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Texas Senate Bill SR847

Texas 2019 - 86th Regular

Texas Senate Bill SR847 Compare Versions

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11 By: Huffman S.R. No. 847
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44 SENATE RESOLUTION
55 BE IT RESOLVED by the Senate of the State of Texas, 86th
66 Legislature, Regular Session, 2019, That Senate Rule 12.03 be
77 suspended in part as provided by Senate Rule 12.08 to enable the
88 conference committee appointed to resolve the differences on
99 Senate Bill 20 (the prevention of, reporting regarding,
1010 investigation of, prosecution of, criminal and civil penalties
1111 for, and other consequences of prostitution, trafficking of
1212 persons, and related criminal offenses, to treatment, services,
1313 and compensation available to victims of those offenses, and to
1414 orders of nondisclosure for certain persons who are victims of
1515 certain of those offenses) to consider and take action on the
1616 following matters:
1717 (1) Senate Rules 12.03(1) and (3) are suspended to permit
1818 the committee to change, alter, or amend text and to add text on a
1919 matter not in disagreement in the transition language provided by
2020 proposed SECTION 2.06 of the senate engrossment of Senate Bill 20
2121 and provided by the corresponding section of the bill as the bill
2222 was amended by the house, to read as follows:
2323 SECTION 2.06. (a) Except as provided by Subsection (b)
2424 of this section, the change in law made by this article applies
2525 only to an offense committed on or after the effective date of
2626 this Act. An offense committed before the effective date of this
2727 Act is governed by the law in effect on the date the offense was
2828 committed, and the former law is continued in effect for that
2929 purpose. For purposes of this section, an offense was committed
3030 before the effective date of this Act if any element of the
3131 offense occurred before that date.
3232 (b) Subsection (a) of this section does not apply to
3333 Section 402.035(f-3), Government Code, as added by this article.
3434 Explanation: This change is necessary to provide for a
3535 transition for Section 402.035(f-3), Government Code, as added
3636 by the house.
3737 (2) Senate Rule 12.03(4) is suspended to permit the
3838 committee to add text on a matter not included in either the house
3939 or senate version of the bill by adding the following new
4040 ARTICLES to the bill:
4141 ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
4242 PROGRAMS
4343 SECTION 5.01. Subtitle B, Title 2, Health and Safety
4444 Code, is amended by adding Chapter 50 to read as follows:
4545 CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
4646 PROGRAMS
4747 SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
4848 TRAFFICKING
4949 Sec. 50.0001. DEFINITIONS. In this subchapter:
5050 (1) "Child sex trafficking" has the meaning
5151 assigned by Section 772.0062, Government Code.
5252 (2) "Program" means the treatment program for
5353 victims of child sex trafficking established under this
5454 subchapter.
5555 Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission,
5656 in collaboration with the institution designated under Section
5757 50.0003, shall establish a program to improve the quality and
5858 accessibility of care for victims of child sex trafficking in
5959 this state.
6060 Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF
6161 PROGRAM. (a) The commission shall designate a health-related
6262 institution of higher education to operate the program.
6363 (b) The designated institution shall improve the quality
6464 and accessibility of care for victims of child sex trafficking
6565 by:
6666 (1) dedicating a unit at the institution to provide
6767 or contract for inpatient care for victims of child sex
6868 trafficking;
6969 (2) dedicating a unit at the institution to provide
7070 or contract for outpatient care for victims of child sex
7171 trafficking;
7272 (3) creating opportunities for research and
7373 workforce expansion related to treatment of victims of child sex
7474 trafficking; and
7575 (4) assisting other health-related institutions of
7676 higher education in this state to establish similar programs.
7777 (c) The commission shall solicit and review applications
7878 from health-related institutions of higher education before
7979 designating an institution under this section.
8080 Sec. 50.0004. FUNDING. In addition to money
8181 appropriated by the legislature, the designated institution may
8282 accept gifts, grants, and donations from any public or private
8383 person for the purpose of carrying out the program.
8484 Sec. 50.0005. RULES. The executive commissioner shall
8585 adopt rules necessary to implement this subchapter.
8686 SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX
8787 TRAFFICKING PREVENTION PROGRAMS
8888 Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM.
8989 (a) The commission shall establish a matching grant program to
9090 award to a municipality a grant in an amount equal to the amount
9191 committed by the municipality for the development of a sex
9292 trafficking prevention needs assessment. A municipality that is
9393 awarded a grant must develop the needs assessment in
9494 collaboration with a local institution of higher education and on
9595 completion submit a copy of the needs assessment to the
9696 commission.
9797 (b) A sex trafficking prevention needs assessment
9898 developed under Subsection (a) must outline:
9999 (1) the prevalence of sex trafficking crimes in the
100100 municipality;
101101 (2) strategies for reducing the number of sex
102102 trafficking crimes in the municipality; and
103103 (3) the municipality's need for additional funding
104104 for sex trafficking prevention programs and initiatives.
105- Sec. 50.0052. APPLICATION. (a) A municipality may
106- apply to the commission in the form and manner prescribed by the
105+ Sec. 50.0052. APPLICATION. (a) A municipality may apply
106+ to the commission in the form and manner prescribed by the
107107 commission for a matching grant under this subchapter. To
108108 qualify for a grant, an applicant must:
109109 (1) develop a media campaign and appoint a municipal
110110 employee to oversee the program; and
111111 (2) provide proof that the applicant is able to
112112 obtain or secure municipal money in an amount at least equal to
113113 the amount of the awarded grant.
114114 (b) The commission shall review applications for a
115115 matching grant submitted under this section and award matching
116116 grants to each municipality that demonstrates in the application
117117 the most effective strategies for reducing the number of sex
118118 trafficking crimes in the municipality and the greatest need for
119119 state funding.
120120 (c) The commission may provide a grant under Subsection
121121 (b) only in accordance with a contract between the commission and
122122 the municipality. The contract must include provisions under
123123 which the commission is granted sufficient control to ensure the
124124 public purpose of sex trafficking prevention is accomplished and
125125 the state receives the return benefit.
126126 Sec. 50.0053. FUNDING. In addition to money
127127 appropriated by the legislature, the commission may solicit and
128128 accept gifts, grants, or donations from any source to administer
129129 and finance the matching grant program established under this
130130 subchapter.
131131 SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
132132 LAW ENFORCEMENT
133133 Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The
134134 office of the governor, in collaboration with the Child Sex
135135 Trafficking Prevention Unit established under Section 772.0062,
136136 Government Code, shall establish and administer a grant program
137137 to train local law enforcement officers to recognize signs of sex
138138 trafficking.
139139 (b) The office of the governor may establish eligibility
140140 criteria for a grant applicant.
141141 (c) A grant awarded under this section must include
142142 provisions under which the office of the governor is provided
143143 sufficient control to ensure the public purpose of sex
144144 trafficking prevention is accomplished and the state receives
145145 the return benefit.
146146 Sec. 50.0102. FUNDING. In addition to money
147147 appropriated by the legislature, the office of the governor may
148148 solicit and accept gifts, grants, or donations from any source to
149149 administer and finance the grant program established under this
150150 subchapter.
151151 SECTION 5.02. As soon as practicable after the effective
152152 date of this Act:
153153 (1) the executive commissioner of the Health and
154154 Human Services Commission shall adopt rules as necessary to
155155 implement Subchapters A and B, Chapter 50, Health and Safety
156156 Code, as added by this article; and
157157 (2) the governor shall adopt rules as necessary to
158158 implement Subchapter C, Chapter 50, Health and Safety Code, as
159159 added by this article.
160160 SECTION 5.03. A state agency is required to implement a
161161 provision of this article only if the legislature appropriates
162162 money to the agency specifically for the purpose of implementing
163163 the applicable provision. If the legislature does not
164164 appropriate money specifically for the purpose of implementing
165165 the applicable provision, the agency may, but is not required to,
166166 implement the provision using other appropriations available for
167167 that purpose.
168168 ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
169169 PERSONS INVOLVED IN HUMAN TRAFFICKING
170170 SECTION 6.01. Subchapter A, Chapter 2155, Government
171171 Code, is amended by adding Section 2155.0061 to read as follows:
172172 Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND
173- CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING.
174- (a) A state agency may not accept a bid or award a contract,
175- including a contract for which purchasing authority is delegated
176- to a state agency, that includes proposed financial
177- participation by a person who, during the five-year period
178- preceding the date of the bid or award, has been convicted of any
179- offense related to the direct support or promotion of human
180- trafficking.
173+ CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a)
174+ A state agency may not accept a bid or award a contract, including
175+ a contract for which purchasing authority is delegated to a state
176+ agency, that includes proposed financial participation by a
177+ person who, during the five-year period preceding the date of the
178+ bid or award, has been convicted of any offense related to the
179+ direct support or promotion of human trafficking.
181180 (b) A bid or award subject to the requirements of this
182181 section must include the following statement:
183182 "Under Section 2155.0061, Government Code, the vendor
184183 certifies that the individual or business entity named in this
185184 bid or contract is not ineligible to receive the specified
186185 contract and acknowledges that this contract may be terminated
187186 and payment withheld if this certification is inaccurate."
188187 (c) If a state agency determines that an individual or
189188 business entity holding a state contract was ineligible to have
190189 the bid accepted or contract awarded under this section, the
191190 state agency may immediately terminate the contract without
192191 further obligation to the vendor.
193192 (d) This section does not create a cause of action to
194193 contest a bid or award of a state contract.
195194 SECTION 6.02. Section 2155.077(a-1), Government Code, is
196195 amended to read as follows:
197196 (a-1) The commission shall bar a vendor from
198197 participating in state contracts that are subject to this
199198 subtitle, including contracts for which purchasing authority is
200199 delegated to a state agency, if the vendor has been:
201200 (1) convicted of violating a federal law in
202201 connection with a contract awarded by the federal government for
203202 relief, recovery, or reconstruction efforts as a result of
204203 Hurricane Rita, as defined by Section 39.459, Utilities Code,
205204 Hurricane Katrina, or any other disaster occurring after
206205 September 24, 2005; [or]
207206 (2) assessed a penalty in a federal civil or
208207 administrative enforcement action in connection with a contract
209208 awarded by the federal government for relief, recovery, or
210209 reconstruction efforts as a result of Hurricane Rita, as defined
211210 by Section 39.459, Utilities Code, Hurricane Katrina, or any
212211 other disaster occurring after September 24, 2005; or
213212 (3) convicted of any offense related to the direct
214213 support or promotion of human trafficking.
215214 SECTION 6.03. Section 2155.0061, Government Code, as
216215 added by this article, applies only in relation to a state
217216 contract for which the request for bids or proposals or other
218217 applicable expressions of interest are made public on or after
219218 the effective date of this Act.
220219 SECTION 6.04. Section 2155.077, Government Code, as
221220 amended by this article, applies only to a contract entered into
222221 on or after the effective date of this Act.
223- Explanation: The addition is necessary to add programs
224- for sex trafficking prevention and sex trafficking victim
225- treatment and to prohibit certain bids and contracts related to
226- persons involved in human trafficking.
227- _______________________________
228- President of the Senate
229- I hereby certify that the
230- above Resolution was adopted by
231- the Senate on May 26, 2019, by the
232- following vote: Yeas 31, Nays 0.
233- _______________________________
234- Secretary of the Senate
222+ Explanation: The addition is necessary to add programs for
223+ sex trafficking prevention and sex trafficking victim treatment
224+ and to prohibit certain bids and contracts related to persons
225+ involved in human trafficking.