87R22626 MLH-D
By: Parker, Meyer, Rose, Oliverson, H.B. No. 3718
Thompson of Harris
Substitute the following for H.B. No. 3718:
By: Thompson of Harris C.S.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; CIVIL PENALTY [TRANSPORTATION HUBS]. (a)
In this section:
(1) "Cosmetology facility" means a person who holds a
license to operate a facility or school under Chapter 1602,
Occupations Code.
(2) "Council" means the human trafficking prevention
coordinating council established under Section 402.034.
(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) Except as provided by Subsection (a-3), a person who
operates any of the following business entities shall post at the
entity the sign prescribed under Subsection (b), or, if applicable,
a similar sign or notice as prescribed by other state law:
(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.
(a-3) Notwithstanding any other law, a state agency that
enforces another state law that requires a person described by
Subsection (a-1) to post a sign or notice relating to human
trafficking may by rule authorize the person to use the sign
prescribed by the attorney general under Subsection (b) in lieu of
the sign or notice required by the other law.
(b) The attorney general by rule shall prescribe the design
and content of a sign required to be posted under this section. The
sign must:
(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 council; and
(3) include:
(A) a toll-free [(1) the] telephone number and
Internet website for accessing human trafficking resources [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 develop the sign that
complies with the requirements of Subsection (b) and make the sign
available on the attorney general's Internet website to persons [by
rule shall prescribe the transportation hubs that are] required to
post a sign under this section and to the public [described by
Subsection (b)].
(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 best practices for
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; or
(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 [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 council [Texas
Department of Transportation].
(f) If the attorney general becomes aware that a person is
in violation or may be in violation of a law enforced by another
state agency that requires the posting of a sign or notice relating
to human trafficking, the attorney general may notify the
appropriate state agency of the violation or potential violation.
(g) The attorney general shall issue a warning to a person
described by Subsection (a-1) for a first violation of a rule
adopted under this section. After receiving a warning for the first
violation, a person who violates a rule adopted under this section
is subject to a civil penalty in the amount of $200 for each
subsequent violation. Each day a violation continues is a separate
violation.
SECTION 2. Not later than January 1, 2022, the attorney
general shall:
(1) in consultation with the human trafficking
prevention coordinating council, 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) make the sign available on the attorney general's
Internet website as required by Section 402.0351(c), Government
Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2021.