Texas 2021 - 87th Regular

Texas Senate Bill SB1831 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1831
	1	+	By: Taylor, et al. S.B. No. 1831
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the punishment for trafficking of persons, online
6		-	solicitation of a minor, and prostitution and to the dissemination
7		-	of certain information, including the required posting of certain
8		-	signs, regarding human trafficking; increasing criminal penalties;
9		-	providing a civil penalty.
	8	+	solicitation of a minor, and prostitution and warning signs
	9	+	regarding certain penalties for trafficking of persons; increasing
	10	+	criminal penalties.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. This Act may be cited as the No Trafficking Zone
12	13		Act.
13	14		SECTION 2. Subchapter C, Chapter 37, Education Code, is
14	15		amended by adding Section 37.086 to read as follows:
15	16		Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED
16	17		TRAFFICKING PENALTIES. (a) In this section:
17	18		(1) "Premises" has the meaning assigned by Section
18	19		481.134, Health and Safety Code.
19	20		(2) "School" means a public or private primary or
20	21		secondary school.
21	22		(b) Each school shall post warning signs of the increased
22	23		penalties for trafficking of persons under Section 20A.02(b-1)(2),
23	24		Penal Code, at the following locations:
24	25		(1) parallel to and along the exterior boundaries of
25	26		the school's premises;
26	27		(2) at each roadway or other way of access to the
27	28		premises;
28	29		(3) for premises not fenced, at least every five
29	30		hundred feet along the exterior boundaries of the premises;
30	31		(4) at each entrance to the premises; and
31	32		(5) at conspicuous places reasonably likely to be
32	33		viewed by all persons entering the premises.
33	34		(c) The agency, in consultation with the human trafficking
34	35		prevention task force created under Section 402.035, Government
35	36		Code, shall adopt rules regarding the placement, installation,
36	37		design, size, wording, and maintenance procedures for the warning
37	38		signs required under this section. The rules must require that each
38	39		warning sign:
39	40		(1) include a description of the provisions of Section
40	41		20A.02(b-1), Penal Code, including the penalties for violating that
41	42		section;
42	43		(2) be written in English and Spanish; and
43	44		(3) be at least 8-1/2 by 11 inches in size.
44	45		(d) The agency shall provide each school without charge the
45	46		number of warning signs required to comply with this section and
46	47		rules adopted under this section. If the agency is unable to
47	48		provide each school with the number of signs necessary to comply
48	49		with Subsection (b), the agency may:
49	50		(1) provide to a school fewer signs than the number
50	51		necessary to comply with that section; and
51	52		(2) prioritize distribution of signs to schools based
52	53		on reports of criminal activity in the areas near that school.
53		-	SECTION 3. (a) Notwithstanding Section 1 of this Act, this
54		-	section shall be known as the Julia Wells Act.
55		-	(b) Subchapter C, Chapter 1001, Education Code, is amended
56		-	by adding Section 1001.1021 to read as follows:
57		-	Sec. 1001.1021. HUMAN TRAFFICKING PREVENTION INFORMATION.
58		-	(a) The commission by rule shall require that information relating
59		-	to human trafficking prevention be included in the curriculum of
60		-	any driver education course or driving safety course.
61		-	(b) In developing rules under this section, the commission
62		-	shall consult with the human trafficking prevention coordinating
63		-	council established under Section 402.034, Government Code.
64		-	(c) Not later than May 1, 2022, the Texas Commission of
65		-	Licensing and Regulation shall adopt the rules required by Section
66		-	1001.1021, Education Code, as added by this section.
67		-	(d) Each driver education course or driving safety course
68		-	held on or after September 1, 2022, must include in the course
69		-	curriculum the information required by Section 1001.1021,
70		-	Education Code, as added by this section.
71		-	SECTION 4. Section 402.0351, Government Code, is amended to
72		-	read as follows:
73		-	Sec. 402.0351. REQUIRED POSTING OF HUMAN TRAFFICKING SIGNS
74		-	BY [AT] CERTAIN ENTITIES; CIVIL PENALTY [TRANSPORTATION HUBS]. (a)
75		-	In this section:
76		-	(1) "Cosmetology facility" means a person who holds a
77		-	license to operate a facility or school under Chapter 1602,
78		-	Occupations Code.
79		-	(2) "Council" means the human trafficking prevention
80		-	coordinating council established under Section 402.034.
81		-	(3) "Hospital" has the meaning assigned by Section
82		-	241.003, Health and Safety Code.
83		-	(4) "Massage establishment" and "massage school" have
84		-	the meanings assigned by Section 455.001, Occupations Code.
85		-	(5) "Sexually oriented business" has the meaning
86		-	assigned by Section 243.002, Local Government Code.
87		-	(6) "Tattoo studio" has the meaning assigned by
88		-	Section 146.001, Health and Safety Code.
89		-	(7) "Transportation[, "transportation] hub" means a
90		-	bus, bus stop, train, train station, rest area, gas station with
91		-	adjacent convenience store, or airport.
92		-	(a-1) Except as provided by Subsection (a-3), a person who
93		-	operates any of the following entities shall post at the entity the
94		-	sign prescribed under Subsection (b), or, if applicable, a similar
95		-	sign or notice as prescribed by other state law:
96		-	(1) an entity permitted or licensed under Chapter 25,
97		-	26, 28, 32, 69, or 71, Alcoholic Beverage Code, other than an entity
98		-	holding a food and beverage certificate;
99		-	(2) a cosmetology facility;
100		-	(3) a hospital;
101		-	(4) a massage establishment;
102		-	(5) a massage school;
103		-	(6) a sexually oriented business;
104		-	(7) a tattoo studio; or
105		-	(8) a transportation hub.
106		-	(a-2) The Parks and Wildlife Department shall post the sign
107		-	prescribed under Subsection (b), or a substantially similar sign,
108		-	in the manner prescribed by Subsection (d) at each state park and
109		-	other recreational site under the department's jurisdiction.
110		-	(a-3) Notwithstanding any other law, a state agency that
111		-	enforces another state law that requires a person described by
112		-	Subsection (a-1) to post a sign or notice relating to human
113		-	trafficking may by rule authorize the person to use the sign
114		-	prescribed by the attorney general under Subsection (b) in lieu of
115		-	the sign or notice required by the other law.
116		-	(b) The attorney general by rule shall prescribe the design
117		-	and content of a sign required to be posted under this section. The
118		-	sign must:
119		-	(1) contain information regarding services and
120		-	assistance available to victims of human trafficking;
121		-	(2) [to be displayed at transportation hubs. The sign
122		-	must] be in [both] English, [and] Spanish, and any other language
123		-	determined appropriate by the attorney general in consultation with
124		-	the council; and
125		-	(3) include:
126		-	(A) a toll-free [(1) the] telephone number and
127		-	Internet website for accessing human trafficking resources;
128		-	(B) the contact information for reporting
129		-	suspicious activity to the Department of Public Safety [of the
130		-	National Human Trafficking Resource Center]; and
131		-	(C) [(2)] the key indicators that a person is a
132		-	victim of human trafficking.
133		-	(c) The attorney general shall develop the sign that
134		-	complies with the requirements of Subsection (b) and make the sign
135		-	available on the attorney general's Internet website to persons [by
136		-	rule shall prescribe the transportation hubs that are] required to
137		-	post a sign under this section and to the public [described by
138		-	Subsection (b)].
139		-	(d) [A person who operates a transportation hub that is
140		-	required to post a sign under Subsection (c) shall post a sign
141		-	described by Subsection (b) at the transportation hub.] The
142		-	attorney general[:
143		-	[(1)] by rule shall prescribe the best practices for
144		-	the manner in which the sign must be displayed [at the
145		-	transportation hub] and any exceptions to the sign posting
146		-	requirement. The rules:
147		-	(1) must require that at a minimum the sign be posted
148		-	in a conspicuous place that is either:
149		-	(A) near the public entrance of the entity; or
150		-	(B) in clear view of the public and employees and
151		-	near the location similar notices are customarily posted [under
152		-	this section]; and
153		-	(2) may require that the sign be a certain size and
154		-	that the notice be displayed in a certain font and type size [shall
155		-	enforce this section].
156		-	(e) In adopting the rules under this section [Subsection
157		-	(b)], the attorney general shall consult with the council [Texas
158		-	Department of Transportation].
159		-	(f) If the attorney general becomes aware that a person is
160		-	in violation or may be in violation of a law enforced by another
161		-	state agency that requires the posting of a sign or notice relating
162		-	to human trafficking, the attorney general may notify the
163		-	appropriate state agency of the violation or potential violation.
164		-	(g) The attorney general shall issue a warning to a person
165		-	described by Subsection (a-1) for a first violation of a rule
166		-	adopted under this section. After receiving a warning for the first
167		-	violation, a person who violates a rule adopted under this section
168		-	is subject to a civil penalty in the amount of $200 for each
169		-	subsequent violation. Each day a violation continues is a separate
170		-	violation.
171		-	SECTION 5. Section 20A.01, Penal Code, is amended by adding
	54	+	SECTION 3. Section 20A.01, Penal Code, is amended by adding
172	55		Subdivisions (2-a) and (2-b) to read as follows:
173	56		(2-a) "Premises" has the meaning assigned by Section
174	57		481.134, Health and Safety Code.
175	58		(2-b) "School" means a public or private primary or
176	59		secondary school.
177		-	SECTION 6. Section 20A.02, Penal Code, is amended by
	60	+	SECTION 4. Section 20A.02, Penal Code, is amended by
178	61		amending Subsection (b) and adding Subsection (b-1) to read as
179	62		follows:
180	63		(b) Except as otherwise provided by this subsection and
181	64		Subsection (b-1), an offense under this section is a felony of the
182	65		second degree. An offense under this section is a felony of the
183	66		first degree if:
184	67		(1) the applicable conduct constitutes an offense
185	68		under Subsection (a)(5), (6), (7), or (8), regardless of whether
186	69		the actor knows the age of the child at the time of the offense;
187	70		(2) the commission of the offense results in the death
188	71		of the person who is trafficked; or
189	72		(3) the commission of the offense results in the death
190	73		of an unborn child of the person who is trafficked.
191	74		(b-1) An offense under this section is a felony of the first
192	75		degree punishable by imprisonment in the Texas Department of
193	76		Criminal Justice for life or for a term of not more than 99 years or
194	77		less than 25 years if it is shown on the trial of the offense that
195	78		the actor committed the offense in a location that was:
196	79		(1) on the premises of or within 1,000 feet of the
197	80		premises of a school; or
198	81		(2) on premises or within 1,000 feet of premises
199	82		where:
200	83		(A) an official school function was taking place;
201	84		or
202	85		(B) an event sponsored or sanctioned by the
203	86		University Interscholastic League was taking place.
204		-	SECTION 7. Section 33.021, Penal Code, is amended by adding
	87	+	SECTION 5. Section 33.021, Penal Code, is amended by adding
205	88		Subsection (f-1) to read as follows:
206	89		(f-1) The punishment for an offense under this section is
207	90		increased to the punishment prescribed for the next higher category
208	91		of offense if it is shown on the trial of the offense that:
209	92		(1) the actor committed the offense during regular
210	93		public or private primary or secondary school hours; and
211	94		(2) the actor knew or reasonably should have known
212	95		that the minor was enrolled in a public or private primary or
213	96		secondary school at the time of the offense.
214		-	SECTION 8. Section 43.01, Penal Code, is amended by adding
215		-	Subdivisions (1-f) and (2-a) to read as follows:
	97	+	SECTION 6. Section 43.01, Penal Code, is amended by adding
	98	+	Subdivisions (1-f) and (2-a) to read as follows.
216	99		(1-f) "Premises" has the meaning assigned by Section
217	100		481.134, Health and Safety Code.
218	101		(2-a) "School" means a public or private primary or
219	102		secondary school.
220		-	SECTION 9. Section 43.02, Penal Code, is amended by adding
	103	+	SECTION 7. Section 43.02, Penal Code, is amended by adding
221	104		Subsection (c-2) to read as follows:
222	105		(c-2) The punishment prescribed for an offense under
223	106		Subsection (b) is increased to the punishment prescribed for the
224	107		next highest category of offense if it is shown on the trial of the
225	108		offense that the actor committed the offense in a location that was:
226	109		(1) on the premises of or within 1,000 feet of the
227	110		premises of a school; or
228	111		(2) on premises or within 1,000 feet of premises
229	112		where:
230	113		(A) an official school function was taking place;
231	114		or
232	115		(B) an event sponsored or sanctioned by the
233	116		University Interscholastic League was taking place.
234		-	SECTION 10. The Texas Education Agency is required to
	117	+	SECTION 8. The Texas Education Agency is required to
235	118		implement the change in law made by Section 37.086(d), Education
236	119		Code, as added by this Act, only if the legislature appropriates
237	120		money specifically for that purpose. If the legislature does not
238	121		appropriate money specifically for that purpose, the agency may,
239	122		but is not required to, implement the change in law made by Section
240	123		37.086(d), Education Code, as added by this Act, using other
241	124		appropriations available for that purpose.
242		-	SECTION 11. The attorney general shall:
243		-	(1) in consultation with the human trafficking
244		-	prevention coordinating council, adopt rules necessary to
245		-	implement Section 402.0351, Government Code, as amended by this
246		-	Act, including rules prescribing the content and design of the sign
247		-	required by that section; and
248		-	(2) make the sign available on the attorney general's
249		-	Internet website as required by Section 402.0351(c), Government
250		-	Code, as amended by this Act.
251		-	SECTION 12. The changes in law made by this Act apply only
252		-	to an offense committed on or after the effective date of this Act.
253		-	An offense committed before the effective date of this Act is
254		-	governed by the law in effect on the date the offense was committed,
255		-	and the former law is continued in effect for that purpose. For
256		-	purposes of this section, an offense was committed before the
257		-	effective date of this Act if any element of the offense occurred
258		-	before that date.
259		-	SECTION 13. This Act takes effect September 1, 2021.
260		-	______________________________ ______________________________
261		-	President of the Senate Speaker of the House
262		-	I hereby certify that S.B. No. 1831 passed the Senate on
263		-	April 27, 2021, by the following vote: Yeas 31, Nays 0;
264		-	May 25, 2021, Senate refused to concur in House amendments and
265		-	requested appointment of Conference Committee; May 27, 2021, House
266		-	granted request of the Senate; May 29, 2021, Senate adopted
267		-	Conference Committee Report by the following vote: Yeas 31,
268		-	Nays 0.
269		-	______________________________
270		-	Secretary of the Senate
271		-	I hereby certify that S.B. No. 1831 passed the House, with
272		-	amendments, on May 24, 2021, by the following vote: Yeas 145,
273		-	Nays 0, one present not voting; May 27, 2021, House granted request
274		-	of the Senate for appointment of Conference Committee;
275		-	May 30, 2021, House adopted Conference Committee Report by the
276		-	following vote: Yeas 140, Nays 0, one present not voting.
277		-	______________________________
278		-	Chief Clerk of the House
279		-	Approved:
280		-	______________________________
281		-	Date
282		-	______________________________
283		-	Governor
	125	+	SECTION 9. The changes in law made by this Act apply only to
	126	+	an offense committed on or after the effective date of this Act. An
	127	+	offense committed before the effective date of this Act is governed
	128	+	by the law in effect on the date the offense was committed, and the
	129	+	former law is continued in effect for that purpose. For purposes of
	130	+	this section, an offense was committed before the effective date of
	131	+	this Act if any element of the offense occurred before that date.
	132	+	SECTION 10. This Act takes effect September 1, 2021.