Texas 2021 - 87th Regular

Texas Senate Bill SB316 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R748 JES-D
2	2	By: Huffman S.B. No. 316
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for human trafficking awareness and
8	8	prevention in commercial lodging establishments; authorizing a
9	9	civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
12	12	amended by adding Chapter 114 to read as follows:
13	13	CHAPTER 114. HUMAN TRAFFICKING AWARENESS AND PREVENTION IN
14	14	COMMERCIAL LODGING ESTABLISHMENTS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 114.0001. DEFINITIONS. In this chapter:
17	17	(1) "Commercial lodging establishment" means a hotel,
18	18	motel, inn, or similar business entity that offers more than 10
19	19	rooms to the public for temporary lodging for a fee.
20	20	(2) "Human trafficking" means conduct that
21	21	constitutes an offense under Section 20A.02, Penal Code.
22	22	(3) "Operator" means a person who owns, operates,
23	23	manages, or controls a business entity.
24	24	Sec. 114.0002. RULES. The attorney general by rule shall:
25	25	(1) establish the form and requirements for operators
26	26	of commercial lodging establishments to certify compliance under
27	27	Section 114.0051;
28	28	(2) create and make available to commercial lodging
29	29	establishments a template for the sign required under Section
30	30	114.0053; and
31	31	(3) designate a telephone number for reporting a
32	32	suspected act of human trafficking or a violation of this chapter.
33	33	SUBCHAPTER B. MEASURES TO PREVENT HUMAN TRAFFICKING
34	34	Sec. 114.0051. TRAINING REQUIRED. (a) The operator of a
35	35	commercial lodging establishment shall require each employee to
36	36	complete an annual human trafficking awareness and prevention
37	37	training program. The training program must:
38	38	(1) be not less than 20 minutes in duration;
39	39	(2) be approved by the attorney general or appear on
40	40	the list of preapproved training programs published by the attorney
41	41	general;
42	42	(3) be completed by a new employee of the
43	43	establishment not later than the 30th day after the date the
44	44	employee is hired;
45	45	(4) provide a certificate of completion for an
46	46	employee who completes the training; and
47	47	(5) include:
48	48	(A) an overview of human trafficking, including a
49	49	description of:
50	50	(i) the experience of human trafficking
51	51	victims;
52	52	(ii) how and why human trafficking takes
53	53	place in the hospitality industry; and
54	54	(iii) how human trafficking is defined
55	55	under state and federal law;
56	56	(B) guidance on how to identify individuals who
57	57	are most at risk for human trafficking;
58	58	(C) information on the difference between labor
59	59	and sex trafficking as that relates to identification of human
60	60	trafficking in the hospitality industry;
61	61	(D) guidance on the role of an employee in
62	62	reporting and responding to human trafficking; and
63	63	(E) the contact information of appropriate
64	64	entities for reporting human trafficking, including:
65	65	(i) the National Human Trafficking Hotline
66	66	toll-free telephone number and text line;
67	67	(ii) appropriate local law enforcement
68	68	agencies; and
69	69	(iii) a telephone number designated by the
70	70	attorney general for reporting suspected human trafficking.
71	71	(b) The training required under this section may be offered
72	72	in person or online. Online training must include a pacing
73	73	mechanism that requires the employee to read all course materials,
74	74	view all videos, and complete all coursework before generating a
75	75	certificate of completion.
76	76	(c) The attorney general shall publish on the attorney
77	77	general's Internet website a list of preapproved training programs
78	78	that satisfy the requirements for the human trafficking awareness
79	79	and prevention training program required by this section.
80	80	Sec. 114.0052. CERTIFICATION OF TRAINING COMPLIANCE;
81	81	RECORD RETENTION. (a) The operator of a commercial lodging
82	82	establishment shall annually certify to the attorney general, in
83	83	the form and manner prescribed by the attorney general, that all
84	84	employees of the establishment have completed the human trafficking
85	85	training required by Section 114.0051.
86	86	(b) The operator shall maintain sufficient records to show
87	87	the operator's compliance with Section 114.0051 and shall provide
88	88	the records to the attorney general not later than 72 hours after
89	89	the attorney general requests the records.
90	90	Sec. 114.0053. SIGN REQUIRED. The operator of a commercial
91	91	lodging establishment shall display at the commercial lodging
92	92	establishment a sign, in the form prescribed by the attorney
93	93	general, that:
94	94	(1) includes a statement that employees of the
95	95	commercial lodging establishment are required to receive annual
96	96	human trafficking training and may not be disciplined, retaliated
97	97	against, or otherwise discriminated against for making a good faith
98	98	report of a suspected act of human trafficking;
99	99	(2) includes information on how to recognize and
100	100	report human trafficking, including a list of indicators of human
101	101	trafficking;
102	102	(3) includes a phone number designated by the attorney
103	103	general for reporting a suspected act of human trafficking or a
104	104	violation of this chapter;
105	105	(4) is at least 11 inches by 17 inches in size and
106	106	written in at least a 16-point font;
107	107	(5) is posted separately in English, Spanish, and any
108	108	other primary language spoken by 10 percent or more of the
109	109	establishment's employees; and
110	110	(6) is posted in a location that is easily visible to
111	111	all employees.
112	112	Sec. 114.0054. DISCRIMINATION AND RETALIATION PROHIBITED.
113	113	The operator of a commercial lodging establishment may not
114	114	discipline, retaliate against, or otherwise discriminate against
115	115	an employee who in good faith reports a suspected act of human
116	116	trafficking to the operator, a law enforcement agency, the National
117	117	Human Trafficking Resource Center, the attorney general, or any
118	118	other appropriate authority.
119	119	SUBCHAPTER C. ENFORCEMENT
120	120	Sec. 114.0101. OPPORTUNITY TO CURE. If the attorney
121	121	general has reason to believe an operator of a commercial lodging
122	122	establishment has violated this chapter, the attorney general shall
123	123	provide written notice to the operator that:
124	124	(1) describes the operator's violation;
125	125	(2) states that the commercial lodging establishment
126	126	may be liable for a civil penalty if the operator does not cure the
127	127	violation before the 30th day after the date the operator receives
128	128	the notice; and
129	129	(3) includes the maximum potential civil penalty that
130	130	may be imposed for the violation.
131	131	Sec. 114.0102. CIVIL PENALTY. (a) If the operator of a
132	132	commercial lodging establishment fails to cure a violation of this
133	133	chapter before the 30th day after the date the operator receives
134	134	notice of the violation under Section 114.0101, the establishment
135	135	is liable to this state for a civil penalty in an amount not to
136	136	exceed $500 for each violation. Each day a violation continues is a
137	137	separate violation for purposes of imposing the civil penalty.
138	138	(b) In determining the amount of a civil penalty to impose
139	139	under this section, a court must consider:
140	140	(1) the seriousness of a violation;
141	141	(2) a history of previous violations;
142	142	(3) the amount necessary to deter a future violation;
143	143	(4) efforts made to correct a violation; and
144	144	(5) any other matter that justice may require.
145	145	Sec. 114.0103. ACTION BY ATTORNEY GENERAL. (a) The
146	146	attorney general may bring an action in the name of the state:
147	147	(1) to recover a civil penalty imposed under Section
148	148	114.0102; or
149	149	(2) for injunctive relief to require compliance with
150	150	this chapter.
151	151	(b) An action under this section may be brought in a
152	152	district court in:
153	153	(1) Travis County; or
154	154	(2) a county in which any part of the violation or
155	155	threatened violation occurs.
156	156	(c) The attorney general may recover reasonable expenses
157	157	incurred in obtaining injunctive relief or a civil penalty under
158	158	this section, including court costs, reasonable attorney's fees,
159	159	and investigatory costs.
160	160	SECTION 2. Not later than December 1, 2021, the attorney
161	161	general shall adopt rules necessary to implement Chapter 114,
162	162	Business & Commerce Code, as added by this Act.
163	163	SECTION 3. (a) Except as provided by Subsection (b) of this
164	164	section, this Act takes effect September 1, 2021.
165	165	(b) Chapter 114, Business & Commerce Code, as added by this
166	166	Act, takes effect January 1, 2022.