S.B. No. 1831
AN ACT
relating to the punishment for trafficking of persons, online
solicitation of a minor, and prostitution and to the dissemination
of certain information, including the required posting of certain
signs, regarding human trafficking; increasing criminal penalties;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the No Trafficking Zone
Act.
SECTION 2. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.086 to read as follows:
Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED
TRAFFICKING PENALTIES. (a) In this section:
(1) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2) "School" means a public or private primary or
secondary school.
(b) Each school shall post warning signs of the increased
penalties for trafficking of persons under Section 20A.02(b-1)(2),
Penal Code, at the following locations:
(1) parallel to and along the exterior boundaries of
the school's premises;
(2) at each roadway or other way of access to the
premises;
(3) for premises not fenced, at least every five
hundred feet along the exterior boundaries of the premises;
(4) at each entrance to the premises; and
(5) at conspicuous places reasonably likely to be
viewed by all persons entering the premises.
(c) The agency, in consultation with the human trafficking
prevention task force created under Section 402.035, Government
Code, shall adopt rules regarding the placement, installation,
design, size, wording, and maintenance procedures for the warning
signs required under this section. The rules must require that each
warning sign:
(1) include a description of the provisions of Section
20A.02(b-1), Penal Code, including the penalties for violating that
section;
(2) be written in English and Spanish; and
(3) be at least 8-1/2 by 11 inches in size.
(d) The agency shall provide each school without charge the
number of warning signs required to comply with this section and
rules adopted under this section. If the agency is unable to
provide each school with the number of signs necessary to comply
with Subsection (b), the agency may:
(1) provide to a school fewer signs than the number
necessary to comply with that section; and
(2) prioritize distribution of signs to schools based
on reports of criminal activity in the areas near that school.
SECTION 3. (a) Notwithstanding Section 1 of this Act, this
section shall be known as the Julia Wells Act.
(b) Subchapter C, Chapter 1001, Education Code, is amended
by adding Section 1001.1021 to read as follows:
Sec. 1001.1021. HUMAN TRAFFICKING PREVENTION INFORMATION.
(a) The commission by rule shall require that information relating
to human trafficking prevention be included in the curriculum of
any driver education course or driving safety course.
(b) In developing rules under this section, the commission
shall consult with the human trafficking prevention coordinating
council established under Section 402.034, Government Code.
(c) Not later than May 1, 2022, the Texas Commission of
Licensing and Regulation shall adopt the rules required by Section
1001.1021, Education Code, as added by this section.
(d) Each driver education course or driving safety course
held on or after September 1, 2022, must include in the course
curriculum the information required by Section 1001.1021,
Education Code, as added by this section.
SECTION 4. 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) "Massage establishment" and "massage school" have
the meanings assigned by Section 455.001, Occupations Code.
(5) "Sexually oriented business" has the meaning
assigned by Section 243.002, Local Government Code.
(6) "Tattoo studio" has the meaning assigned by
Section 146.001, Health and Safety 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 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 massage establishment;
(5) a massage school;
(6) a sexually oriented business;
(7) a tattoo studio; 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;
(B) the contact information for reporting
suspicious activity to the Department of Public Safety [of the
National Human Trafficking Resource Center]; and
(C) [(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 conspicuous place that is either:
(A) near the public entrance of the entity; or
(B) 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 5. Section 20A.01, Penal Code, is amended by adding
Subdivisions (2-a) and (2-b) to read as follows:
(2-a) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-b) "School" means a public or private primary or
secondary school.
SECTION 6. Section 20A.02, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as otherwise provided by this subsection and
Subsection (b-1), an offense under this section is a felony of the
second degree. An offense under this section is a felony of the
first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked.
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years if it is shown on the trial of the offense that
the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 7. Section 33.021, Penal Code, is amended by adding
Subsection (f-1) to read as follows:
(f-1) The punishment for an offense under this section is
increased to the punishment prescribed for the next higher category
of offense if it is shown on the trial of the offense that:
(1) the actor committed the offense during regular
public or private primary or secondary school hours; and
(2) the actor knew or reasonably should have known
that the minor was enrolled in a public or private primary or
secondary school at the time of the offense.
SECTION 8. Section 43.01, Penal Code, is amended by adding
Subdivisions (1-f) and (2-a) to read as follows:
(1-f) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(2-a) "School" means a public or private primary or
secondary school.
SECTION 9. Section 43.02, Penal Code, is amended by adding
Subsection (c-2) to read as follows:
(c-2) The punishment prescribed for an offense under
Subsection (b) is increased to the punishment prescribed for the
next highest category of offense if it is shown on the trial of the
offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 10. The Texas Education Agency is required to
implement the change in law made by Section 37.086(d), Education
Code, as added by this Act, only if the legislature appropriates
money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the agency may,
but is not required to, implement the change in law made by Section
37.086(d), Education Code, as added by this Act, using other
appropriations available for that purpose.
SECTION 11. 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 12. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 13. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1831 passed the Senate on
April 27, 2021, by the following vote: Yeas 31, Nays 0;
May 25, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2021, House
granted request of the Senate; May 29, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1831 passed the House, with
amendments, on May 24, 2021, by the following vote: Yeas 145,
Nays 0, one present not voting; May 27, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 140, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor