Texas Solicitation of Prostitution

[Guest 083021-1]

I am referring to HB 1540, signed by both houses of legislature on 5/31, signed by governor on 6/16, effective on 9/1.


Sec. 43.021. SOLICITATION OF PROSTITUTION.
SECTION 29. Sections 43.02(b) and (c-1), Penal Code, are
transferred to Section 43.021, Penal Code, as added by this Act,
redesignated as Sections 43.021(a) and (b), Penal Code,
respectively, and amended to read as follows:
(a) A person commits an offense if the person
knowingly offers or agrees to pay a fee to another person for the
purpose of engaging in sexual conduct with that person or another.
(b) An offense under Subsection (a) is a state
jail felony, except that the offense is:
(1) a felony of the third degree if the
actor has previously been convicted of an offense under Subsection
(a) or under Section 43.02(b), as that law existed before September
1, 2021; or
(2) a felony of the second degree if the person with
whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.