HBA-AMW H.B. 225 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 225 By: Wise Criminal Jurisprudence 4/29/2001 Introduced BACKGROUND AND PURPOSE Child prostitution is prohibited by international, federal, and state laws, but these laws are not uniform and often do not punish the person who solicits or compels the child prostitute. Current Texas law does not penalize a parent, guardian, or custodian of a minor who knowingly permits the minor to commit prostitution. In addition, current law focuses on the transfer of money or a fee in its definition of prostitution; however, many child prostitutes trade sexual activity for food, shelter, protection, or an end to a debt. House Bill 225 increases the penalty for promotion of prostitution if the prostitute is a person younger than 18 years, creates an offense for a parent, guardian, or custodian of a minor who knowingly permits the minor to commit prostitution, and expands the type of received or proposed remuneration which constitutes prostitution or promotion of prostitution to include any benefit. 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 225 amends the Penal Code to increase the penalty for promotion of prostitution from a Class A misdemeanor to a third degree felony if the prostitute is a person younger than 18 years. The bill also increases the age requirement for a child compelled to prostitution from younger than 17 to younger than 18 years. H.B. 225 provides that a parent or legal guardian or custodian of a minor younger than 18 years commits a third degree felony if the person knowingly permits the minor to commit prostitution. H.B. 225 expands the type of received or proposed remuneration which constitutes prostitution or promotion of prostitution from a fee, compensation, or other property to a benefit. The bill also redefines the term "sexual conduct" to mean sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. EFFECTIVE DATE September 1, 2001.