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.