Texas 2021 - 87th Regular

Texas House Bill HB390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 390
	1	+	By: Thompson of Harris, et al. H.B. No. 390
	2	+	(Senate Sponsor - Huffman)
	3	+	(In the Senate - Received from the House April 6, 2021;
	4	+	April 8, 2021, read first time and referred to Committee on
	5	+	Jurisprudence; April 26, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	7	+	April 26, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 390 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to requirements for human trafficking awareness and
6	15		prevention in commercial lodging establishments; authorizing a
7	16		civil penalty.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
10	19		amended by adding Chapter 114 to read as follows:
11	20		CHAPTER 114. HUMAN TRAFFICKING AWARENESS AND PREVENTION IN
12	21		COMMERCIAL LODGING ESTABLISHMENTS
13	22		SUBCHAPTER A. GENERAL PROVISIONS
14	23		Sec. 114.0001. DEFINITIONS. In this chapter:
15	24		(1) "Commercial lodging establishment" means a hotel,
16	25		motel, inn, or similar business entity that offers more than 10
17	26		rooms to the public for temporary lodging for a fee.
18	27		(2) "Human trafficking" means conduct that
19	28		constitutes an offense under Section 20A.02, Penal Code.
20	29		(3) "Operator" means a person who owns, operates,
21	30		manages, or controls a business entity.
22	31		(4) "Peace officer" means a peace officer described by
23	32		Article 2.12, Code of Criminal Procedure, appointed or employed to
24		-	serve as a peace officer for a law enforcement agency.
	33	+	serve as a peace officer for a law enforcement agency of a political
	34	+	subdivision.
25	35		Sec. 114.0002. RULES. The attorney general by rule shall:
26	36		(1) establish the requirements for operators of
27	37		commercial lodging establishments to comply with the training
28	38		required under Section 114.0051;
29	39		(2) create and make available to commercial lodging
30	40		establishments a template for the sign required under Section
31	41		114.0053; and
32	42		(3) designate a telephone number for reporting a
33	43		suspected act of human trafficking or a violation of this chapter.
34	44		Sec. 114.0003. EFFECT ON MUNICIPAL ORDINANCES. (a) This
35	45		chapter does not preempt a municipal ordinance, rule, or other
36	46		regulation related to human trafficking awareness and prevention in
37	47		commercial lodging establishments, including training and
38	48		certification requirements.
39	49		(b) If a municipal ordinance described by Subsection (a)
40	50		conflicts with a provision of this chapter, the more stringent
41	51		regulation controls to the extent of the conflict.
42	52		SUBCHAPTER B. MEASURES TO PREVENT HUMAN TRAFFICKING
43	53		Sec. 114.0051. TRAINING REQUIRED. (a) The operator of a
44	54		commercial lodging establishment shall require each employee who is
45	55		directly employed by the establishment to complete an annual human
46	56		trafficking awareness and prevention training program. The
47	57		training program, including any supporting supplemental training
48	58		material, must:
49	59		(1) be not less than 20 minutes in duration;
50	60		(2) be approved by the attorney general or appear on
51	61		the list of preapproved training programs published by the attorney
52	62		general;
53	63		(3) be completed by a new employee of the
54	64		establishment not later than the 90th day after the date the
55	65		employee is hired;
56	66		(4) provide a certificate of completion for an
57	67		employee who completes the training; and
58	68		(5) include:
59	69		(A) an overview of human trafficking, including a
60	70		description of:
61	71		(i) the experience of human trafficking
62	72		victims;
63	73		(ii) how and why human trafficking takes
64	74		place in the hospitality industry; and
65	75		(iii) how human trafficking is defined;
66	76		(B) guidance on how to identify individuals who
67	77		are most at risk for human trafficking;
68	78		(C) information on the difference between labor
69	79		and sex trafficking as that relates to identification of human
70	80		trafficking in the hospitality industry;
71	81		(D) guidance on the role of an employee in
72	82		reporting and responding to human trafficking; and
73	83		(E) the contact information of appropriate
74	84		entities for reporting human trafficking, including:
75	85		(i) the National Human Trafficking Hotline
76	86		toll-free telephone number and text line;
77		-	(ii) appropriate law enforcement ~~agencies;~~
78		-	and
	87	+	(ii) appropriate local law enforcement
	88	+	agencies; and
79	89		(iii) a telephone number designated by the
80	90		attorney general for reporting suspected human trafficking.
81	91		(b) The training required under this section may be offered
82	92		in person or online. Online training must include a pacing
83	93		mechanism that requires the employee to read all course materials,
84	94		view all videos, complete all coursework, and certify that the
85	95		employee has completed all coursework before issuing a certificate
86	96		of completion.
87	97		(c) The attorney general shall publish on the attorney
88	98		general's Internet website a list of preapproved training programs
89	99		that satisfy the requirements for the human trafficking awareness
90	100		and prevention training program required by this section.
91	101		Sec. 114.0052. TRAINING COMPLIANCE; RECORD RETENTION. (a)
92	102		The operator of a commercial lodging establishment shall maintain,
93	103		in the form and manner prescribed by the attorney general, all
94	104		documentation and certificates of completion for all current and
95	105		former employees of the establishment who have completed the human
96	106		trafficking training required by Section 114.0051.
97	107		(b) The operator shall maintain sufficient records to show
98	108		the operator's compliance with Section 114.0051 and shall provide
99	109		the records to the attorney general, in the form and manner
100	110		prescribed by the attorney general, not later than 72 hours after
101	111		the attorney general requests the records.
102	112		Sec. 114.0053. SIGN REQUIRED. The operator of a commercial
103	113		lodging establishment shall display at the commercial lodging
104	114		establishment a sign, in the form prescribed by the attorney
105	115		general, that:
106	116		(1) includes a statement that employees of the
107	117		commercial lodging establishment are required to receive annual
108	118		human trafficking training and may not be disciplined, retaliated
109	119		against, or otherwise discriminated against for making a good faith
110	120		report of a suspected act of human trafficking;
111	121		(2) includes information on how to recognize and
112	122		report human trafficking, including a list of indicators of human
113	123		trafficking;
114	124		(3) includes a phone number designated by the attorney
115	125		general for reporting a suspected act of human trafficking or a
116	126		violation of this chapter;
117		-	(4) includes the contact information for reporting
118		-	suspicious activity to the Department of Public Safety;
119		-	(5) is at least 11 inches by 17 inches in size and
	127	+	(4) is at least 11 inches by 17 inches in size and
120	128		written in at least a 16-point font;
121		-	(6) is posted separately in English, Spanish, and any
	129	+	(5) is posted separately in English, Spanish, and any
122	130		other primary language spoken by 10 percent or more of the
123	131		establishment's employees; and
124		-	(7) is posted in a location that is easily visible to
	132	+	(6) is posted in a location that is easily visible to
125	133		all employees.
126	134		Sec. 114.0054. DISCRIMINATION AND RETALIATION PROHIBITED.
127	135		The operator of a commercial lodging establishment may not
128	136		discipline, retaliate against, or otherwise discriminate against
129	137		an employee who in good faith reports a suspected act of human
130	138		trafficking to the operator, a law enforcement agency, the National
131	139		Human Trafficking Resource Center, the attorney general, or any
132	140		other appropriate authority.
133	141		SUBCHAPTER C. ENFORCEMENT
134	142		Sec. 114.0101. ENTRY BY PEACE OFFICER. A peace officer may
135	143		enter the premises of a commercial lodging establishment between
136	144		the hours of 9 a.m. and 5 p.m. Monday through Friday to ensure
137	145		compliance with this chapter.
138	146		Sec. 114.0102. OPPORTUNITY TO CURE. If the attorney
139	147		general has reason to believe an operator of a commercial lodging
140	148		establishment has violated this chapter, the attorney general shall
141	149		provide written notice to the operator that:
142	150		(1) describes the operator's violation;
143	151		(2) states that the commercial lodging establishment
144	152		may be liable for a civil penalty if the operator does not cure the
145	153		violation before the 30th day after the date the operator receives
146	154		the notice; and
147	155		(3) includes the maximum potential civil penalty that
148	156		may be imposed for the violation.
149	157		Sec. 114.0103. CIVIL PENALTY. (a) If the operator of a
150	158		commercial lodging establishment fails to cure a violation of this
151	159		chapter before the 30th day after the date the operator receives
152	160		notice of the violation under Section 114.0102, the establishment
153	161		is liable to this state for a civil penalty in an amount not to
154	162		exceed $500 for each violation. Each day a violation continues is a
155	163		separate violation for purposes of imposing the civil penalty.
156	164		(b) In determining the amount of a civil penalty to impose
157	165		under this section, a court must consider:
158	166		(1) the seriousness of a violation;
159	167		(2) a history of previous violations;
160	168		(3) the amount necessary to deter a future violation;
161	169		(4) efforts made to correct a violation; and
162	170		(5) any other matter that justice may require.
163	171		Sec. 114.0104. ACTION BY ATTORNEY GENERAL. (a) The
164	172		attorney general may bring an action in the name of the state:
165	173		(1) to recover a civil penalty imposed under Section
166	174		114.0103; or
167	175		(2) for injunctive relief to require compliance with
168	176		this chapter.
169	177		(b) An action under this section may be brought in a
170	178		district court in:
171	179		(1) Travis County; or
172	180		(2) a county in which any part of the violation or
173	181		threatened violation occurs.
174	182		(c) The attorney general may recover reasonable expenses
175	183		incurred in obtaining injunctive relief or a civil penalty under
176	184		this section, including court costs, reasonable attorney's fees,
177	185		and investigatory costs.
178	186		SECTION 2. Not later than December 1, 2021, the attorney
179	187		general shall adopt rules necessary to implement Chapter 114,
180	188		Business & Commerce Code, as added by this Act.
181	189		SECTION 3. (a) Except as provided by Subsection (b) of this
182	190		section, this Act takes effect September 1, 2021.
183	191		(b) Chapter 114, Business & Commerce Code, as added by this
184	192		Act, takes effect January 1, 2022.
185		-	______________________________ ______________________________
186		-	President of the Senate Speaker of the House
187		-	I certify that H.B. No. 390 was passed by the House on April
188		-	1, 2021, by the following vote: Yeas 122, Nays 26, 1 present, not
189		-	voting; and that the House concurred in Senate amendments to H.B.
190		-	No. 390 on May 5, 2021, by the following vote: Yeas 125, Nays 17, 1
191		-	present, not voting.
192		-	______________________________
193		-	Chief Clerk of the House
194		-	I certify that H.B. No. 390 was passed by the Senate, with
195		-	amendments, on May 3, 2021, by the following vote: Yeas 30, Nays 0.
196		-	______________________________
197		-	Secretary of the Senate
198		-	APPROVED: __________________
199		-	Date
200		-	__________________
201		-	Governor
	193	+	* * * * *