89R3063 MZM-F
By: Thompson H.B. No. 2318
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a statewide human trafficking data
repository within the office of the attorney general and to
reporting of human trafficking data to the office of the attorney
general and by the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2A.205, Code of Criminal Procedure, is
transferred to Subchapter B, Chapter 402, Government
Code, redesignated as Section 402.0352, Government Code, and
amended to read as follows:
Sec. 402.0352 [Art. 2A.205]. REPORTING OF [CERTAIN LAW
ENFORCEMENT AGENCIES: REPORT CONCERNING] HUMAN TRAFFICKING CASES.
(a) This section [article] applies only to:
(1) a municipal police department, sheriff's
department, constable's office, county attorney's office, district
attorney's office, and criminal district attorney's office, as
applicable, in a county with a population of more than 50,000;
(2) the Department of Family and Protective Services;
(3) the Texas Department of Licensing and Regulation;
(4) the Office of Court Administration of the Texas
Judicial System;
(5) the Texas Department of Criminal Justice;
(6) the Texas Juvenile Justice Department; and
(7) [(2)] the Department of Public Safety.
(b) An entity to which this section [article] applies that
investigates the alleged commission of an offense under Chapter
20A, Penal Code, or the alleged commission of an offense under
Chapter 43, Penal Code, that may involve human trafficking, shall
submit to the attorney general [a report] in the manner and form
prescribed by the attorney general a report containing the
following information:
(1) the offense being investigated, including the
offense code designated by the Department of Public Safety under
Article 66.052, Code of Criminal Procedure [a brief description of
the alleged prohibited conduct];
(2) regarding each person suspected of committing the
offense [and each victim of the offense, as applicable]:
(A) the person's:
(i) full name [age];
(ii) gender; [and]
(iii) race or ethnicity, as defined by
Article 2B.0051, Code of Criminal Procedure;
(iv) country of origin, if the person is not
a United States citizen or legal permanent resident;
(v) date of birth; and
(vi) age at the time of the offense, if
available; and
(B) the case number associated with the person
and the offense [and with the person suspected of committing the
offense];
(3) the date[, time,] and location of the alleged
offense, including the city and county;
(4) [the type of human trafficking involved,
including:
[(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
[(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
[(C) causing a child victim by any means to
engage in, or become the victim of, prohibited conduct involving
one or more sexual activities, including conduct described by
Section 20A.02(a)(7), Penal Code;
[(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
[(6)] the disposition of the investigation, if any,
regardless of the manner of disposition; and
(5) regarding the victim of the offense:
(A) the victim's:
(i) age at the time of the offense, if
available;
(ii) gender;
(iii) race or ethnicity, as defined by
Article 2.132, Code of Criminal Procedure; and
(iv) country of origin, if the victim is not
a United States citizen or legal permanent resident; and
(B) if available, information regarding any
victims' service organization or program to which the victim was
referred as part of the investigation.
(c) An entity described by Subsection (a) that does not have
any investigations or offenses required to be reported under this
section during a reporting period described by Subsection (c-1)
shall submit to the attorney general a notice stating there are no
cases to report, in the manner and form prescribed by the attorney
general [An attorney representing the state who prosecutes the
alleged commission of an offense under Chapter 20A, Penal Code, or
the alleged commission of an offense under Chapter 43, Penal Code,
that may involve human trafficking, shall submit to the attorney
general the following information:
[(1) the offense being prosecuted, including a brief
description of the alleged prohibited conduct;
[(2) any other charged offense that is part of the same
criminal episode out of which the offense described by Subdivision
(1) arose;
[(3) the information described by Subsections (b)(2),
(3), (4), and (5); and
[(4) the disposition of the prosecution, regardless of
the manner of disposition].
(c-1) An entity described by Subsection (a) shall submit a
report under this section at least once every three months.
(d) The attorney general may enter into a contract with a
university or organization to assist with [that provides for the
university's assistance in] the collection and analysis of
information received under this section [article]. The attorney
general shall ensure that all sensitive information is properly
protected.
(e) Information described by Subsections (b)(2)(A)(i) and
(v) and (b)(2)(B) is confidential and not subject to disclosure
under Chapter 552, Government Code.
(f) In consultation with the entities described by
Subsection (a), the attorney general shall adopt rules to
administer this section [article], including rules prescribing:
(1) the form and manner of submission of a report or
notice required by Subsection (b) or (c); and
(2) additional information to include in a report or
notice required by Subsection (b) or (c).
(g) An entity, other than an entity described by Subsection
(a), that has information or evidence relating to the alleged
commission of an offense under Chapter 20A, Penal Code, or an
offense under Chapter 43, Penal Code, that may involve human
trafficking, may submit the information or evidence to the office
of the attorney general.
SECTION 2. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0353 to read as follows:
Sec. 402.0353. STATEWIDE HUMAN TRAFFICKING DATA
REPOSITORY; ANNUAL REPORT. (a) The office of the attorney general
shall establish a statewide human trafficking data repository to
collect, organize, and analyze human trafficking information
reported to the office under Section 402.0352 in a manner that
enables the office to:
(1) evaluate the efficacy of state-funded initiatives
that aim to reduce the occurrence of human trafficking in this
state;
(2) make recommendations to appropriate local law
enforcement agencies, state agencies, and other entities regarding
the implementation of rules, regulations, or policies which may
better allow each entity to:
(A) combat human trafficking;
(B) apprehend and prosecute persons suspected of
committing criminal offenses involving human trafficking; and
(C) provide necessary services to victims of
human trafficking; and
(3) make recommendations to improve the efficacy of
the human trafficking prevention task force under Section 402.035.
(b) Information stored in the data repository established
under this section may not contain personal identifying information
relating to:
(1) a person suspected of committing an offense
involving human trafficking;
(2) a suspected or known victim of human trafficking;
or
(3) any other individual identified in the information
shared with the office of the attorney general under Section
402.0352.
(c) For purposes of establishing and maintaining the data
repository established under this section, the attorney general may
contract with a third party that has experience working with human
trafficking data and is:
(1) a public or private institution of higher
education; or
(2) a nonprofit organization.
(d) The attorney general shall annually submit to the
governor, the lieutenant governor, and the speaker of the house of
representatives a report on the attorney general's findings and
recommendations based on the information collected, organized, and
analyzed using the data repository established under this section.
SECTION 3. Section 4.01, Chapter 93 (S.B. 1527), Acts of the
88th Legislature, Regular Session, 2023, which amended Article
2.305, Code of Criminal Procedure, is repealed.
SECTION 4. Notwithstanding Article 2A.205, Code of Criminal
Procedure, as transferred, redesignated, and amended by this Act,
an entity that was not required to report under that article, as it
existed immediately before the effective date of this Act, is not
required to submit the initial report required by that article
before July 1, 2026.
SECTION 5. Notwithstanding Section 402.0353, Government
Code, as added by this Act, the attorney general is not required to
submit the initial annual report required by that section before
July 1, 2027.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2025.