81R500 GCB-D
By: Anchia H.B. No. 628
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a human trafficking prevention
task force and the creation of a trafficking victim database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0282 to read as follows:
Sec. 402.0282. TRAFFICKING VICTIM DATABASE. (a) In this
section:
(1) "Trafficking victim" means a person who is the
victim of conduct that, regardless of whether the conduct at issue
is the subject of a prosecution, constitutes:
(A) a severe form of trafficking in persons, as
defined by 22 U.S.C. Section 7102(8); or
(B) an offense under Section 20A.02, Penal Code.
(2) "Trafficking victim advocacy organization" means
an advocacy organization that has been certified by the attorney
general in accordance with this section.
(b) The attorney general shall establish and maintain a
computerized database regarding persons who are trafficking
victims.
(c) The database must contain the following information:
(1) the name, date of birth, place of birth, and
country of origin of the trafficking victim;
(2) the date, location, and description of the conduct
to which the trafficking victim was subjected; and
(3) any other pertinent information regarding the
conduct involved or the trafficking victim, other than information
related to the immigration status of the trafficking victim.
(d) The attorney general shall certify as a trafficking
victim advocacy organization a local or statewide advocacy
organization that serves trafficking victims in this state and
meets other requirements established by attorney general rule.
(e) A trafficking victim advocacy organization shall report
to the attorney general information regarding each trafficking
victim identified by the trafficking victim advocacy organization.
(f) A state or local law enforcement agency shall report to
the attorney general information regarding each trafficking victim
identified by the agency.
(g) The attorney general shall analyze information under
this section to assist in identifying:
(1) a person engaging in conduct described by
Subsection (a)(1);
(2) patterns in trafficking throughout the state; and
(3) any other information that would be useful to a law
enforcement agency in apprehending persons engaging in conduct
described by Subsection (a)(1).
(h) The attorney general shall make the analysis required by
this section available to any political subdivision or local,
state, or federal law enforcement agency to the extent the analysis
is reasonably necessary or useful to the subdivision or agency in
carrying out duties imposed by law on the subdivision or agency.
The attorney general may make available to the subdivision or
agency any relevant personally identifiable information
corresponding to the analysis. This subsection may not be
construed to enable direct access by a person to information
analyzed by the attorney general under this section if the person
does not otherwise have direct access to that information.
Dissemination of the analysis required by this section is subject
to all confidentiality requirements imposed by other law.
(i) Except as authorized by Subsection (h), the attorney
general may not release or distribute information in the database
in a form that contains personally identifiable information related
to a trafficking victim.
(j) Using information collected under this section, the
attorney general shall produce and release statistical data in a
biennial report to the governor, lieutenant governor, and speaker
of the house of representatives. The attorney general shall make
the report available to the public on the attorney general's
website. A report under this subsection may not include any
personally identifiable information related to a trafficking
victim.
(k) The attorney general shall adopt rules to implement this
section.
SECTION 2. 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 attorney general or the attorney general's
designee;
(2) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(3) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(4) the public safety director of the Department of
Public Safety or the director's designee; and
(5) 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) representatives of local law enforcement
agencies affected by human trafficking; and
(D) 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 with United States attorneys for the
districts of Texas and special agents, customs and border
protection officers, and border patrol agents of the United States
Department of Homeland Security as needed to fulfill the duties of
the task force;
(2) collect and organize data on the nature and extent
of human trafficking in Texas;
(3) develop and conduct training for law enforcement
personnel and victim service providers to identify victims of human
trafficking;
(4) 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;
(5) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(6) implement a media awareness campaign in
communities affected by human trafficking; and
(7) 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
speaker of the house of representatives.
(h) This section expires September 1, 2013.
SECTION 3. (a) Not later than December 1, 2009, the
attorney general shall adopt the rules required by Section
402.0282, Government Code, as added by this Act.
(b) 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.
SECTION 4. This Act takes effect September 1, 2009.