Tex. Penal Code § 43.021 · Subchapter A. PROSTITUTION
SOLICITATION OF PROSTITUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 respect to whom the actor offers or 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.
(b-1) The punishment prescribed for an offense under Subsection (a) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the premises of a school; or
(2) on premises or within 1,000 feet of premises where:
(A) an official school function was taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.
(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 28, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 30, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.03, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.04, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.003, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 250 (H.B. 1778), Sec. 2.01, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm
- Text hash
- sha256 178f8668da0d2b125493a659b62d4895863050dbb31000ccbf0a36457044e604
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 19 provisions
Provisions in this library whose text cites Tex. Penal Code § 43.021. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Code of Criminal Procedure
Education Code
Family Code
Government Code
- Tex. Gov't Code § 71.0353TRAFFICKING OF PERSONS INFORMATION.Printed as Section 43.021, Penal Code
- Tex. Gov't Code § 402.035HUMAN TRAFFICKING PREVENTION TASK FORCE.Printed as Section 43.021, Penal Code
- Tex. Gov't Code § 411.042BUREAU OF IDENTIFICATION AND RECORDS.Printed as Sections 20A.02, 43.02, 43.021, 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code
Health and Safety Code
Occupations Code
- Tex. Occ. Code § 455.005EFFECT ON LOCAL LAW.Printed as Section 34.02, 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal Code | Section 43.02, 43.021, 43.03, 43.032, 43.04, 43.05, or 71.02, Penal Code
- Tex. Occ. Code § 455.152INELIGIBILITY FOR LICENSE.Printed as Section 21.02, 21.09, 21.11, 21.12, 21.15, 21.16, 21.165, 21.18, 22.011, 22.012, 22.021, 25.02, 43.021, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.26, or 43.262, Penal Code | Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code
- Tex. Occ. Code § 455.251GROUNDS FOR LICENSE DENIAL, DISCIPLINARY ACTION, OR ADMINISTRATIVE PENALTY.Printed as Section 43.021, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code
Penal Code
- Tex. Penal Code § 20A.02TRAFFICKING OF PERSONS.Printed as Section 43.021
- Tex. Penal Code § 25.08SALE OR PURCHASE OF CHILD.Printed as Section 20A.02, 43.021, 43.05, or 43.25
- Tex. Penal Code § 25.081UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD.Printed as Section 20A.02, 43.021, 43.05, 43.25, 43.251, or 43.26
- Tex. Penal Code § 43.01DEFINITIONS.Printed as Section 43.021
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.