H.B. No. 4009
AN ACT
relating to the provision of services to certain persons involved
in, and the prosecution, punishment, and prevention of, offenses
involving trafficking of persons or certain forced or sex-based
labor or services, and to law enforcement training related to
offenses involving that trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.035 to read as follows:
Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE.
(a) In this section, "task force" means the human trafficking
prevention task force.
(b) The office of the attorney general shall establish the
human trafficking prevention task force to develop policies and
procedures to assist in the prevention and prosecution of human
trafficking crimes.
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(5) the public safety director of the Department of
Public Safety or the director's designee;
(6) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) the Texas Youth Commission;
(D) the Texas Juvenile Probation Commission; and
(E) the Texas Alcoholic Beverage Commission; and
(7) as appointed by the attorney general:
(A) a public defender, as defined by Article
26.044, Code of Criminal Procedure;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association; and
(iii) a state police association;
(D) representatives of sheriff's departments;
(E) representatives of local law enforcement
agencies affected by human trafficking; and
(F) representatives of nongovernmental entities
making comprehensive efforts to combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to
human trafficking victims;
(iii) participating in community outreach
or public awareness efforts regarding human trafficking;
(iv) providing or developing training
regarding the prevention of human trafficking; or
(v) engaging in other activities designed
to prevent human trafficking.
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys for the districts of
Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) the United States Immigration and
Customs Enforcement Agency; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state;
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state that assists in the
prevention of human trafficking collects statistical data related
to human trafficking, including, as appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
and
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if committed as part of a criminal
episode involving the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked and geographic patterns in human
trafficking, including the country or state of origin and the
country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Commission on Law Enforcement
Officer Standards and Education to develop and conduct training for
law enforcement personnel, victim service providers, and medical
service providers to identify victims of human trafficking;
(6) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(7) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(8) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking; and
(9) develop recommendations on how to strengthen state
and local efforts to prevent human trafficking, protect and assist
human trafficking victims, and prosecute human trafficking
offenders.
(e) The presiding officer of the task force is the attorney
general or the attorney general's designee.
(f) The office of the attorney general shall supervise the
administration of the task force. The attorney general shall
provide the necessary staff and facilities to assist the task force
in performing its duties.
(g) Not later than December 1 of each even-numbered year,
the task force shall submit a report regarding the task force's
activities, findings, and recommendations, including any proposed
legislation, to the governor, the lieutenant governor, and the
legislature.
(h) This section expires September 1, 2013.
SECTION 2. Chapter 531, Government Code, is amended by
adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. ASSISTANCE PROGRAM FOR DOMESTIC VICTIMS OF
TRAFFICKING
Sec. 531.381. DEFINITIONS. In this subchapter:
(1) "Domestic victim" means a victim of trafficking
who is a permanent legal resident or citizen of the United States.
(2) "Victim of trafficking" has the meaning assigned
by 22 U.S.C. Section 7102.
Sec. 531.382. VICTIM ASSISTANCE PROGRAM ESTABLISHED. The
commission shall develop and implement a program designed to assist
domestic victims, including victims who are children, in accessing
necessary services. The program must consist of at least the
following components:
(1) a searchable database of assistance programs for
domestic victims, including programs that provide mental health
services, other health services, services to meet victims' basic
needs, case management services, and any other services the
commission considers appropriate, that may be used to match victims
with appropriate resources;
(2) the grant program described by Section 531.383;
(3) recommended training programs for judges,
prosecutors, and law enforcement personnel; and
(4) an outreach initiative to ensure that victims,
judges, prosecutors, and law enforcement personnel are aware of the
availability of services through the program.
Sec. 531.383. GRANT PROGRAM. (a) Subject to available
funds, the commission shall establish a grant program to award
grants to public and nonprofit organizations that provide
assistance to domestic victims, including organizations that
provide public awareness activities, community outreach and
training, victim identification services, and legal services.
(b) To apply for a grant under this section, an applicant
must submit an application in the form and manner prescribed by the
commission. An applicant must describe in the application the
services the applicant intends to provide to domestic victims if
the grant is awarded.
(c) In awarding grants under this section, the commission
shall give preference to organizations that have experience in
successfully providing the types of services for which the grants
are awarded.
(d) A grant recipient shall provide reports as required by
the commission regarding the use of grant funds.
(e) Not later than December 1 of each even-numbered year,
the commission shall submit a report to the legislature summarizing
the activities, funding, and outcomes of programs awarded a grant
under this section and providing recommendations regarding the
grant program.
Sec. 531.384. TRAINING PROGRAMS. The commission, with
assistance from the Office of Court Administration of the Texas
Judicial System, the Department of Public Safety, and local law
enforcement agencies, shall create training programs designed to
increase the awareness of judges, prosecutors, and law enforcement
personnel of the needs of domestic victims, the availability of
services under this subchapter, the database of services described
by Section 531.382, and potential funding sources for those
services.
Sec. 531.385. FUNDING. (a) The commission may use
appropriated funds and may accept gifts, grants, and donations from
any sources for purposes of the victim assistance program
established under this subchapter.
(b) The commission shall conduct a study regarding
additional funding strategies for the victim assistance program.
In conducting the study, the commission, in cooperation with
appropriate governmental entities, shall identify appropriate
revenue streams, which may include revenue derived from:
(1) revenue streams similar to those used to fund
crime victims' compensation under Subchapter B, Chapter 56, Code of
Criminal Procedure;
(2) imposing additional court costs on defendants on
conviction of certain offenses;
(3) imposing additional fees on the filing of civil
cases;
(4) acquiring from law enforcement agencies the
proceeds from assets seized or forfeited under state or federal
law; and
(5) any other source identified by the commission.
(c) The commission shall submit a report regarding the
results of the study conducted under Subsection (b) to the 82nd
Legislature not later than December 1, 2010. The report must
include the commission's findings regarding appropriate revenue
streams for the victim assistance program, proposed legislation
necessary to receive the revenue for that purpose, and proposed
legislation regarding the establishment of a dedicated account to
which the revenue may be credited.
(d) This subsection and Subsections (b) and (c) expire
January 1, 2011.
SECTION 3. Section 772.006, Government Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) The trafficking of persons investigation and
prosecution account is created in the general revenue fund. The
account is composed of legislative appropriations and other money
required by law to be deposited in the account. Income from money
in the account shall be credited to the account. Sections 403.095
and 404.071 do not apply to the account.
(e) The legislature may appropriate money from the
trafficking of persons investigation and prosecution account
created under Subsection (d) only to the criminal justice division
for the purposes of this subsection. The division may use the
appropriated money solely to distribute grants to:
(1) counties that apply for the grants and that have
dedicated full-time or part-time personnel to identify, prevent,
investigate, or prosecute offenses under Chapter 20A, Penal Code;
and
(2) nongovernmental organizations that apply for the
grants and that provide comprehensive services in this state to
prevent the commission of offenses under Chapter 20A, Penal Code,
or to address the needs of victims of those offenses, including
public awareness activities, community outreach and training,
victim identification services, legal services, and other services
designed to assist victims.
(f) The total amount of grants that may be distributed to
counties and nongovernmental organizations from the trafficking of
persons investigation and prosecution account during each state
fiscal year may not exceed $10 million.
SECTION 4. Subchapter C, Chapter 141, Human Resources Code,
is amended by adding Section 141.056 to read as follows:
Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
director shall establish a committee to evaluate alternatives to
the juvenile justice system, such as government programs,
faith-based programs, and programs offered by nonprofit
organizations, for children who are accused of engaging in acts of
prostitution.
(b) The director shall determine the size of the committee.
The committee must be composed of:
(1) members of the Texas Juvenile Probation
Commission, the Texas Youth Commission, and other relevant state
agencies as determined by the director;
(2) members of the legislature;
(3) members of nongovernmental organizations that
provide programs and services to combat and prevent trafficking of
persons as described by Section 20A.02, Penal Code, in this state,
including the following with respect to that trafficking:
(A) programs to promote public awareness;
(B) programs to identify and provide services to
victims;
(C) legal services; and
(D) community outreach and training programs;
and
(4) other juvenile justice experts.
(c) Not later than January 1, 2011, the committee shall
prepare and deliver to each member of the legislature a report that
includes the results of the study and recommendations for
alternatives to the juvenile justice system for children who are
accused of engaging in acts of prostitution.
(d) This section expires June 1, 2011.
SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.258 to read as follows:
Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON
TRAFFICKING OF PERSONS. (a) The commission by rule shall require
an officer first licensed by the commission on or after January 1,
2011, to complete within a reasonable time after obtaining the
license a one-time basic education and training program on the
trafficking of persons. The program must:
(1) consist of at least four hours of training; and
(2) include a review of the substance of Sections
20A.02 and 43.05, Penal Code.
(b) The commission shall make available to each officer a
voluntary advanced education, instruction, and training program on
the trafficking of persons and compelling prostitution prohibited
under Sections 20A.02 and 43.05, Penal Code.
(c) Not later than January 1, 2011, the commission shall
begin offering the basic and advanced programs established under
this section. This subsection expires September 1, 2011.
SECTION 6. Section 1701.402, Occupations Code, is amended
by adding Subsection (h) to read as follows:
(h) As a requirement for an intermediate or advanced
proficiency certificate issued by the commission on or after
January 1, 2011, an officer must complete the basic education and
training program on the trafficking of persons described by Section
1701.258(a).
SECTION 7. Subsections (a) and (b), Section 20A.02, Penal
Code, are amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) [knowingly] traffics another person with the
intent or knowledge that the trafficked person will engage
in forced labor or services; or
(2) [intentionally or knowingly] benefits from
participating in a venture that involves an activity described by
Subdivision (1), including by receiving labor or services the
person knows are forced labor or services.
(b) Except as otherwise provided by this subsection, an
offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Section 43.05 or 43.25 [43.02] and the person who is
trafficked is a child younger than 18 years of age at the time of the
offense, regardless of whether the actor knows the age of the child
at the time the actor commits the offense; or
(2) the commission of the offense results in the death
of the person who is trafficked.
SECTION 8. Section 43.02, Penal Code, is amended by adding
Subsection (d) to read as follows:
(d) It is a defense to prosecution under this section that
the actor engaged in the conduct that constitutes the offense
because the actor was the victim of conduct that constitutes an
offense under Section 20A.02.
SECTION 9. Subsection (a), Section 43.05, Penal Code, is
amended to read as follows:
(a) A person commits an offense if the person [he]
knowingly:
(1) causes another by force, threat, or fraud to
commit prostitution; or
(2) causes by any means a child [person] younger than
18 [17] years to commit prostitution, regardless of whether the
actor knows the age of the child at the time the actor commits the
offense.
SECTION 10. (a) Not later than December 1, 2009, the
office of the attorney general shall establish the human
trafficking prevention task force as required by Section 402.035,
Government Code, as added by this Act.
(b) Not later than October 1, 2009, the executive director
of the Texas Juvenile Probation Commission shall establish a
committee to evaluate alternatives to the juvenile justice system
for children who are accused of engaging in acts of prostitution, as
required by Section 141.056, Human Resources Code, as added by this
Act.
(c) Not later than December 1, 2010, the Commission on Law
Enforcement Officer Standards and Education shall adopt the rules
necessary to implement Section 1701.258, Occupations Code, as added
by this Act.
(d) The changes in law made by this Act to Sections 20A.02,
43.02, and 43.05, Penal Code, apply only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense was committed before that date.
SECTION 11. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 12. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4009 was passed by the House on May
14, 2009, by the following vote: Yeas 133, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 4009 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 4009 on May 31, 2009, by the following vote: Yeas 143,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4009 was passed by the Senate, with
amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
4009 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor