HBA-MSH, SEP H.B. 460 77(R)BILL ANALYSIS
Office of House Bill AnalysisH.B. 460
By: Hartnett
Criminal Jurisprudence
7/18/2001
Enrolled
BACKGROUND AND PURPOSE
Prior to the 77th Legislature, state law provided that the first conviction of a person who knowingly engaged in or offered or agreed to engage in sexual conduct for a fee, or solicited another in a public place to engage in sexual conduct for hire was a Class B misdemeanor. The penalty for subsequent convictions was a Class A misdemeanor. These penalties were determined insufficient to deter this activity. House Bill 460 provides that it is a state jail felony if a person knowingly engages in prostitution and has been previously convicted of one of the above offenses three or more times.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
House Bill 460 amends the Penal Code to provide that it is a state jail felony if a person knowingly engages in or offers or agrees to engage in sexual conduct for a fee, or solicits another in a public place to engage in sexual conduct for hire and has been previously convicted of one of the above offenses three or more times.
EFFECTIVE DATE
September 1, 2001.
1-1 AN ACT
1-2 relating to the penalty for the offense of prostitution.Amended Section 43.02(c), Penal Code
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.02(c), Penal Code, is amended to read
1-5 as follows:
1-6 (c) An offense under this section is a Class B misdemeanor,
1-7 unless the actor has previously been convicted one or two times of
1-8 an offense [previously] under this section, in which event it is a
1-9 Class A misdemeanor. If the actor has previously been convicted
1-10 three or more times of an offense under this section, the offense
1-11 is a state jail felony.
1-12 SECTION 2. This Act takes effect September 1, 2001, and
1-13 applies only to an offense committed on or after that date. An
1-14 offense committed before the effective date of this Act is covered
1-15 by the law in effect when the offense was committed, and the former
1-16 law is continued in effect for that purpose. For purposes of this
1-17 section, an offense was committed before the effective date of this
1-18 Act if any element of the offense occurred before that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 460 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 460 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 460 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor
The Clarity site does not encourage nor condone illegal sexual conduct. Offering, agreeing, or engaging in sexual conduct for a fee is prostitution which is illegal in Texas. Illegal prostitution should be avoided. As consenting adults, it is hoped that we can safely enjoy the free sharing of sexual favors, if that is our desire.