Texas 2021 - 87th Regular

Texas House Bill HB2633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2633
	1	+	By: A. Johnson of Harris, et al. H.B. No. 2633
	2	+	(Senate Sponsor - Huffman, Powell)
	3	+	(In the Senate - Received from the House May 10, 2021;
	4	+	May 14, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; May 21, 2021, reported favorably by the following
	6	+	vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to resources provided to human trafficking victims and the
6	13		establishment of the trafficked persons grant program.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Chapter 50, Health and Safety Code, as added by
9	16		Chapter 413 (S.B. 20), Acts of the 86th Legislature, Regular
10	17		Session, 2019, is amended by adding Subchapter D to read as follows:
11	18		SUBCHAPTER D. TRAFFICKED PERSONS GRANT PROGRAM
12	19		Sec. 50.0151. DEFINITIONS. In this subchapter:
13	20		(1) "Account" means the trafficked persons program
14	21		account established under Section 50.0153.
15	22		(2) "Department" means the Department of Family and
16	23		Protective Services.
17	24		(3) "Grant program" means the trafficked persons grant
18	25		program established under Section 50.0155.
19	26		Sec. 50.0152. PURPOSE. The purpose of the trafficked
20	27		persons program account is to provide money:
21	28		(1) to substantiate this state's interest in publicly
22	29		operated and funded shelter and treatment for victims of an offense
23	30		of trafficking of persons as defined by Article 56B.003, Code of
24	31		Criminal Procedure;
25	32		(2) to prevent the recruitment of human trafficking
26	33		victims within mixed-status child, youth, and young adult shelters;
27	34		(3) for consistent and recurring funding of long-term
28	35		solutions for providing research-based treatment and safe and
29	36		secure shelter to child, youth, and young adult victims of human
30	37		trafficking;
31	38		(4) for financial stability of local governments,
32	39		private partners, and medical facilities in planning, building, and
33	40		maintaining dedicated housing and recovery programs for victims of
34	41		human trafficking; and
35	42		(5) to raise awareness of the account among businesses
36	43		and philanthropists in this state and to strengthen public and
37	44		private partnerships established to end the practice of human
38	45		trafficking.
39	46		Sec. 50.0153. ESTABLISHMENT OF ACCOUNT. (a) The
40	47		trafficked persons program account is a dedicated account in the
41	48		general revenue fund.
42	49		(b) The account consists of:
43	50		(1) contributions made under Section 2054.252,
44	51		Government Code;
45	52		(2) contributions made under Sections 502.416,
46	53		521.013, and 522.0296, Transportation Code;
47	54		(3) fees for the specialty license plates issued under
48	55		Section 504.675, Transportation Code;
49	56		(4) gifts, grants, and donations received for the
50	57		account; and
51	58		(5) interest, dividends, and other income of the
52	59		account.
53	60		(c) Section 403.0956, Government Code, does not apply to the
54	61		account.
55	62		(d) Money in the account may be appropriated only to:
56	63		(1) the grant program;
57	64		(2) the sex trafficking prevention and victim
58	65		treatment programs established under this chapter;
59	66		(3) the trafficked persons program established under
60	67		Section 54.04012, Family Code; and
61	68		(4) the administration of a program described by
62	69		Section 264.004(d), Family Code.
63	70		(e) The legislature may not use money in the account to
64	71		offset any other appropriations designated to the department or
65	72		commission.
66	73		Sec. 50.0154. ACCOUNT ADMINISTRATION. (a) The commission
67	74		shall administer the account and by rule establish guidelines for
68	75		distributing money from the account in accordance with this
69	76		subchapter.
70	77		(b) The commission shall distribute money from the account
71	78		to the grant program until the commission determines that the grant
72	79		program's purposes are satisfied statewide. Following that
73	80		determination, the commission may distribute money from the account
74	81		to a program described by Section 50.0153(d)(2), (3), or (4).
75	82		(c) The comptroller may audit money distributed under this
76	83		section.
77	84		Sec. 50.0155. TRAFFICKED PERSONS GRANT PROGRAM. (a) The
78	85		commission shall establish the trafficked persons grant program to
79	86		provide grants to applicants for dedicated housing and treatment
80	87		facilities provided to human trafficking victims.
81	88		(b) The commission by rule shall establish and publish on
82	89		its Internet website eligibility criteria for grant recipients.
83	90		The commission must develop the criteria using research-based best
84	91		practices and require the recipient to provide:
85	92		(1) immediate trauma support to a human trafficking
86	93		victim on the victim's initial rescue or recovery from trafficking;
87	94		(2) wraparound services to facilitate a continuity of
88	95		care for human trafficking victims placed in the recipient's
89	96		facility as assisted by:
90	97		(A) the Child Sex Trafficking Prevention Unit
91	98		established under Section 772.0062, Government Code; or
92	99		(B) the governor's program for victims of child
93	100		sex trafficking established under Section 772.0063, Government
94	101		Code; and
95	102		(3) safe and constitutionally secure shelter that
96	103		considers the clear and present danger of organized crime to the
97	104		children and youth housed in the facility.
98	105		(c) A grant applicant must provide to the commission plans
99	106		that include:
100	107		(1) a process for obtaining the consent of a qualified
101	108		guardian of a human trafficking victim for the applicant's services
102	109		and treatment;
103	110		(2) a strategy for addressing the spectrum of needs
104	111		for human trafficking victims, including victims whose history of
105	112		trauma poses a risk to other residents of the shelter or facility;
106	113		(3) a statement on whether the shelter or facility
107	114		will provide:
108	115		(A) acute or subacute services to address the
109	116		immediate medical or treatment needs of the victims;
110	117		(B) short-term housing services following
111	118		initial rescue or recovery of victims; and
112	119		(C) residential treatment services to meet
113	120		long-term needs of victims; and
114	121		(4) a statement on whether the shelter or facility
115	122		will provide separate housing space according to age, risk, and
116	123		medical or mental health needs of victims.
117	124		(d) In determining whether to award a grant under this
118	125		section, the commission shall prioritize applicants operating a
119	126		shelter or facility that:
120	127		(1) satisfies the requirements under Chapter 42, Human
121	128		Resources Code;
122	129		(2) provides dedicated housing or shelter space for
123	130		the exclusive use of human trafficking victims; and
124	131		(3) has not adopted a policy that allows the facility
125	132		to refuse for any reason to provide facility services to persons
126	133		presented to the facility by any person involved in the recovery of
127	134		human trafficking victims.
128	135		Sec. 50.0156. REQUIRED GRANT CONTRACT. Before awarding a
129	136		grant under this subchapter, the commission shall enter into a
130	137		written agreement with the recipient specifying that:
131	138		(1) if the commission finds that the recipient has not
132	139		complied with the standards required by this subchapter and rules
133	140		adopted under this subchapter:
134	141		(A) the recipient shall repay the grant or a
135	142		prorated portion of the grant to this state at an agreed rate and on
136	143		agreed terms; and
137	144		(B) the commission will not distribute to the
138	145		recipient any grant money that remains to be distributed to the
139	146		recipient;
140	147		(2) if, as of a date provided in the agreement, the
141	148		recipient has not used grant money awarded under this section for
142	149		the purposes for which the grant was intended, the recipient shall
143	150		repay that amount to this state at an agreed rate and on agreed
144	151		terms; and
145	152		(3) the recipient may not use grant money for
146	153		administrative or overhead expenses.
147	154		Sec. 50.0157. COMMISSION PROVISION OF SERVICES. The
148	155		commission may distribute money from the account to the commission
149	156		for the purposes of providing services described by Section 50.0155
150	157		if the commission determines it has the resources and personnel
151	158		necessary to provide those services in accordance with this
152	159		subchapter and rules adopted under this subchapter.
153	160		SECTION 2. Section 54.04012(b), Family Code, is amended to
154	161		read as follows:
155	162		(b) A juvenile court may require a child adjudicated to have
156	163		engaged in delinquent conduct or conduct indicating a need for
157	164		supervision and who is believed to be a victim of an offense of
158	165		trafficking of persons as defined by Article 56B.003, [conduct that
159	166		constitutes an offense under Section 20A.02, Penal] Code of
160	167		Criminal Procedure, to participate in a program established under
161	168		Section 152.0017, Human Resources Code.
162	169		SECTION 3. Section 264.004, Family Code, is amended by
163	170		adding Subsection (d) to read as follows:
164	171		(d) The Health and Human Services Commission may use money
165	172		appropriated from the trafficked persons program account
166	173		established under Section 50.0153, Health and Safety Code, to
167	174		establish, maintain, and operate facilities to provide care and
168	175		recovery and to ensure the general well-being of children and youth
169	176		who are victims of an offense of trafficking of persons as defined
170	177		by Article 56B.003, Code of Criminal Procedure.
171	178		SECTION 4. Section 405.023(b), Government Code, is amended
172	179		to read as follows:
173	180		(b) The secretary of state by rule shall establish and
174	181		implement a program designated as the human trafficking prevention
175	182		business partnership to:
176	183		(1) inform participating corporations and other
177	184		private entities of the opportunity to support the trafficked
178	185		persons program account established under Section 50.0153, Health
179	186		and Safety Code, by making a donation to the account; and
180	187		(2) engage participating corporations and other
181	188		private entities in voluntary efforts to prevent and combat human
182	189		trafficking.
183	190		SECTION 5. Subchapter B, Chapter 405, Government Code, is
184	191		amended by adding Section 405.024 to read as follows:
185	192		Sec. 405.024. PUBLIC AWARENESS CAMPAIGN FOR TRAFFICKED
186	193		PERSONS PROGRAM ACCOUNT. The secretary of state shall, as part of
187	194		the office's regular operations, inform the public using e-mail,
188	195		notices posted on the secretary of state's Internet website, or
189	196		other publications of the opportunity to support the trafficked
190	197		persons program account established under Section 50.0153, Health
191	198		and Safety Code. The secretary of state may not spend more than
192	199		$100,000 to promote awareness of the program account as provided by
193	200		this section.
194	201		SECTION 6. Section 2054.252, Government Code, is amended by
195	202		adding Subsections (h) and (i) to read as follows:
196	203		(h) The department shall provide an opportunity for a person
197	204		to make a contribution to the trafficked persons program account
198	205		established under Section 50.0153, Health and Safety Code, when the
199	206		person accesses the state electronic Internet portal for a purpose
200	207		described by Subsection (a) that involves submitting a payment to
201	208		this state. The department may deduct from the donations made under
202	209		this subsection an amount equal to the department's reasonable
203	210		expenses associated with administering this subsection. Money
204	211		contributed under this subsection shall be deposited to the credit
205	212		of the account.
206	213		(i) The department shall collaborate with the Texas
207	214		Department of Motor Vehicles, the Department of Public Safety, and
208	215		any other state agency to maximize donations to the trafficked
209	216		persons program account established under Section 50.0153, Health
210	217		and Safety Code.
211	218		SECTION 7. Section 152.0017, Human Resources Code, is
212	219		amended by amending Subsection (a) and adding Subsection (c) to
213	220		read as follows:
214	221		(a) A juvenile board may establish a trafficked persons
215	222		program under this section for the assistance, treatment, and
216	223		rehabilitation of children who:
217	224		(1) are alleged to have engaged in or adjudicated as
218	225		having engaged in delinquent conduct or conduct indicating a need
219	226		for supervision; [and]
220	227		(2) may be victims of an offense of trafficking of
221	228		persons as defined by Article 56B.003, [conduct that constitutes an
222	229		offense under Section 20A.02, Penal] Code of Criminal Procedure;
223	230		and
224	231		(3) have been referred to the program by the Child Sex
225	232		Trafficking Prevention Unit established under Section 772.0062,
226	233		Government Code, or the governor's program for victims of child sex
227	234		trafficking established under Section 772.0063, Government Code.
228	235		(c) A facility qualified to provide one or more services
229	236		under this section may apply for a grant under Section 50.0155,
230	237		Health and Safety Code, only for the purposes of providing
231	238		constitutionally secure shelter and research-based treatment
232	239		services to human trafficking victims.
233	240		SECTION 8. Subchapter H, Chapter 502, Transportation Code,
234	241		is amended by adding Section 502.416 to read as follows:
235	242		Sec. 502.416. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
236	243		PERSONS PROGRAM ACCOUNT. (a) When a person registers or renews the
237	244		registration of a motor vehicle under this chapter, the department
238	245		shall, in a conspicuous manner, direct that person to the
239	246		opportunity to donate to the trafficked persons program account
240	247		established under Section 50.0153, Health and Safety Code, through
241	248		the state's electronic Internet portal described by Section
242	249		2054.252(h), Government Code.
243	250		(b) If a person makes a contribution under this section and
244	251		does not pay the full amount of a registration fee, the county
245	252		assessor-collector may credit all or a portion of the contribution
246	253		to the person's registration fee.
247	254		(c) The department may deduct from the donations made under
248	255		this section an amount equal to the department's reasonable
249	256		expenses associated with administering this section.
250	257		SECTION 9. Subchapter G, Chapter 504, Transportation Code,
251	258		is amended by adding Section 504.675 to read as follows:
252	259		Sec. 504.675. STOP HUMAN TRAFFICKING LICENSE PLATES. (a)
253	260		The department shall issue specialty license plates to support the
254	261		trafficked persons program account established under Section
255	262		50.0153, Health and Safety Code. The department shall design the
256	263		license plates in consultation with an organization involved in the
257	264		support and recovery of human trafficking victims.
258	265		(b) After deduction of the department's administrative
259	266		costs the remainder of the fee for issuance of the license plates
260	267		shall be deposited to the credit of the trafficked persons program
261	268		account established under Section 50.0153, Health and Safety Code.
262	269		SECTION 10. Subchapter A, Chapter 521, Transportation Code,
263	270		is amended by adding Section 521.013 to read as follows:
264	271		Sec. 521.013. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
265	272		PERSONS PROGRAM ACCOUNT. (a) When a person applies for an
266	273		original, renewal, corrected, or duplicate driver's license or
267	274		personal identification certificate under this chapter, the
268	275		department shall, in a conspicuous manner, direct that person to
269	276		the opportunity to donate to the trafficked persons program account
270	277		established under Section 50.0153, Health and Safety Code, through
271	278		the state's electronic Internet portal described by Section
272	279		2054.252(h), Government Code.
273	280		(b) The department may deduct from the donations made under
274	281		this section an amount equal to the department's reasonable
275	282		expenses associated with administering this section.
276	283		SECTION 11. Subchapter C, Chapter 522, Transportation Code,
277	284		is amended by adding Section 522.0296 to read as follows:
278	285		Sec. 522.0296. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
279	286		PERSONS PROGRAM ACCOUNT. (a) When a person applies for an
280	287		original, renewal, corrected, or duplicate commercial driver's
281	288		license under this chapter, the department shall, in a conspicuous
282	289		manner, direct that person to the opportunity to donate to the
283	290		trafficked persons program account established under Section
284	291		50.0153, Health and Safety Code, through the state's electronic
285	292		Internet portal described by Section 2054.252(h), Government Code.
286	293		(b) The department may deduct from the donations made under
287	294		this section an amount equal to the department's reasonable
288	295		expenses associated with administering this section.
289	296		SECTION 12. (a) From money appropriated under Subchapter
290	297		D, Chapter 50, Health and Safety Code, as added by this Act, the
291	298		Health and Human Services Commission shall conduct a study to
292	299		determine the needs and best practices of establishing permanent,
293	300		safe, and secure housing for child and youth victims of an offense
294	301		of trafficking of persons as defined by Article 56B.003, Code of
295	302		Criminal Procedure.
296	303		(b) The Health and Human Services Commission shall develop a
297	304		written report from the results of the study conducted under
298	305		Subsection (a) of this section. Not later than December 1, 2022, the
299	306		commission shall provide the report to the governor and the
300	307		standing committees of the legislature with jurisdiction over the
301	308		commission.
302	309		SECTION 13. This Act takes effect September 1, 2021.
303		-	______________________________ ______________________________
304		-	President of the Senate Speaker of the House
305		-	I certify that H.B. No. 2633 was passed by the House on May 7,
306		-	2021, by the following vote: Yeas 114, Nays 27, 1 present, not
307		-	voting.
308		-	______________________________
309		-	Chief Clerk of the House
310		-	I certify that H.B. No. 2633 was passed by the Senate on May
311		-	27, 2021, by the following vote: Yeas 31, Nays 0.
312		-	______________________________
313		-	Secretary of the Senate
314		-	APPROVED: _____________________
315		-	Date
316		-	_____________________
317		-	Governor
	310	+	* * * * *