felony indictments may be presented within these

limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

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

Penal Code, or aggravated sexual assault under Section

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

(C) sexual assault, if:

(i) during the investigation of the offense

biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

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

the victim or any other person whose identity is readily

ascertained; or

(ii) probable cause exists to believe that

the defendant has committed the same or a similar sex offense

against five or more victims;

(D) continuous sexual abuse of young child or

disabled individual under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11,

Penal Code;

(F) an offense involving leaving the scene of a

collision under Section 550.021, Transportation Code, if the

collision resulted in the death of a person;

(G) trafficking of persons under Section

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

(H) continuous trafficking of persons under

Section 20A.03, Penal Code;

(I) compelling prostitution under Section

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

(J) tampering with physical evidence under

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

(i) the evidence tampered with is a human

corpse, as defined by that section; or

(ii) the investigation of the offense shows

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

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

that the evidence tampered with is related to a criminal homicide

under Chapter 19, Penal Code;

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

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

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

Code, if:

(i) the offense is punishable under

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

habitation with the intent to commit an offense under Section

22.011 or 22.021, Penal Code; and

(ii) during the investigation of the

offense biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

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

the victim or any other person whose identity is readily

ascertained;

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

offense:

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

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

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

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government

property over which the public servant exercises control in the

public servant's official capacity;

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

forged instruments;

(D) injury to an elderly or disabled individual

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

Penal Code;

(E) sexual assault, except as provided by

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

(F) arson;

(G) trafficking of persons under Section

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

(H) compelling prostitution under Section

43.05(a)(1), Penal Code;

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

offense:

(A) misapplication of fiduciary property or

property of a financial institution;

(B) fraudulent securing of document execution;

(C) a felony violation under Chapter 162, Tax

Code;

(D) false statement to obtain property or credit

under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section

32.31, Penal Code;

(G) fraudulent use or possession of identifying

information under Section 32.51, Penal Code;

(H) exploitation of a child, elderly individual,

or disabled individual under Section 32.53, Penal Code;

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

Code;

(J) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (7); or

(K) possession or promotion of child sexual abuse

material [ pornography ] under Section 43.26, Penal Code;

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

offense:

(A) theft or robbery;

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

kidnapping;

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

(1) or (5), burglary;

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

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

under Section 22.04, Penal Code;

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

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

(F) [ (E) ] insurance fraud;

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

Code, if the assault was committed against a person whose

relationship to or association with the defendant is described by

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

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

under Section 25.11, Penal Code; or

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

22.02, Penal Code;

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

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

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

the following offenses:

(A) kidnapping under Section 20.03, Penal Code,

or aggravated kidnapping under Section 20.04, Penal Code; or

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

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

punishable under Subsection (d) of that section because the

defendant entered a habitation with the intent to commit an offense

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

(A) of this subdivision;

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

one of the following offenses:

(A) trafficking of a child [ persons ] under

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

(B) sexual performance by a child under Section

43.25, Penal Code;

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

the offense:

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

Code;

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

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

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

purports to marry or with whom the defendant lives under the

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

time the offense is committed; or

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

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

discovered: trafficking of a disabled individual under Section

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

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

discovered: sexual assault punishable as a state jail felony under

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

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

of the offense: all other felonies.

SECTION 10. Articles 18.18(a), (b), (e), (f), (g), and (h),

Code of Criminal Procedure, are amended to read as follows:

(a) Following the final conviction of a person for

possession of a gambling device or equipment, altered gambling

equipment, or gambling paraphernalia, for an offense involving a

criminal instrument, for an offense involving an obscene device or

material, for an offense involving child sexual abuse material

[ pornography ], or for an offense involving a scanning device or

re-encoder, the court entering the judgment of conviction shall

order that the machine, device, gambling equipment or gambling

paraphernalia, instrument, obscene device or material, child

sexual abuse material [ pornography ], or scanning device or

re-encoder be destroyed or forfeited to the state. Not later than

the 30th day after the final conviction of a person for an offense

involving a prohibited weapon, the court entering the judgment of

conviction on its own motion, on the motion of the prosecuting

attorney in the case, or on the motion of the law enforcement agency

initiating the complaint on notice to the prosecuting attorney in

the case if the prosecutor fails to move for the order shall order

that the prohibited weapon be destroyed or forfeited to the law

enforcement agency that initiated the complaint. If the court fails

to enter the order within the time required by this subsection, any

magistrate in the county in which the offense occurred may enter the

order. Following the final conviction of a person for an offense

involving dog fighting, the court entering the judgment of

conviction shall order that any dog-fighting equipment be destroyed

or forfeited to the state. Destruction of dogs, if necessary, must

be carried out by a veterinarian licensed in this state or, if one

is not available, by trained personnel of a humane society or an

animal shelter. If forfeited, the court shall order the contraband

delivered to the state, any political subdivision of the state, or

to any state institution or agency. If gambling proceeds were

seized, the court shall order them forfeited to the state and shall

transmit them to the grand jury of the county in which they were

seized for use in investigating alleged violations of the Penal

Code, or to the state, any political subdivision of the state, or to

any state institution or agency.

(b) If there is no prosecution or conviction following

seizure, the magistrate to whom the return was made shall notify in

writing the person found in possession of the alleged gambling

device or equipment, altered gambling equipment or gambling

paraphernalia, gambling proceeds, prohibited weapon, obscene

device or material, child sexual abuse material [ pornography ],

scanning device or re-encoder, criminal instrument, or

dog-fighting equipment to show cause why the property seized should

not be destroyed or the proceeds forfeited. The magistrate, on the

motion of the law enforcement agency seizing a prohibited weapon,

shall order the weapon destroyed or forfeited to the law

enforcement agency seizing the weapon, unless a person shows cause

as to why the prohibited weapon should not be destroyed or

forfeited. A law enforcement agency shall make a motion under this

subsection [ section ] in a timely manner after the time at which the

agency is informed in writing by the attorney representing the

state that no prosecution will arise from the seizure.

(e) Any person interested in the alleged gambling device or

equipment, altered gambling equipment or gambling paraphernalia,

gambling proceeds, prohibited weapon, obscene device or material,

child sexual abuse material [ pornography ], scanning device or

re-encoder, criminal instrument, or dog-fighting equipment seized

must appear before the magistrate on the 20th day following the date

the notice was mailed or posted. Failure to timely appear forfeits

any interest the person may have in the property or proceeds seized,

and no person after failing to timely appear may contest

destruction or forfeiture.

(f) If a person timely appears to show cause why the

property or proceeds should not be destroyed or forfeited, the

magistrate shall conduct a hearing on the issue and determine the

nature of property or proceeds and the person's interest therein.

Unless the person proves by a preponderance of the evidence that the

property or proceeds is not gambling equipment, altered gambling

equipment, gambling paraphernalia, gambling device, gambling

proceeds, prohibited weapon, obscene device or material, child

sexual abuse material [ pornography ], criminal instrument, scanning

device or re-encoder, or dog-fighting equipment and that the person

[ he ] is entitled to possession, the magistrate shall dispose of the

property or proceeds in accordance with Subsection [ Paragraph ] (a)

[ of this article ].

(g) For purposes of this article:

(1) "criminal instrument" has the meaning defined in

the Penal Code;

(2) "gambling device or equipment, altered gambling

equipment or gambling paraphernalia" has the meaning defined in the

Penal Code;

(3) "prohibited weapon" has the meaning defined in the

Penal Code;

(4) "dog-fighting equipment" means:

(A) equipment used for training or handling a

fighting dog, including a harness, treadmill, cage, decoy, pen,

house for keeping a fighting dog, feeding apparatus, or training

pen;

(B) equipment used for transporting a fighting

dog, including any automobile[ , ] or other vehicle, and its

appurtenances which are intended to be used as a vehicle for

transporting a fighting dog;

(C) equipment used to promote or advertise an

exhibition of dog fighting, including a printing press or similar

equipment, paper, ink, or photography equipment; or

(D) a dog trained, being trained, or intended to

be used to fight with another dog;

(5) "obscene device" and "obscene" have the meanings

assigned by Section 43.21, Penal Code;

(6) "re-encoder" has the meaning assigned by Section

522.001, Business & Commerce Code;

(7) "scanning device" has the meaning assigned by

Section 522.001, Business & Commerce Code; and

(8) "obscene material" and "child sexual abuse

material [ pornography ]" include digital images and the media and

equipment on which those images are stored.

(h) No provider of an electronic communication service or of

a remote computing service to the public shall be held liable for an

offense involving obscene material or child sexual abuse material

[ pornography ] under this article [ section ] on account of any action

taken in good faith in providing that service.

SECTION 11. Section 2(a), Article 38.37, Code of Criminal

Procedure, is amended to read as follows:

(a) Subsection (b) applies only to the trial of a defendant

for:

(1) an offense under any of the following provisions

of the Penal Code:

(A) Section 20A.02, if punishable as a felony of

the first degree under Section 20A.02(b)(1) (Labor or Sex

Trafficking of a Child or Disabled Individual);

(B) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

(C) Section 21.11 (Indecency With a Child);

(D) Section 22.011(a)(2) (Sexual Assault of a

Child);

(E) Sections 22.021(a)(1)(B) and (2) (Aggravated

Sexual Assault of a Child);

(F) Section 33.021 (Online Solicitation of a

Minor);

(G) Section 43.25 (Sexual Performance by a

Child); or

(H) Section 43.26 (Possession or Promotion of

Child Sexual Abuse Material [ Pornography ]), Penal Code; or

(2) an attempt or conspiracy to commit an offense

described by Subdivision (1).

SECTION 12. Article 38.45(a), Code of Criminal Procedure,

is amended to read as follows:

(a) During the course of a criminal hearing or proceeding,

the court may not make available or allow to be made available for

copying or dissemination to the public property or material:

(1) that constitutes child sexual abuse material

[ pornography ], as described by Section 43.26(a)(1), Penal Code;

(2) the promotion or possession of which is prohibited

under Section 43.261, Penal Code; or

(3) that is described by Section 2 or 5, Article

38.071, of this code.

SECTION 13. Article 39.15(a), Code of Criminal Procedure,

is amended to read as follows:

(a) In the manner provided by this article, a court shall

allow discovery under Article 39.14 of property or material:

(1) that constitutes child sexual abuse material

[ pornography ], as described by Section 43.26(a)(1), Penal Code;

(2) the promotion or possession of which is prohibited

under Section 43.261, Penal Code; or

(3) that is described by Section 2 or 5, Article

38.071, of this code.

SECTION 14. Article 42A.054(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Article 42A.053 does not apply to a defendant adjudged

guilty of an offense under:

(1) Section 15.03, Penal Code, if the offense is

punishable as a felony of the first degree;

(2) Section 19.02, Penal Code (Murder);

(3) Section 19.03, Penal Code (Capital Murder);

(4) Section 20.04, Penal Code (Aggravated

Kidnapping);

(5) Section 20A.02, Penal Code (Trafficking of

Persons);

(6) Section 20A.03, Penal Code (Continuous

Trafficking of Persons);

(7) Section 21.11, Penal Code (Indecency with a

Child);

(8) Section 22.011, Penal Code (Sexual Assault);

(9) Section 22.021, Penal Code (Aggravated Sexual

Assault);

(10) Section 22.04(a)(1), Penal Code (Injury to a

Child, Elderly Individual, or Disabled Individual), if:

(A) the offense is punishable as a felony of the

first degree; and

(B) the victim of the offense is a child;

(11) Section 29.03, Penal Code (Aggravated Robbery);

(12) Section 30.02, Penal Code (Burglary), if:

(A) the offense is punishable under Subsection

(d) of that section; and

(B) the actor committed the offense with the

intent to commit a felony under Section 21.02, 21.11, 22.011,

22.021, or 25.02, Penal Code;

(13) Section 43.04, Penal Code (Aggravated Promotion

of Prostitution);

(14) Section 43.05, Penal Code (Compelling

Prostitution);

(15) Section 43.25, Penal Code (Sexual Performance by

a Child);

(16) Section 43.26, Penal Code (Possession or

Promotion of Child Sexual Abuse Material [ Pornography ]);

(17) Chapter 481, Health and Safety Code, for which

punishment is increased under:

(A) Section 481.140 of that code (Use of Child in

Commission of Offense); or

(B) Section 481.134(c), (d), (e), or (f) of that

code (Drug-free Zones) if it is shown that the defendant has been

previously convicted of an offense for which punishment was

increased under any of those subsections; or

(18) Section 481.1123, Health and Safety Code

(Manufacture or Delivery of Substance in Penalty Group 1-B), if the

offense is punishable under Subsection (d), (e), or (f) of that

section.

SECTION 15. Article 42A.251(2), Code of Criminal Procedure,

is amended to read as follows:

(2) "Sex offender" means a person who has been

convicted of, or has entered a plea of guilty or nolo contendere

for, an offense under any one of the following provisions of the

Penal Code:

(A) Section 20.04(a)(4) (Aggravated Kidnapping),

if the person committed the offense with the intent to violate or

abuse the victim sexually;

(B) Section 21.08 (Indecent Exposure);

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

(D) Section 22.011 (Sexual Assault);

(E) Section 22.021 (Aggravated Sexual Assault);

(F) Section 25.02 (Prohibited Sexual Conduct);

(G) Section 30.02 (Burglary), if:

(i) the offense is punishable under

Subsection (d) of that section; and

(ii) the person committed the offense with

the intent to commit a felony listed in this subdivision;

(H) Section 43.25 (Sexual Performance by a

Child); or

(I) Section 43.26 (Possession or Promotion of

Child Sexual Abuse Material [ Pornography ]).

SECTION 16. Article 62.001(5), Code of Criminal Procedure,

is amended to read as follows:

(5) "Reportable conviction or adjudication" means a

conviction or adjudication, including an adjudication of

delinquent conduct or a deferred adjudication, that, regardless of

the pendency of an appeal, is a conviction for or an adjudication

for or based on:

(A) a violation of Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.09

(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual

assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited

sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 43.05 (Compelling prostitution), 43.25

(Sexual performance by a child), or 43.26 (Possession or promotion

of child sexual abuse material [ pornography ]), Penal Code;

(B-1) a violation of Section 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(C) a violation of Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the actor committed the

offense or engaged in the conduct with intent to violate or abuse

the victim sexually;

(D) a violation of Section 30.02 (Burglary),

Penal Code, if the offense or conduct is punishable under

Subsection (d) of that section and the actor committed the offense

or engaged in the conduct with intent to commit a felony listed in

Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful

restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),

Penal Code, if, as applicable:

(i) the judgment in the case contains an

affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers

in the case contain an affirmative finding that the victim or

intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08

(Indecent exposure), Penal Code, but not if the second violation

results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense or engage in

conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);

(H) a violation of the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),

(G), (J), (K), or (L), but not if the violation results in a

deferred adjudication;

(I) the second violation of the laws of another

state, federal law, the laws of a foreign country, or the Uniform

Code of Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of the offense of indecent exposure, but not if the second violation

results in a deferred adjudication;

(J) a violation of Section 33.021 (Online

solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code; or

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code.

SECTION 17. Section 201.062(a), Estates Code, is amended to

read as follows:

(a) A probate court may enter an order declaring that the

parent of a child under 18 years of age may not inherit from or

through the child under the laws of descent and distribution if the

court finds by clear and convincing evidence that the parent has:

(1) voluntarily abandoned and failed to support the

child in accordance with the parent's obligation or ability for at

least three years before the date of the child's death, and did not

resume support for the child before that date;

(2) voluntarily and with knowledge of the pregnancy:

(A) abandoned the child's mother beginning at a

time during her pregnancy with the child and continuing through the

birth;

(B) failed to provide adequate support or medical

care for the mother during the period of abandonment before the

child's birth; and

(C) remained apart from and failed to support the

child since birth; or

(3) been convicted or has been placed on community

supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code or adjudicated under Title 3, Family Code, for conduct that

caused the death or serious injury of a child and that would

constitute a violation of one of the following sections of the Penal

Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 21.11 (indecency with a child);

(E) Section 22.01 (assault);

(F) Section 22.011 (sexual assault);

(G) Section 22.02 (aggravated assault);

(H) Section 22.021 (aggravated sexual assault);

(I) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(J) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

(K) Section 25.02 (prohibited sexual conduct);

(L) Section 43.25 (sexual performance by a

child); or

(M) Section 43.26 (possession or promotion of

child sexual abuse material [ pornography ]).

SECTION 18. Section 161.001(b), Family Code, is amended to

read as follows:

(b) The court may order termination of the parent-child

relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

(B) voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

(C) voluntarily left the child alone or in the

possession of another without providing adequate support of the

child and remained away for a period of at least six months;

(D) knowingly placed or knowingly allowed the

child to remain in conditions or surroundings which endanger the

physical or emotional well-being of the child;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

(F) failed to support the child in accordance

with the parent's ability during a period of one year ending within

six months of the date of the filing of the petition;

(G) abandoned the child without identifying the

child or furnishing means of identification, and the child's

identity cannot be ascertained by the exercise of reasonable

diligence;

(H) voluntarily, and with knowledge of the

pregnancy, abandoned the mother of the child beginning at a time

during her pregnancy with the child and continuing through the

birth, failed to provide adequate support or medical care for the

mother during the period of abandonment before the birth of the

child, and remained apart from the child or failed to support the

child since the birth;

(I) contumaciously refused to submit to a

reasonable and lawful order of a court under Subchapter D, Chapter

261;

(J) been the major cause of:

(i) the failure of the child to be enrolled

in school as required by the Education Code; or

(ii) the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

(K) executed before or after the suit is filed an

unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

(L) been convicted or has been placed on

community supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code, or under a law of another jurisdiction that contains elements

that are substantially similar to the elements of an offense under

one of the following Penal Code sections, or adjudicated under

Title 3 for conduct that caused the death or serious injury of a

child and that would constitute a violation of one of the following

Penal Code sections:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii) Section 19.04 (manslaughter);

(iv) Section 21.11 (indecency with a

child);

(v) Section 22.01 (assault);

(vi) Section 22.011 (sexual assault);

(vii) Section 22.02 (aggravated assault);

(viii) Section 22.021 (aggravated sexual

assault);

(ix) Section 22.04 (injury to a child,

elderly individual, or disabled individual);

(x) Section 22.041 (abandoning or

endangering a child, elderly individual, or disabled individual);

(xi) Section 25.02 (prohibited sexual

conduct);

(xii) Section 43.25 (sexual performance by

a child);

(xiii) Section 43.26 (possession or

promotion of child sexual abuse material [ pornography ]);

(xiv) Section 21.02 (continuous sexual

abuse of young child or disabled individual);

(xv) Section 20A.02(a)(7) or (8)

(trafficking of persons); and

(xvi) Section 43.05(a)(2) (compelling

prostitution);

(M) had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

(N) constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services for not less than six

months, and:

(i) the department has made reasonable

efforts to return the child to the parent;

(ii) the parent has not regularly visited

or maintained significant contact with the child; and

(iii) the parent has demonstrated an

inability to provide the child with a safe environment;

(O) failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child;

(P) used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, and:

(i) failed to complete a court-ordered

substance abuse treatment program; or

(ii) after completion of a court-ordered

substance abuse treatment program, continued to abuse a controlled

substance;

(Q) knowingly engaged in criminal conduct that

has resulted in the parent's:

(i) conviction of an offense; and

(ii) confinement or imprisonment and

inability to care for the child for not less than two years from the

date of filing the petition;

(R) been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription;

(S) voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child;

(T) been convicted of:

(i) the murder of the other parent of the

child under Section 19.02 or 19.03, Penal Code, or under a law of

another state, federal law, the law of a foreign country, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

19.02 or 19.03, Penal Code;

(ii) criminal attempt under Section 15.01,

Penal Code, or under a law of another state, federal law, the law of

a foreign country, or the Uniform Code of Military Justice that

contains elements that are substantially similar to the elements of

an offense under Section 15.01, Penal Code, to commit the offense

described by Subparagraph (i);

(iii) criminal solicitation under Section

15.03, Penal Code, or under a law of another state, federal law, the

law of a foreign country, or the Uniform Code of Military Justice

that contains elements that are substantially similar to the

elements of an offense under Section 15.03, Penal Code, of the

offense described by Subparagraph (i); or

(iv) the sexual assault of the other parent

of the child under Section 22.011 or 22.021, Penal Code, or under a

law of another state, federal law, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 22.011 or 22.021, Penal

Code;

(U) been placed on community supervision,

including deferred adjudication community supervision, or another

functionally equivalent form of community supervision or

probation, for being criminally responsible for the sexual assault

of the other parent of the child under Section 22.011 or 22.021,

Penal Code, or under a law of another state, federal law, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

22.011 or 22.021, Penal Code; or

(V) been convicted of:

(i) criminal solicitation of a minor under

Section 15.031, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 15.031, Penal Code; or

(ii) online solicitation of a minor under

Section 33.021, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 33.021, Penal Code; and

(2) that termination is in the best interest of the

child.

SECTION 19. Section 261.001(1), Family Code, is amended to

read as follows:

(1) "Abuse" includes the following acts or omissions

by a person:

(A) mental or emotional injury to a child that

results in an observable and material impairment in the child's

growth, development, or psychological functioning;

(B) causing or permitting the child to be in a

situation in which the child sustains a mental or emotional injury

that results in an observable and material impairment in the

child's growth, development, or psychological functioning;

(C) physical injury that results in substantial

harm to the child, or the genuine threat of substantial harm from

physical injury to the child, including an injury that is at

variance with the history or explanation given and excluding an

accident or reasonable discipline by a parent, guardian, or

managing or possessory conservator that does not expose the child

to a substantial risk of harm;

(D) failure to make a reasonable effort to

prevent an action by another person that results in physical injury

that results in substantial harm to the child;

(E) sexual conduct harmful to a child's mental,

emotional, or physical welfare, including conduct that constitutes

the offense of continuous sexual abuse of young child or disabled

individual under Section 21.02, Penal Code, indecency with a child

under Section 21.11, Penal Code, sexual assault under Section

22.011, Penal Code, or aggravated sexual assault under Section

22.021, Penal Code;

(F) failure to make a reasonable effort to

prevent sexual conduct harmful to a child;

(G) compelling or encouraging the child to engage

in sexual conduct as defined by Section 43.01, Penal Code,

including compelling or encouraging the child in a manner that

constitutes an offense of trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under

Section 43.021, Penal Code, or compelling prostitution under

Section 43.05(a)(2), Penal Code;

(H) causing, permitting, encouraging, engaging

in, or allowing the photographing, filming, or depicting of the

child if the person knew or should have known that the resulting

photograph, film, or depiction of the child :

(i) is obscene as defined by Section 43.21,

Penal Code ; [ , ] or

(ii) constitutes child sexual abuse

material [ pornographic ];

(I) the current use by a person of a controlled

substance as defined by Chapter 481, Health and Safety Code, in a

manner or to the extent that the use results in physical, mental, or

emotional injury to a child;

(J) causing, expressly permitting, or

encouraging a child to use a controlled substance as defined by

Chapter 481, Health and Safety Code;

(K) causing, permitting, encouraging, engaging

in, or allowing a sexual performance by a child as defined by

Section 43.25, Penal Code;

(L) knowingly causing, permitting, encouraging,

engaging in, or allowing a child to be trafficked in a manner

punishable as an offense under Section 20A.02(a)(5), (6), (7), or

(8), Penal Code, or the failure to make a reasonable effort to

prevent a child from being trafficked in a manner punishable as an

offense under any of those sections; or

(M) forcing or coercing a child to enter into a

marriage.

SECTION 20. Section 262.2015(b), Family Code, is amended to

read as follows:

(b) The court may find under Subsection (a) that a parent

has subjected the child to aggravated circumstances if:

(1) the parent abandoned the child without

identification or a means for identifying the child;

(2) the child or another child of the parent is a

victim of serious bodily injury or sexual abuse inflicted by the

parent or by another person with the parent's consent;

(3) the parent has engaged in conduct against the

child or another child of the parent that would constitute an

offense under the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 21.11 (indecency with a child);

(E) Section 22.011 (sexual assault);

(F) Section 22.02 (aggravated assault);

(G) Section 22.021 (aggravated sexual assault);

(H) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(I) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

(J) Section 25.02 (prohibited sexual conduct);

(K) Section 43.25 (sexual performance by a

child);

(L) Section 43.26 (possession or promotion of

child sexual abuse material [ pornography ]);

(M) Section 21.02 (continuous sexual abuse of

young child or disabled individual);

(N) Section 43.05(a)(2) (compelling

prostitution); or

(O) Section 20A.02(a)(7) or (8) (trafficking of

persons);

(4) the parent voluntarily left the child alone or in

the possession of another person not the parent of the child for at

least six months without expressing an intent to return and without

providing adequate support for the child;

(5) the parent has been convicted for:

(A) the murder of another child of the parent and

the offense would have been an offense under 18 U.S.C. Section

1111(a) if the offense had occurred in the special maritime or

territorial jurisdiction of the United States;

(B) the voluntary manslaughter of another child

of the parent and the offense would have been an offense under 18

U.S.C. Section 1112(a) if the offense had occurred in the special

maritime or territorial jurisdiction of the United States;

(C) aiding or abetting, attempting, conspiring,

or soliciting an offense under Paragraph (A) or (B); or

(D) the felony assault of the child or another

child of the parent that resulted in serious bodily injury to the

child or another child of the parent; or

(6) the parent is required under any state or federal

law to register with a sex offender registry.

SECTION 21. Section 20A.02(a), Penal Code, is amended to

read as follows:

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

(1) traffics another person with the intent that the

trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture

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

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

services;

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

or coercion, causes the trafficked person to engage in conduct

prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

(B-1) Section 43.031 (Online Promotion of

Prostitution);

(C) Section 43.04 (Aggravated Promotion of

Prostitution);

(C-1) Section 43.041 (Aggravated Online

Promotion of Prostitution); or

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture

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

in sexual conduct with a person trafficked in the manner described

in Subdivision (3);

(5) traffics a child or disabled individual with the

intent that the trafficked child or disabled individual engage in

forced labor or services;

(6) receives a benefit from participating in a venture

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

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

services;

(7) traffics a child or disabled individual and by any

means causes the trafficked child or disabled individual to engage

in, or become the victim of, conduct prohibited by:

(A) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

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

(C) Section 22.011 (Sexual Assault);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

(E-1) Section 43.021 (Solicitation of

Prostitution);

(F) Section 43.03 (Promotion of Prostitution);

(F-1) Section 43.031 (Online Promotion of

Prostitution);

(G) Section 43.04 (Aggravated Promotion of

Prostitution);

(G-1) Section 43.041 (Aggravated Online

Promotion of Prostitution);

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a

Child);

(J) Section 43.251 (Employment Harmful to

Children); or

(K) Section 43.26 (Possession or Promotion of

Child Sexual Abuse Material [ Pornography ]); or

(8) receives a benefit from participating in a venture

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

in sexual conduct with a child or disabled individual trafficked in

the manner described in Subdivision (7).

SECTION 22. This Act takes effect September 1, 2025.