By: Huffman S.R. No. 847
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 86th
Legislature, Regular Session, 2019, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 20 (the prevention of, reporting regarding,
investigation of, prosecution of, criminal and civil penalties
for, and other consequences of prostitution, trafficking of
persons, and related criminal offenses, to treatment, services,
and compensation available to victims of those offenses, and to
orders of nondisclosure for certain persons who are victims of
certain of those offenses) to consider and take action on the
following matters:
(1) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change, alter, or amend text and to add text on a
matter not in disagreement in the transition language provided by
proposed SECTION 2.06 of the senate engrossment of Senate Bill 20
and provided by the corresponding section of the bill as the bill
was amended by the house, to read as follows:
SECTION 2.06. (a) Except as provided by Subsection (b)
of this section, the change in law made by this article applies
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 governed by the law in effect on the date 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 occurred before that date.
(b) Subsection (a) of this section does not apply to
Section 402.035(f-3), Government Code, as added by this article.
Explanation: This change is necessary to provide for a
transition for Section 402.035(f-3), Government Code, as added
by the house.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following new
ARTICLES to the bill:
ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
PROGRAMS
SECTION 5.01. 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 5.02. 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 article; and
(2) the governor shall adopt rules as necessary to
implement Subchapter C, Chapter 50, Health and Safety Code, as
added by this article.
SECTION 5.03. A state agency is required to implement a
provision of this article 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.
ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
PERSONS INVOLVED IN HUMAN TRAFFICKING
SECTION 6.01. 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 6.02. 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 6.03. Section 2155.0061, Government Code, as
added by this article, 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 6.04. Section 2155.077, Government Code, as
amended by this article, applies only to a contract entered into
on or after the effective date of this Act.
Explanation: The addition is necessary to add programs for
sex trafficking prevention and sex trafficking victim treatment
and to prohibit certain bids and contracts related to persons
involved in human trafficking.