87R6993 MLH-D
By: Parker H.B. No. 3718
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain entities post human
trafficking signs; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.0351, Government Code, is amended to
read as follows:
Sec. 402.0351. REQUIRED POSTING OF HUMAN TRAFFICKING SIGNS
BY [AT] CERTAIN ENTITIES [TRANSPORTATION HUBS]. (a) In this
section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Cosmetology facility" means a person who holds a
license to operate a facility or school under Chapter 1602,
Occupations Code.
(3) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code.
(4) "Hotel" has the meaning assigned by Section
2155.051, Occupations Code.
(5) "Massage establishment" and "massage school" have
the meanings assigned by Section 455.001, Occupations Code.
(6) "Sexually oriented business" has the meaning
assigned by Section 243.002, Local Government Code.
(7) "Transportation [, "transportation] hub" means a
bus, bus stop, train, train station, rest area, gas station with
adjacent convenience store, or airport.
(a-1) A person who operates any of the following business
entities shall post at the entity the sign prescribed under
Subsection (b), or a substantially similar sign, in the manner
prescribed by Subsection (d):
(1) an entity permitted or licensed under Chapter 25,
26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity
holding a food and beverage certificate;
(2) a cosmetology facility;
(3) a hospital;
(4) a hotel;
(5) a massage establishment;
(6) a massage school;
(7) a sexually oriented business; or
(8) a transportation hub.
(a-2) The Parks and Wildlife Department shall post the sign
prescribed under Subsection (b), or a substantially similar sign,
in the manner prescribed by Subsection (d) at each state park and
other recreational site under the department's jurisdiction.
(b) The attorney general by rule shall prescribe the design
and content of a sign required to be posted under this section. The
rules must require that the sign:
(1) contain information regarding services and
assistance available to victims of human trafficking;
(2) [to be displayed at transportation hubs. The sign
must] be in [both] English, [and] Spanish, and any other language
determined appropriate by the attorney general in consultation with
the commission; and
(3) include:
(A) [(1)] the toll-free telephone number and
Internet website of the National Human Trafficking Resource Center;
and
(B) [(2)] the key indicators that a person is a
victim of human trafficking.
(c) The attorney general shall produce signs and make the
signs available at no cost to each person [by rule shall prescribe
the transportation hubs that are] required to post a sign under this
section. On request, the attorney general shall provide the person
with the requisite number of signs necessary to comply with this
section [described by Subsection (b)]. The cost to produce and
deliver signs under this subsection shall be equally shared between
the attorney general and the commission.
(d) [A person who operates a transportation hub that is
required to post a sign under Subsection (c) shall post a sign
described by Subsection (b) at the transportation hub.] The
attorney general[:
[(1)] by rule shall prescribe the manner in which the
sign must be displayed [at the transportation hub] and any
exceptions to the sign posting requirement. The rules:
(1) must require that at a minimum the sign be posted
in:
(A) each public restroom of the entity;
(B) a conspicuous place that is either:
(i) near the public entrance of the entity;
or
(ii) in clear view of the public and
employees and near the location similar notices are customarily
posted; and
(C) for a sign posted in a hospital, the areas
described by Paragraphs (A) and (B) in relation to the hospital's
emergency room [under this section]; and
(2) may require that the sign be a certain size and
that the notice be displayed in a certain font and type size [shall
enforce this section].
(e) In adopting the rules under this section [Subsection
(b)], the attorney general shall consult with the commission. The
content of the notice contained in the sign required by this section
must be agreed to by both the attorney general and the commission
[the Texas Department of Transportation].
(f) The attorney general shall issue a warning to a person
for a first violation of Subsection (a-1). After receiving a
warning for the first violation, a person who violates Subsection
(a-1) is subject to a civil penalty in the amount of $200 for each
subsequent violation.
SECTION 2. The following provisions are repealed:
(1) Section 104.07, Alcoholic Beverage Code;
(2) Subchapter C, Chapter 102, Business & Commerce
Code;
(3) Section 241.011, Health and Safety Code; and
(4) Sections 455.207 and 1602.408, Occupations Code.
SECTION 3. Not later than January 1, 2022, the attorney
general shall:
(1) in consultation with the Health and Human Services
Commission, adopt rules necessary to implement Section 402.0351,
Government Code, as amended by this Act, including rules
prescribing the content and design of the sign required by that
section; and
(2) produce and make available for distribution an
appropriate number of signs to properly implement Section
402.0351(c), Government Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2021.