Texas 2009 - 81st Regular

Texas House Bill HB628 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R500 GCB-D
2	2	By: Anchia H.B. No. 628
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a human trafficking prevention
8	8	task force and the creation of a trafficking victim database.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 402, Government Code, is
11	11	amended by adding Section 402.0282 to read as follows:
12	12	Sec. 402.0282. TRAFFICKING VICTIM DATABASE. (a) In this
13	13	section:
14	14	(1) "Trafficking victim" means a person who is the
15	15	victim of conduct that, regardless of whether the conduct at issue
16	16	is the subject of a prosecution, constitutes:
17	17	(A) a severe form of trafficking in persons, as
18	18	defined by 22 U.S.C. Section 7102(8); or
19	19	(B) an offense under Section 20A.02, Penal Code.
20	20	(2) "Trafficking victim advocacy organization" means
21	21	an advocacy organization that has been certified by the attorney
22	22	general in accordance with this section.
23	23	(b) The attorney general shall establish and maintain a
24	24	computerized database regarding persons who are trafficking
25	25	victims.
26	26	(c) The database must contain the following information:
27	27	(1) the name, date of birth, place of birth, and
28	28	country of origin of the trafficking victim;
29	29	(2) the date, location, and description of the conduct
30	30	to which the trafficking victim was subjected; and
31	31	(3) any other pertinent information regarding the
32	32	conduct involved or the trafficking victim, other than information
33	33	related to the immigration status of the trafficking victim.
34	34	(d) The attorney general shall certify as a trafficking
35	35	victim advocacy organization a local or statewide advocacy
36	36	organization that serves trafficking victims in this state and
37	37	meets other requirements established by attorney general rule.
38	38	(e) A trafficking victim advocacy organization shall report
39	39	to the attorney general information regarding each trafficking
40	40	victim identified by the trafficking victim advocacy organization.
41	41	(f) A state or local law enforcement agency shall report to
42	42	the attorney general information regarding each trafficking victim
43	43	identified by the agency.
44	44	(g) The attorney general shall analyze information under
45	45	this section to assist in identifying:
46	46	(1) a person engaging in conduct described by
47	47	Subsection (a)(1);
48	48	(2) patterns in trafficking throughout the state; and
49	49	(3) any other information that would be useful to a law
50	50	enforcement agency in apprehending persons engaging in conduct
51	51	described by Subsection (a)(1).
52	52	(h) The attorney general shall make the analysis required by
53	53	this section available to any political subdivision or local,
54	54	state, or federal law enforcement agency to the extent the analysis
55	55	is reasonably necessary or useful to the subdivision or agency in
56	56	carrying out duties imposed by law on the subdivision or agency.
57	57	The attorney general may make available to the subdivision or
58	58	agency any relevant personally identifiable information
59	59	corresponding to the analysis. This subsection may not be
60	60	construed to enable direct access by a person to information
61	61	analyzed by the attorney general under this section if the person
62	62	does not otherwise have direct access to that information.
63	63	Dissemination of the analysis required by this section is subject
64	64	to all confidentiality requirements imposed by other law.
65	65	(i) Except as authorized by Subsection (h), the attorney
66	66	general may not release or distribute information in the database
67	67	in a form that contains personally identifiable information related
68	68	to a trafficking victim.
69	69	(j) Using information collected under this section, the
70	70	attorney general shall produce and release statistical data in a
71	71	biennial report to the governor, lieutenant governor, and speaker
72	72	of the house of representatives. The attorney general shall make
73	73	the report available to the public on the attorney general's
74	74	website. A report under this subsection may not include any
75	75	personally identifiable information related to a trafficking
76	76	victim.
77	77	(k) The attorney general shall adopt rules to implement this
78	78	section.
79	79	SECTION 2. Subchapter B, Chapter 402, Government Code, is
80	80	amended by adding Section 402.035 to read as follows:
81	81	Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE. (a)
82	82	In this section, "task force" means the human trafficking
83	83	prevention task force.
84	84	(b) The office of the attorney general shall establish the
85	85	human trafficking prevention task force to develop policies and
86	86	procedures to assist in the prevention and prosecution of human
87	87	trafficking crimes.
88	88	(c) The task force is composed of the following:
89	89	(1) the attorney general or the attorney general's
90	90	designee;
91	91	(2) the executive commissioner of the Health and Human
92	92	Services Commission or the executive commissioner's designee;
93	93	(3) the commissioner of the Department of Family and
94	94	Protective Services or the commissioner's designee;
95	95	(4) the public safety director of the Department of
96	96	Public Safety or the director's designee; and
97	97	(5) as appointed by the attorney general:
98	98	(A) a public defender, as defined by Article
99	99	26.044, Code of Criminal Procedure;
100	100	(B) an attorney representing the state;
101	101	(C) representatives of local law enforcement
102	102	agencies affected by human trafficking; and
103	103	(D) representatives of nongovernmental entities
104	104	making comprehensive efforts to combat human trafficking by:
105	105	(i) identifying human trafficking victims;
106	106	(ii) providing legal or other services to
107	107	human trafficking victims;
108	108	(iii) participating in community outreach
109	109	or public awareness efforts regarding human trafficking;
110	110	(iv) providing or developing training
111	111	regarding the prevention of human trafficking; or
112	112	(v) engaging in other activities designed
113	113	to prevent human trafficking.
114	114	(d) The task force shall:
115	115	(1) collaborate with United States attorneys for the
116	116	districts of Texas and special agents, customs and border
117	117	protection officers, and border patrol agents of the United States
118	118	Department of Homeland Security as needed to fulfill the duties of
119	119	the task force;
120	120	(2) collect and organize data on the nature and extent
121	121	of human trafficking in Texas;
122	122	(3) develop and conduct training for law enforcement
123	123	personnel and victim service providers to identify victims of human
124	124	trafficking;
125	125	(4) on the request of a judge of a county court, county
126	126	court at law, or district court or a county attorney, district
127	127	attorney, or criminal district attorney, assist and train the judge
128	128	or the judge's staff or the attorney or the attorney's staff in the
129	129	recognition and prevention of human trafficking;
130	130	(5) examine training protocols related to human
131	131	trafficking issues, as developed and implemented by federal, state,
132	132	and local law enforcement agencies;
133	133	(6) implement a media awareness campaign in
134	134	communities affected by human trafficking; and
135	135	(7) develop recommendations on how to strengthen state
136	136	and local efforts to prevent human trafficking, protect and assist
137	137	human trafficking victims, and prosecute human trafficking
138	138	offenders.
139	139	(e) The presiding officer of the task force is the attorney
140	140	general or the attorney general's designee.
141	141	(f) The office of the attorney general shall supervise the
142	142	administration of the task force. The attorney general shall
143	143	provide the necessary staff and facilities to assist the task force
144	144	in performing its duties.
145	145	(g) Not later than December 1 of each even-numbered year,
146	146	the task force shall submit a report regarding the task force's
147	147	activities, findings, and recommendations, including any proposed
148	148	legislation, to the governor, the lieutenant governor, and the
149	149	speaker of the house of representatives.
150	150	(h) This section expires September 1, 2013.
151	151	SECTION 3. (a) Not later than December 1, 2009, the
152	152	attorney general shall adopt the rules required by Section
153	153	402.0282, Government Code, as added by this Act.
154	154	(b) Not later than December 1, 2009, the office of the
155	155	attorney general shall establish the human trafficking prevention
156	156	task force as required by Section 402.035, Government Code, as
157	157	added by this Act.
158	158	SECTION 4. This Act takes effect September 1, 2009.