H.B. No. 2633
AN ACT
relating to resources provided to human trafficking victims and the
establishment of the trafficked persons grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 50, Health and Safety Code, as added by
Chapter 413 (S.B. 20), Acts of the 86th Legislature, Regular
Session, 2019, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. TRAFFICKED PERSONS GRANT PROGRAM
Sec. 50.0151. DEFINITIONS. In this subchapter:
(1) "Account" means the trafficked persons program
account established under Section 50.0153.
(2) "Department" means the Department of Family and
Protective Services.
(3) "Grant program" means the trafficked persons grant
program established under Section 50.0155.
Sec. 50.0152. PURPOSE. The purpose of the trafficked
persons program account is to provide money:
(1) to substantiate this state's interest in publicly
operated and funded shelter and treatment for victims of an offense
of trafficking of persons as defined by Article 56B.003, Code of
Criminal Procedure;
(2) to prevent the recruitment of human trafficking
victims within mixed-status child, youth, and young adult shelters;
(3) for consistent and recurring funding of long-term
solutions for providing research-based treatment and safe and
secure shelter to child, youth, and young adult victims of human
trafficking;
(4) for financial stability of local governments,
private partners, and medical facilities in planning, building, and
maintaining dedicated housing and recovery programs for victims of
human trafficking; and
(5) to raise awareness of the account among businesses
and philanthropists in this state and to strengthen public and
private partnerships established to end the practice of human
trafficking.
Sec. 50.0153. ESTABLISHMENT OF ACCOUNT. (a) The
trafficked persons program account is a dedicated account in the
general revenue fund.
(b) The account consists of:
(1) contributions made under Section 2054.252,
Government Code;
(2) contributions made under Sections 502.416,
521.013, and 522.0296, Transportation Code;
(3) fees for the specialty license plates issued under
Section 504.675, Transportation Code;
(4) gifts, grants, and donations received for the
account; and
(5) interest, dividends, and other income of the
account.
(c) Section 403.0956, Government Code, does not apply to the
account.
(d) Money in the account may be appropriated only to:
(1) the grant program;
(2) the sex trafficking prevention and victim
treatment programs established under this chapter;
(3) the trafficked persons program established under
Section 54.04012, Family Code; and
(4) the administration of a program described by
Section 264.004(d), Family Code.
(e) The legislature may not use money in the account to
offset any other appropriations designated to the department or
commission.
Sec. 50.0154. ACCOUNT ADMINISTRATION. (a) The commission
shall administer the account and by rule establish guidelines for
distributing money from the account in accordance with this
subchapter.
(b) The commission shall distribute money from the account
to the grant program until the commission determines that the grant
program's purposes are satisfied statewide. Following that
determination, the commission may distribute money from the account
to a program described by Section 50.0153(d)(2), (3), or (4).
(c) The comptroller may audit money distributed under this
section.
Sec. 50.0155. TRAFFICKED PERSONS GRANT PROGRAM. (a) The
commission shall establish the trafficked persons grant program to
provide grants to applicants for dedicated housing and treatment
facilities provided to human trafficking victims.
(b) The commission by rule shall establish and publish on
its Internet website eligibility criteria for grant recipients.
The commission must develop the criteria using research-based best
practices and require the recipient to provide:
(1) immediate trauma support to a human trafficking
victim on the victim's initial rescue or recovery from trafficking;
(2) wraparound services to facilitate a continuity of
care for human trafficking victims placed in the recipient's
facility as assisted by:
(A) the Child Sex Trafficking Prevention Unit
established under Section 772.0062, Government Code; or
(B) the governor's program for victims of child
sex trafficking established under Section 772.0063, Government
Code; and
(3) safe and constitutionally secure shelter that
considers the clear and present danger of organized crime to the
children and youth housed in the facility.
(c) A grant applicant must provide to the commission plans
that include:
(1) a process for obtaining the consent of a qualified
guardian of a human trafficking victim for the applicant's services
and treatment;
(2) a strategy for addressing the spectrum of needs
for human trafficking victims, including victims whose history of
trauma poses a risk to other residents of the shelter or facility;
(3) a statement on whether the shelter or facility
will provide:
(A) acute or subacute services to address the
immediate medical or treatment needs of the victims;
(B) short-term housing services following
initial rescue or recovery of victims; and
(C) residential treatment services to meet
long-term needs of victims; and
(4) a statement on whether the shelter or facility
will provide separate housing space according to age, risk, and
medical or mental health needs of victims.
(d) In determining whether to award a grant under this
section, the commission shall prioritize applicants operating a
shelter or facility that:
(1) satisfies the requirements under Chapter 42, Human
Resources Code;
(2) provides dedicated housing or shelter space for
the exclusive use of human trafficking victims; and
(3) has not adopted a policy that allows the facility
to refuse for any reason to provide facility services to persons
presented to the facility by any person involved in the recovery of
human trafficking victims.
Sec. 50.0156. REQUIRED GRANT CONTRACT. Before awarding a
grant under this subchapter, the commission shall enter into a
written agreement with the recipient specifying that:
(1) if the commission finds that the recipient has not
complied with the standards required by this subchapter and rules
adopted under this subchapter:
(A) the recipient shall repay the grant or a
prorated portion of the grant to this state at an agreed rate and on
agreed terms; and
(B) the commission will not distribute to the
recipient any grant money that remains to be distributed to the
recipient;
(2) if, as of a date provided in the agreement, the
recipient has not used grant money awarded under this section for
the purposes for which the grant was intended, the recipient shall
repay that amount to this state at an agreed rate and on agreed
terms; and
(3) the recipient may not use grant money for
administrative or overhead expenses.
Sec. 50.0157. COMMISSION PROVISION OF SERVICES. The
commission may distribute money from the account to the commission
for the purposes of providing services described by Section 50.0155
if the commission determines it has the resources and personnel
necessary to provide those services in accordance with this
subchapter and rules adopted under this subchapter.
SECTION 2. Section 54.04012(b), Family Code, is amended to
read as follows:
(b) A juvenile court may require a child adjudicated to have
engaged in delinquent conduct or conduct indicating a need for
supervision and who is believed to be a victim of an offense of
trafficking of persons as defined by Article 56B.003, [conduct that
constitutes an offense under Section 20A.02, Penal] Code of
Criminal Procedure, to participate in a program established under
Section 152.0017, Human Resources Code.
SECTION 3. Section 264.004, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The Health and Human Services Commission may use money
appropriated from the trafficked persons program account
established under Section 50.0153, Health and Safety Code, to
establish, maintain, and operate facilities to provide care and
recovery and to ensure the general well-being of children and youth
who are victims of an offense of trafficking of persons as defined
by Article 56B.003, Code of Criminal Procedure.
SECTION 4. Section 405.023(b), Government Code, is amended
to read as follows:
(b) The secretary of state by rule shall establish and
implement a program designated as the human trafficking prevention
business partnership to:
(1) inform participating corporations and other
private entities of the opportunity to support the trafficked
persons program account established under Section 50.0153, Health
and Safety Code, by making a donation to the account; and
(2) engage participating corporations and other
private entities in voluntary efforts to prevent and combat human
trafficking.
SECTION 5. Subchapter B, Chapter 405, Government Code, is
amended by adding Section 405.024 to read as follows:
Sec. 405.024. PUBLIC AWARENESS CAMPAIGN FOR TRAFFICKED
PERSONS PROGRAM ACCOUNT. The secretary of state shall, as part of
the office's regular operations, inform the public using e-mail,
notices posted on the secretary of state's Internet website, or
other publications of the opportunity to support the trafficked
persons program account established under Section 50.0153, Health
and Safety Code. The secretary of state may not spend more than
$100,000 to promote awareness of the program account as provided by
this section.
SECTION 6. Section 2054.252, Government Code, is amended by
adding Subsections (h) and (i) to read as follows:
(h) The department shall provide an opportunity for a person
to make a contribution to the trafficked persons program account
established under Section 50.0153, Health and Safety Code, when the
person accesses the state electronic Internet portal for a purpose
described by Subsection (a) that involves submitting a payment to
this state. The department may deduct from the donations made under
this subsection an amount equal to the department's reasonable
expenses associated with administering this subsection. Money
contributed under this subsection shall be deposited to the credit
of the account.
(i) The department shall collaborate with the Texas
Department of Motor Vehicles, the Department of Public Safety, and
any other state agency to maximize donations to the trafficked
persons program account established under Section 50.0153, Health
and Safety Code.
SECTION 7. Section 152.0017, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) A juvenile board may establish a trafficked persons
program under this section for the assistance, treatment, and
rehabilitation of children who:
(1) are alleged to have engaged in or adjudicated as
having engaged in delinquent conduct or conduct indicating a need
for supervision; [and]
(2) may be victims of an offense of trafficking of
persons as defined by Article 56B.003, [conduct that constitutes an
offense under Section 20A.02, Penal] Code of Criminal Procedure;
and
(3) have been referred to the program by the Child Sex
Trafficking Prevention Unit established under Section 772.0062,
Government Code, or the governor's program for victims of child sex
trafficking established under Section 772.0063, Government Code.
(c) A facility qualified to provide one or more services
under this section may apply for a grant under Section 50.0155,
Health and Safety Code, only for the purposes of providing
constitutionally secure shelter and research-based treatment
services to human trafficking victims.
SECTION 8. Subchapter H, Chapter 502, Transportation Code,
is amended by adding Section 502.416 to read as follows:
Sec. 502.416. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
PERSONS PROGRAM ACCOUNT. (a) When a person registers or renews the
registration of a motor vehicle under this chapter, the department
shall, in a conspicuous manner, direct that person to the
opportunity to donate to the trafficked persons program account
established under Section 50.0153, Health and Safety Code, through
the state's electronic Internet portal described by Section
2054.252(h), Government Code.
(b) If a person makes a contribution under this section and
does not pay the full amount of a registration fee, the county
assessor-collector may credit all or a portion of the contribution
to the person's registration fee.
(c) The department may deduct from the donations made under
this section an amount equal to the department's reasonable
expenses associated with administering this section.
SECTION 9. Subchapter G, Chapter 504, Transportation Code,
is amended by adding Section 504.675 to read as follows:
Sec. 504.675. STOP HUMAN TRAFFICKING LICENSE PLATES. (a)
The department shall issue specialty license plates to support the
trafficked persons program account established under Section
50.0153, Health and Safety Code. The department shall design the
license plates in consultation with an organization involved in the
support and recovery of human trafficking victims.
(b) After deduction of the department's administrative
costs the remainder of the fee for issuance of the license plates
shall be deposited to the credit of the trafficked persons program
account established under Section 50.0153, Health and Safety Code.
SECTION 10. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.013 to read as follows:
Sec. 521.013. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
PERSONS PROGRAM ACCOUNT. (a) When a person applies for an
original, renewal, corrected, or duplicate driver's license or
personal identification certificate under this chapter, the
department shall, in a conspicuous manner, direct that person to
the opportunity to donate to the trafficked persons program account
established under Section 50.0153, Health and Safety Code, through
the state's electronic Internet portal described by Section
2054.252(h), Government Code.
(b) The department may deduct from the donations made under
this section an amount equal to the department's reasonable
expenses associated with administering this section.
SECTION 11. Subchapter C, Chapter 522, Transportation Code,
is amended by adding Section 522.0296 to read as follows:
Sec. 522.0296. VOLUNTARY CONTRIBUTION FOR TRAFFICKED
PERSONS PROGRAM ACCOUNT. (a) When a person applies for an
original, renewal, corrected, or duplicate commercial driver's
license under this chapter, the department shall, in a conspicuous
manner, direct that person to the opportunity to donate to the
trafficked persons program account established under Section
50.0153, Health and Safety Code, through the state's electronic
Internet portal described by Section 2054.252(h), Government Code.
(b) The department may deduct from the donations made under
this section an amount equal to the department's reasonable
expenses associated with administering this section.
SECTION 12. (a) From money appropriated under Subchapter
D, Chapter 50, Health and Safety Code, as added by this Act, the
Health and Human Services Commission shall conduct a study to
determine the needs and best practices of establishing permanent,
safe, and secure housing for child and youth victims of an offense
of trafficking of persons as defined by Article 56B.003, Code of
Criminal Procedure.
(b) The Health and Human Services Commission shall develop a
written report from the results of the study conducted under
Subsection (a) of this section. Not later than December 1, 2022, the
commission shall provide the report to the governor and the
standing committees of the legislature with jurisdiction over the
commission.
SECTION 13. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2633 was passed by the House on May 7,
2021, by the following vote: Yeas 114, Nays 27, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2633 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor