Sec. 43.021.  SOLICITATION OF PROSTITUTION.  (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 to whom the actor offers or agrees to pay the fee for the purpose of engaging 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.
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.