Texas 2025 - 89th Regular

Texas House Bill HB2318 Compare Versions

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

Old	New	Differences
1	1	89R3063 MZM-F
2	2	By: Thompson H.B. No. 2318
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of a statewide human trafficking data
10	10	repository within the office of the attorney general and to
11	11	reporting of human trafficking data to the office of the attorney
12	12	general and by the attorney general.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2A.205, Code of Criminal Procedure, is
15	15	transferred to Subchapter B, Chapter 402, Government
16	16	Code, redesignated as Section 402.0352, Government Code, and
17	17	amended to read as follows:
18	18	Sec. 402.0352 [Art. 2A.205]. REPORTING OF [CERTAIN LAW
19	19	ENFORCEMENT AGENCIES: REPORT CONCERNING] HUMAN TRAFFICKING CASES.
20	20	(a) This section [article] applies only to:
21	21	(1) a municipal police department, sheriff's
22	22	department, constable's office, county attorney's office, district
23	23	attorney's office, and criminal district attorney's office, as
24	24	applicable, in a county with a population of more than 50,000;
25	25	(2) the Department of Family and Protective Services;
26	26	(3) the Texas Department of Licensing and Regulation;
27	27	(4) the Office of Court Administration of the Texas
28	28	Judicial System;
29	29	(5) the Texas Department of Criminal Justice;
30	30	(6) the Texas Juvenile Justice Department; and
31	31	(7) [(2)] the Department of Public Safety.
32	32	(b) An entity to which this section [article] applies that
33	33	investigates the alleged commission of an offense under Chapter
34	34	20A, Penal Code, or the alleged commission of an offense under
35	35	Chapter 43, Penal Code, that may involve human trafficking, shall
36	36	submit to the attorney general [a report] in the manner and form
37	37	prescribed by the attorney general a report containing the
38	38	following information:
39	39	(1) the offense being investigated, including the
40	40	offense code designated by the Department of Public Safety under
41	41	Article 66.052, Code of Criminal Procedure [a brief description of
42	42	the alleged prohibited conduct];
43	43	(2) regarding each person suspected of committing the
44	44	offense [and each victim of the offense, as applicable]:
45	45	(A) the person's:
46	46	(i) full name [age];
47	47	(ii) gender; [and]
48	48	(iii) race or ethnicity, as defined by
49	49	Article 2B.0051, Code of Criminal Procedure;
50	50	(iv) country of origin, if the person is not
51	51	a United States citizen or legal permanent resident;
52	52	(v) date of birth; and
53	53	(vi) age at the time of the offense, if
54	54	available; and
55	55	(B) the case number associated with the person
56	56	and the offense [and with the person suspected of committing the
57	57	offense];
58	58	(3) the date[, time,] and location of the alleged
59	59	offense, including the city and county;
60	60	(4) [the type of human trafficking involved,
61	61	including:
62	62	[(A) forced labor or services, as defined by
63	63	Section 20A.01, Penal Code;
64	64	[(B) causing the victim by force, fraud, or
65	65	coercion to engage in prohibited conduct involving one or more
66	66	sexual activities, including conduct described by Section
67	67	20A.02(a)(3), Penal Code; or
68	68	[(C) causing a child victim by any means to
69	69	engage in, or become the victim of, prohibited conduct involving
70	70	one or more sexual activities, including conduct described by
71	71	Section 20A.02(a)(7), Penal Code;
72	72	[(5) if available, information regarding any victims'
73	73	service organization or program to which the victim was referred as
74	74	part of the investigation; and
75	75	[(6)] the disposition of the investigation, if any,
76	76	regardless of the manner of disposition; and
77	77	(5) regarding the victim of the offense:
78	78	(A) the victim's:
79	79	(i) age at the time of the offense, if
80	80	available;
81	81	(ii) gender;
82	82	(iii) race or ethnicity, as defined by
83	83	Article 2.132, Code of Criminal Procedure; and
84	84	(iv) country of origin, if the victim is not
85	85	a United States citizen or legal permanent resident; and
86	86	(B) if available, information regarding any
87	87	victims' service organization or program to which the victim was
88	88	referred as part of the investigation.
89	89	(c) An entity described by Subsection (a) that does not have
90	90	any investigations or offenses required to be reported under this
91	91	section during a reporting period described by Subsection (c-1)
92	92	shall submit to the attorney general a notice stating there are no
93	93	cases to report, in the manner and form prescribed by the attorney
94	94	general [An attorney representing the state who prosecutes the
95	95	alleged commission of an offense under Chapter 20A, Penal Code, or
96	96	the alleged commission of an offense under Chapter 43, Penal Code,
97	97	that may involve human trafficking, shall submit to the attorney
98	98	general the following information:
99	99	[(1) the offense being prosecuted, including a brief
100	100	description of the alleged prohibited conduct;
101	101	[(2) any other charged offense that is part of the same
102	102	criminal episode out of which the offense described by Subdivision
103	103	(1) arose;
104	104	[(3) the information described by Subsections (b)(2),
105	105	(3), (4), and (5); and
106	106	[(4) the disposition of the prosecution, regardless of
107	107	the manner of disposition].
108	108	(c-1) An entity described by Subsection (a) shall submit a
109	109	report under this section at least once every three months.
110	110	(d) The attorney general may enter into a contract with a
111	111	university or organization to assist with [that provides for the
112	112	university's assistance in] the collection and analysis of
113	113	information received under this section [article]. The attorney
114	114	general shall ensure that all sensitive information is properly
115	115	protected.
116	116	(e) Information described by Subsections (b)(2)(A)(i) and
117	117	(v) and (b)(2)(B) is confidential and not subject to disclosure
118	118	under Chapter 552, Government Code.
119	119	(f) In consultation with the entities described by
120	120	Subsection (a), the attorney general shall adopt rules to
121	121	administer this section [article], including rules prescribing:
122	122	(1) the form and manner of submission of a report or
123	123	notice required by Subsection (b) or (c); and
124	124	(2) additional information to include in a report or
125	125	notice required by Subsection (b) or (c).
126	126	(g) An entity, other than an entity described by Subsection
127	127	(a), that has information or evidence relating to the alleged
128	128	commission of an offense under Chapter 20A, Penal Code, or an
129	129	offense under Chapter 43, Penal Code, that may involve human
130	130	trafficking, may submit the information or evidence to the office
131	131	of the attorney general.
132	132	SECTION 2. Subchapter B, Chapter 402, Government Code, is
133	133	amended by adding Section 402.0353 to read as follows:
134	134	Sec. 402.0353. STATEWIDE HUMAN TRAFFICKING DATA
135	135	REPOSITORY; ANNUAL REPORT. (a) The office of the attorney general
136	136	shall establish a statewide human trafficking data repository to
137	137	collect, organize, and analyze human trafficking information
138	138	reported to the office under Section 402.0352 in a manner that
139	139	enables the office to:
140	140	(1) evaluate the efficacy of state-funded initiatives
141	141	that aim to reduce the occurrence of human trafficking in this
142	142	state;
143	143	(2) make recommendations to appropriate local law
144	144	enforcement agencies, state agencies, and other entities regarding
145	145	the implementation of rules, regulations, or policies which may
146	146	better allow each entity to:
147	147	(A) combat human trafficking;
148	148	(B) apprehend and prosecute persons suspected of
149	149	committing criminal offenses involving human trafficking; and
150	150	(C) provide necessary services to victims of
151	151	human trafficking; and
152	152	(3) make recommendations to improve the efficacy of
153	153	the human trafficking prevention task force under Section 402.035.
154	154	(b) Information stored in the data repository established
155	155	under this section may not contain personal identifying information
156	156	relating to:
157	157	(1) a person suspected of committing an offense
158	158	involving human trafficking;
159	159	(2) a suspected or known victim of human trafficking;
160	160	or
161	161	(3) any other individual identified in the information
162	162	shared with the office of the attorney general under Section
163	163	402.0352.
164	164	(c) For purposes of establishing and maintaining the data
165	165	repository established under this section, the attorney general may
166	166	contract with a third party that has experience working with human
167	167	trafficking data and is:
168	168	(1) a public or private institution of higher
169	169	education; or
170	170	(2) a nonprofit organization.
171	171	(d) The attorney general shall annually submit to the
172	172	governor, the lieutenant governor, and the speaker of the house of
173	173	representatives a report on the attorney general's findings and
174	174	recommendations based on the information collected, organized, and
175	175	analyzed using the data repository established under this section.
176	176	SECTION 3. Section 4.01, Chapter 93 (S.B. 1527), Acts of the
177	177	88th Legislature, Regular Session, 2023, which amended Article
178	178	2.305, Code of Criminal Procedure, is repealed.
179	179	SECTION 4. Notwithstanding Article 2A.205, Code of Criminal
180	180	Procedure, as transferred, redesignated, and amended by this Act,
181	181	an entity that was not required to report under that article, as it
182	182	existed immediately before the effective date of this Act, is not
183	183	required to submit the initial report required by that article
184	184	before July 1, 2026.
185	185	SECTION 5. Notwithstanding Section 402.0353, Government
186	186	Code, as added by this Act, the attorney general is not required to
187	187	submit the initial annual report required by that section before
188	188	July 1, 2027.
189	189	SECTION 6. To the extent of any conflict, this Act prevails
190	190	over another Act of the 89th Legislature, Regular Session, 2025,
191	191	relating to nonsubstantive additions to and corrections in enacted
192	192	codes.
193	193	SECTION 7. This Act takes effect September 1, 2025.