Texas 2019 - 86th Regular

Texas Senate Bill SR836 Compare Versions

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

Old	New	Differences
1	1	By: Huffman S.R. No. 836
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 86th
6	6	Legislature, Regular Session, 2019, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	Senate Bill 20 (the prevention of, reporting regarding,
10	10	investigation of, prosecution of, criminal and civil penalties
11	11	for, and other consequences of prostitution, trafficking of
12	12	persons, and related criminal offenses, to treatment, services,
13	13	and compensation available to victims of those offenses, and to
14	14	orders of nondisclosure for certain persons who are victims of
15	15	certain of those offenses) to consider and take action on the
16	16	following matter:
17	17	Senate Rule 12.03(4) is suspended to permit the committee
18	18	to add text on a matter not included in either the house or senate
19	19	version of the bill by adding the following new ARTICLES to the
20	20	bill:
21	21	ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
22	22	PROGRAMS
23	23	SECTION 5.01. Subtitle B, Title 2, Health and Safety
24	24	Code, is amended by adding Chapter 50 to read as follows:
25	25	CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
26	26	PROGRAMS
27	27	SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
28	28	TRAFFICKING
29	29	Sec. 50.0001. DEFINITIONS. In this subchapter:
30	30	(1) "Child sex trafficking" has the meaning
31	31	assigned by Section 772.0062, Government Code.
32	32	(2) "Program" means the treatment program for
33	33	victims of child sex trafficking established under this
34	34	subchapter.
35	35	Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission,
36	36	in collaboration with the institution designated under Section
37	37	50.0003, shall establish a program to improve the quality and
38	38	accessibility of care for victims of child sex trafficking in
39	39	this state.
40	40	Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF
41	41	PROGRAM. (a) The commission shall designate a health-related
42	42	institution of higher education to operate the program.
43	43	(b) The designated institution shall improve the quality
44	44	and accessibility of care for victims of child sex trafficking
45	45	by:
46	46	(1) dedicating a unit at the institution to provide
47	47	or contract for inpatient care for victims of child sex
48	48	trafficking;
49	49	(2) dedicating a unit at the institution to provide
50	50	or contract for outpatient care for victims of child sex
51	51	trafficking;
52	52	(3) creating opportunities for research and
53	53	workforce expansion related to treatment of victims of child sex
54	54	trafficking; and
55	55	(4) assisting other health-related institutions of
56	56	higher education in this state to establish similar programs.
57	57	(c) The commission shall solicit and review applications
58	58	from health-related institutions of higher education before
59	59	designating an institution under this section.
60	60	Sec. 50.0004. FUNDING. In addition to money
61	61	appropriated by the legislature, the designated institution may
62	62	accept gifts, grants, and donations from any public or private
63	63	person for the purpose of carrying out the program.
64	64	Sec. 50.0005. RULES. The executive commissioner shall
65	65	adopt rules necessary to implement this subchapter.
66	66	SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX
67	67	TRAFFICKING PREVENTION PROGRAMS
68	68	Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM.
69	69	(a) The commission shall establish a matching grant program to
70	70	award to a municipality a grant in an amount equal to the amount
71	71	committed by the municipality for the development of a sex
72	72	trafficking prevention needs assessment. A municipality that is
73	73	awarded a grant must develop the needs assessment in
74	74	collaboration with a local institution of higher education and on
75	75	completion submit a copy of the needs assessment to the
76	76	commission.
77	77	(b) A sex trafficking prevention needs assessment
78	78	developed under Subsection (a) must outline:
79	79	(1) the prevalence of sex trafficking crimes in the
80	80	municipality;
81	81	(2) strategies for reducing the number of sex
82	82	trafficking crimes in the municipality; and
83	83	(3) the municipality's need for additional funding
84	84	for sex trafficking prevention programs and initiatives.
85	85	Sec. 50.0052. APPLICATION. (a) A municipality may
86	86	apply to the commission in the form and manner prescribed by the
87	87	commission for a matching grant under this subchapter. To
88	88	qualify for a grant, an applicant must:
89	89	(1) develop a media campaign and appoint a municipal
90	90	employee to oversee the program; and
91	91	(2) provide proof that the applicant is able to
92	92	obtain or secure municipal money in an amount at least equal to
93	93	the amount of the awarded grant.
94	94	(b) The commission shall review applications for a
95	95	matching grant submitted under this section and award matching
96	96	grants to each municipality that demonstrates in the application
97	97	the most effective strategies for reducing the number of sex
98	98	trafficking crimes in the municipality and the greatest need for
99	99	state funding.
100	100	(c) The commission may provide a grant under Subsection
101	101	(b) only in accordance with a contract between the commission and
102	102	the municipality. The contract must include provisions under
103	103	which the commission is granted sufficient control to ensure the
104	104	public purpose of sex trafficking prevention is accomplished and
105	105	the state receives the return benefit.
106	106	Sec. 50.0053. FUNDING. In addition to money
107	107	appropriated by the legislature, the commission may solicit and
108	108	accept gifts, grants, or donations from any source to administer
109	109	and finance the matching grant program established under this
110	110	subchapter.
111	111	SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
112	112	LAW ENFORCEMENT
113	113	Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The
114	114	office of the governor, in collaboration with the Child Sex
115	115	Trafficking Prevention Unit established under Section 772.0062,
116	116	Government Code, shall establish and administer a grant program
117	117	to train local law enforcement officers to recognize signs of sex
118	118	trafficking.
119	119	(b) The office of the governor may establish eligibility
120	120	criteria for a grant applicant.
121	121	(c) A grant awarded under this section must include
122	122	provisions under which the office of the governor is provided
123	123	sufficient control to ensure the public purpose of sex
124	124	trafficking prevention is accomplished and the state receives
125	125	the return benefit.
126	126	Sec. 50.0102. FUNDING. In addition to money
127	127	appropriated by the legislature, the office of the governor may
128	128	solicit and accept gifts, grants, or donations from any source to
129	129	administer and finance the grant program established under this
130	130	subchapter.
131	131	SECTION 5.02. As soon as practicable after the effective
132	132	date of this Act:
133	133	(1) the executive commissioner of the Health and
134	134	Human Services Commission shall adopt rules as necessary to
135	135	implement Subchapters A and B, Chapter 50, Health and Safety
136	136	Code, as added by this article; and
137	137	(2) the governor shall adopt rules as necessary to
138	138	implement Subchapter C, Chapter 50, Health and Safety Code, as
139	139	added by this article.
140	140	SECTION 5.03. A state agency is required to implement a
141	141	provision of this article only if the legislature appropriates
142	142	money to the agency specifically for the purpose of implementing
143	143	the applicable provision. If the legislature does not
144	144	appropriate money specifically for the purpose of implementing
145	145	the applicable provision, the agency may, but is not required to,
146	146	implement the provision using other appropriations available for
147	147	that purpose.
148	148	ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
149	149	PERSONS INVOLVED IN HUMAN TRAFFICKING
150	150	SECTION 6.01. Subchapter A, Chapter 2155, Government
151	151	Code, is amended by adding Section 2155.0061 to read as follows:
152	152	Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND
153	153	CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING.
154	154	(a) A state agency may not accept a bid or award a contract,
155	155	including a contract for which purchasing authority is delegated
156	156	to a state agency, that includes proposed financial
157	157	participation by a person who, during the five-year period
158	158	preceding the date of the bid or award, has been convicted of any
159	159	offense related to the direct support or promotion of human
160	160	trafficking.
161	161	(b) A bid or award subject to the requirements of this
162	162	section must include the following statement:
163	163	"Under Section 2155.0061, Government Code, the vendor
164	164	certifies that the individual or business entity named in this
165	165	bid or contract is not ineligible to receive the specified
166	166	contract and acknowledges that this contract may be terminated
167	167	and payment withheld if this certification is inaccurate."
168	168	(c) If a state agency determines that an individual or
169	169	business entity holding a state contract was ineligible to have
170	170	the bid accepted or contract awarded under this section, the
171	171	state agency may immediately terminate the contract without
172	172	further obligation to the vendor.
173	173	(d) This section does not create a cause of action to
174	174	contest a bid or award of a state contract.
175	175	SECTION 6.02. Section 2155.077(a-1), Government Code, is
176	176	amended to read as follows:
177	177	(a-1) The commission shall bar a vendor from
178	178	participating in state contracts that are subject to this
179	179	subtitle, including contracts for which purchasing authority is
180	180	delegated to a state agency, if the vendor has been:
181	181	(1) convicted of violating a federal law in
182	182	connection with a contract awarded by the federal government for
183	183	relief, recovery, or reconstruction efforts as a result of
184	184	Hurricane Rita, as defined by Section 39.459, Utilities Code,
185	185	Hurricane Katrina, or any other disaster occurring after
186	186	September 24, 2005; [or]
187	187	(2) assessed a penalty in a federal civil or
188	188	administrative enforcement action in connection with a contract
189	189	awarded by the federal government for relief, recovery, or
190	190	reconstruction efforts as a result of Hurricane Rita, as defined
191	191	by Section 39.459, Utilities Code, Hurricane Katrina, or any
192	192	other disaster occurring after September 24, 2005; or
193	193	(3) convicted of any offense related to the direct
194	194	support or promotion of human trafficking.
195	195	SECTION 6.03. Section 2155.0061, Government Code, as
196	196	added by this article, applies only in relation to a state
197	197	contract for which the request for bids or proposals or other
198	198	applicable expressions of interest are made public on or after
199	199	the effective date of this Act.
200	200	SECTION 6.04. Section 2155.077, Government Code, as
201	201	amended by this article, applies only to a contract entered into
202	202	on or after the effective date of this Act.
203	203	Explanation: The addition is necessary to add programs
204	204	for sex trafficking prevention and sex trafficking victim
205	205	treatment and to prohibit certain bids and contracts related to
206	206	persons involved in human trafficking.