By: Davis of Harris, et al. H.B. No. 1113
(Senate Sponsor - Alvarado)
(In the Senate - Received from the House May 9, 2019;
May 14, 2019, read first time and referred to Committee on State
Affairs; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1113 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to state contract limitations and programs for sex
trafficking prevention and victim treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2155, Government Code, is
amended by adding Section 2155.0061 to read as follows:
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state
agency may not accept a bid or award a contract, including a
contract for which purchasing authority is delegated to a state
agency, that includes proposed financial participation by a person
who, during the five-year period preceding the date of the bid or
award, has been convicted of any offense related to the direct
support or promotion of human trafficking.
(b) A bid or award subject to the requirements of this
section must include the following statement:
"Under Section 2155.0061, Government Code, the vendor
certifies that the individual or business entity named in this bid
or contract is not ineligible to receive the specified contract and
acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate."
(c) If a state agency determines that an individual or
business entity holding a state contract was ineligible to have the
bid accepted or contract awarded under this section, the state
agency may immediately terminate the contract without further
obligation to the vendor.
(d) This section does not create a cause of action to
contest a bid or award of a state contract.
SECTION 2. Section 2155.077(a-1), Government Code, is
amended to read as follows:
(a-1) The commission shall bar a vendor from participating
in state contracts that are subject to this subtitle, including
contracts for which purchasing authority is delegated to a state
agency, if the vendor has been:
(1) convicted of violating a federal law in connection
with a contract awarded by the federal government for relief,
recovery, or reconstruction efforts as a result of Hurricane Rita,
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or
any other disaster occurring after September 24, 2005; [or]
(2) assessed a penalty in a federal civil or
administrative enforcement action in connection with a contract
awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricane Rita, as defined by
Section 39.459, Utilities Code, Hurricane Katrina, or any other
disaster occurring after September 24, 2005; or
(3) convicted of any offense related to the direct
support or promotion of human trafficking.
SECTION 3. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 50 to read as follows:
CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
PROGRAMS
SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
TRAFFICKING
Sec. 50.0001. DEFINITIONS. In this subchapter:
(1) "Child sex trafficking" has the meaning assigned
by Section 772.0062, Government Code.
(2) "Program" means the treatment program for victims
of child sex trafficking established under this subchapter.
Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in
collaboration with the institution designated under Section
50.0003, shall establish a program to improve the quality and
accessibility of care for victims of child sex trafficking in this
state.
Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF
PROGRAM. (a) The commission shall designate a health-related
institution of higher education to operate the program.
(b) The designated institution shall improve the quality
and accessibility of care for victims of child sex trafficking by:
(1) dedicating a unit at the institution to provide or
contract for inpatient care for victims of child sex trafficking;
(2) dedicating a unit at the institution to provide or
contract for outpatient care for victims of child sex trafficking;
(3) creating opportunities for research and workforce
expansion related to treatment of victims of child sex trafficking;
and
(4) assisting other health-related institutions of
higher education in this state to establish similar programs.
(c) The commission shall solicit and review applications
from health-related institutions of higher education before
designating an institution under this section.
Sec. 50.0004. FUNDING. In addition to money appropriated
by the legislature, the designated institution may accept gifts,
grants, and donations from any public or private person for the
purpose of carrying out the program.
Sec. 50.0005. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX TRAFFICKING
PREVENTION PROGRAMS
Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM. (a)
The commission shall establish a matching grant program to award to
a municipality a grant in an amount equal to the amount committed by
the municipality for the development of a sex trafficking
prevention needs assessment. A municipality that is awarded a
grant must develop the needs assessment in collaboration with a
local institution of higher education and on completion submit a
copy of the needs assessment to the commission.
(b) A sex trafficking prevention needs assessment developed
under Subsection (a) must outline:
(1) the prevalence of sex trafficking crimes in the
municipality;
(2) strategies for reducing the number of sex
trafficking crimes in the municipality; and
(3) the municipality's need for additional funding for
sex trafficking prevention programs and initiatives.
Sec. 50.0052. APPLICATION. (a) A municipality may apply to
the commission in the form and manner prescribed by the commission
for a matching grant under this subchapter. To qualify for a grant,
an applicant must:
(1) develop a media campaign and appoint a municipal
employee to oversee the program; and
(2) provide proof that the applicant is able to obtain
or secure municipal money in an amount at least equal to the amount
of the awarded grant.
(b) The commission shall review applications for a matching
grant submitted under this section and award matching grants to
each municipality that demonstrates in the application the most
effective strategies for reducing the number of sex trafficking
crimes in the municipality and the greatest need for state funding.
(c) The commission may provide a grant under Subsection (b)
only in accordance with a contract between the commission and the
municipality. The contract must include provisions under which the
commission is granted sufficient control to ensure the public
purpose of sex trafficking prevention is accomplished and the state
receives the return benefit.
Sec. 50.0053. FUNDING. In addition to money appropriated
by the legislature, the commission may solicit and accept gifts,
grants, or donations from any source to administer and finance the
matching grant program established under this subchapter.
SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
LAW ENFORCEMENT
Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The
office of the governor, in collaboration with the Child Sex
Trafficking Prevention Unit established under Section 772.0062,
Government Code, shall establish and administer a grant program to
train local law enforcement officers to recognize signs of sex
trafficking.
(b) The office of the governor may establish eligibility
criteria for a grant applicant.
(c) A grant awarded under this section must include
provisions under which the office of the governor is provided
sufficient control to ensure the public purpose of sex trafficking
prevention is accomplished and the state receives the return
benefit.
Sec. 50.0102. FUNDING. In addition to money appropriated
by the legislature, the office of the governor may solicit and
accept gifts, grants, or donations from any source to administer
and finance the grant program established under this subchapter.
SECTION 4. As soon as practicable after the effective date
of this Act:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement
Subchapters A and B, Chapter 50, Health and Safety Code, as added by
this Act; and
(2) the governor shall adopt rules as necessary to
implement Subchapter C, Chapter 50, Health and Safety Code, as
added by this Act.
SECTION 5. Section 2155.0061, Government Code, as added by
this Act, applies only in relation to a state contract for which the
request for bids or proposals or other applicable expressions of
interest are made public on or after the effective date of this Act.
SECTION 6. Section 2155.077, Government Code, as amended by
this Act, applies only to a contract entered into on or after the
effective date of this Act.
SECTION 7. A state agency is required to implement a
provision of this Act only if the legislature appropriates money to
the agency specifically for the purpose of implementing the
applicable provision. If the legislature does not appropriate
money specifically for the purpose of implementing the applicable
provision, the agency may, but is not required to, implement the
provision using other appropriations available for that purpose.
SECTION 8. This Act takes effect September 1, 2019.
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