Texas 2025 - 89th Regular

Texas House Bill HB4816 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Guillen H.B. No. 4816
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the punishment for certain criminal conduct involving
7	9		trafficking of persons, the human trafficking prevention
8	10		coordinating council and the human trafficking prevention task
9	11		force; increasing criminal penalties.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 20A.02, Penal Code, is amended to read as
12	14		follows:
13	15		Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits
14	16		an offense if the person knowingly:
15	17		(1) traffics another person with the intent that the
16	18		trafficked person engage in forced labor or services;
17	19		(2) receives a benefit from participating in a venture
18	20		that involves an activity described by Subdivision (1), including
19	21		by receiving labor or services the person knows are forced labor or
20	22		services;
21	23		(3) traffics another person and, through force, fraud,
22	24		or coercion, causes the trafficked person to engage in conduct
23	25		prohibited by:
24	26		(A) Section 43.02 (Prostitution);
25	27		(B) Section 43.03 (Promotion of Prostitution);
26	28		(B-1) Section 43.031 (Online Promotion of
27	29		Prostitution);
28	30		(C) Section 43.04 (Aggravated Promotion of
29	31		Prostitution);
30	32		(C-1) Section 43.041 (Aggravated Online
31	33		Promotion of Prostitution); or
32	34		(D) Section 43.05 (Compelling Prostitution);
33	35		(4) receives a benefit from participating in a venture
34	36		that involves an activity described by Subdivision (3) or engages
35	37		in sexual conduct with a person trafficked in the manner described
36	38		in Subdivision (3);
37	39		(5) traffics a child or disabled individual with the
38	40		intent that the trafficked child or disabled individual engage in
39	41		forced labor or services;
40	42		(6) receives a benefit from participating in a venture
41	43		that involves an activity described by Subdivision (5), including
42	44		by receiving labor or services the person knows are forced labor or
43	45		services;
44	46		(7) traffics a child or disabled individual and by any
45	47		means causes the trafficked child or disabled individual to engage
46	48		in, or become the victim of, conduct prohibited by:
47	49		(A) Section 21.02 (Continuous Sexual Abuse of
48	50		Young Child or Disabled Individual);
49	51		(B) Section 21.11 (Indecency with a Child);
50	52		(C) Section 22.011 (Sexual Assault);
51	53		(D) Section 22.021 (Aggravated Sexual Assault);
52	54		(E) Section 43.02 (Prostitution);
53	55		(E-1) Section 43.021 (Solicitation of
54	56		Prostitution);
55	57		(F) Section 43.03 (Promotion of Prostitution);
56	58		(F-1) Section 43.031 (Online Promotion of
57	59		Prostitution);
58	60		(G) Section 43.04 (Aggravated Promotion of
59	61		Prostitution);
60	62		(G-1) Section 43.041 (Aggravated Online
61	63		Promotion of Prostitution);
62	64		(H) Section 43.05 (Compelling Prostitution);
63	65		(I) Section 43.25 (Sexual Performance by a
64	66		Child);
65	67		(J) Section 43.251 (Employment Harmful to
66	68		Children); or
67	69		(K) Section 43.26 (Possession or Promotion of
68	70		Child Pornography); or
69	71		(8) receives a benefit from participating in a venture
70	72		that involves an activity described by Subdivision (7) or engages
71	73		in sexual conduct with a child or disabled individual trafficked in
72	74		the manner described in Subdivision (7).
73	75		(a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B.
74	76		1540), Sec. 62(5) and Ch. 905 (H.B. 3521), Sec. 2, eff. September 1,
75	77		2021.
76	78		Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 93
77	79		(S.B. 1527), Sec. 2.02
78	80		(b) Except as otherwise provided by Subsection (b-1), an
79	81		offense under this section is a felony of the firstsecond degree.
80	82		An offense under this section is a felony of the first degree if:
81	83		(1) the applicable conduct constitutes an offense
82	84		under Subsection (a)(5), (6), (7), or (8), regardless of whether
83	85		the actor knows the age of the child or whether the actor knows the
84	86		victim is disabled at the time of the offense;
85	87		(2) the commission of the offense results in serious
86	88		bodily injury to or the death of the person who is trafficked;
87	89		(3) the commission of the offense results in the death
88	90		of an unborn child of the person who is trafficked; or
89	91		(4) the actor:
90	92		(A) used or exhibited a deadly weapon during the
91	93		commission of the offense;
92	94		(B) intentionally, knowingly, or recklessly
93	95		impeded the normal breathing or circulation of the blood of the
94	96		trafficked person by applying pressure to the person's throat or
95	97		neck or by blocking the person's nose or mouth; or
96	98		(C) recruited, enticed, or obtained the
97	99		trafficked person from a shelter or facility operating as a
98	100		residential treatment center that serves runaway youth, foster
99	101		children, the homeless, or persons subjected to human trafficking,
100	102		domestic violence, or sexual assault.
101	103		Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 452
102	104		(H.B. 3554), Sec. 1
103	105		(b) Except as otherwise provided by this subsection and
104	106		Subsection (b-1), an offense under this section is a felony of the
105	107		second degree. An offense under this section is a felony of the
106	108		first degree if:
107	109		(1) the applicable conduct constitutes an offense
108	110		under Subsection (a)(5), (6), (7), or (8), regardless of whether
109	111		the actor knows the age of the child at the time of the offense;
110	112		(2) the commission of the offense results in the death
111	113		of the person who is trafficked; or
112	114		(3) the commission of the offense results in the death
113	115		of an unborn child of the person who is trafficked.
114	116		Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 451
115	117		(H.B. 3553), Sec. 2
116	118		(b-1) An offense under this section is a felony of the first
117	119		degree punishable by imprisonment in the Texas Department of
118	120		Criminal Justice for life or for a term of not more than 99 years or
119	121		less than 25 years if it is shown on the trial of the offense that
120	122		the actor committed the offense in a location that was:
121	123		(1) on the premises of or within 1,000 feet of the
122	124		premises of:
123	125		(A) a school; or
124	126		(B) an institution of higher education or private
125	127		or independent institution of higher education, as defined by
126	128		Section 61.003, Education Code; or
127	129		(2) on premises or within 1,000 feet of premises
128	130		where:
129	131		(A) an official school function was taking place;
130	132		or
131	133		(B) an event sponsored or sanctioned by the
132	134		University Interscholastic League was taking place.
133	135		Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 452
134	136		(H.B. 3554), Sec. 1
135	137		(b-1) An offense under this section is a felony of the first
136	138		degree punishable by imprisonment in the Texas Department of
137	139		Criminal Justice for life or for a term of not more than 99 years or
138	140		less than 25 years if it is shown on the trial of the offense that
139	141		the actor committed the offense in a location that was:
140	142		(1) on the premises of or within 1,000 feet of the
141	143		premises of:
142	144		(A) a school;
143	145		(B) a juvenile detention facility;
144	146		(C) a post-adjudication secure correctional
145	147		facility;
146	148		(D) a shelter or facility operating as a
147	149		residential treatment center that serves runaway youth, foster
148	150		children, people who are homeless, or persons subjected to human
149	151		trafficking, domestic violence, or sexual assault;
150	152		(E) a community center offering youth services
151	153		and programs; or
152	154		(F) a child-care facility, as defined by Section
153	155		42.002, Human Resources Code; or
154	156		(2) on premises or within 1,000 feet of premises
155	157		where:
156	158		(A) an official school function was taking place;
157	159		or
158	160		(B) an event sponsored or sanctioned by the
159	161		University Interscholastic League was taking place.
160	162		(c) If conduct constituting an offense under this section
161	163		also constitutes an offense under another section of this code, the
162	164		actor may be prosecuted under either section or under both
163	165		sections.
164	166		(d) If the victim of an offense under Subsection (a)(7)(A)
165	167		is the same victim as a victim of an offense under Section 21.02, a
166	168		defendant may not be convicted of the offense under Section 21.02 in
167	169		the same criminal action as the offense under Subsection (a)(7)(A)
168	170		unless the offense under Section 21.02:
169	171		(1) is charged in the alternative;
170	172		(2) occurred outside the period in which the offense
171	173		alleged under Subsection (a)(7)(A) was committed; or
172	174		(3) is considered by the trier of fact to be a lesser
173	175		included offense of the offense alleged under Subsection (a)(7)(A).
174	176		SECTION 2. Section 402.034(f), Government Code, is amended
175	177		to read as follows:
176	178		(f) The strategic plan must include:
177	179		(1) an inventory of human trafficking prevention
178	180		programs and services in this state that are administered by state
179	181		agencies, including an institution of higher education as defined
180	182		by Section 61.003, Education Code, or a private college or
181	183		university that receives state funds;
182	184		(2) regarding the programs and services described by
183	185		Subdivision (1):
184	186		(A) a report on the number of persons served by
185	187		the programs and services; and
186	188		(B) a plan to coordinate the programs and
187	189		services to achieve the following goals:
188	190		(i) eliminate redundancy;
189	191		(ii) ensure the agencies' use of best
190	192		practices in preventing human trafficking; and
191	193		(iii) identify and collect data regarding
192	194		the efficacy of the programs and services; and
193	195		(iv) focus on interdiction strategies in
194	196		the Texas-Mexico Border Region as defined by Section
195	197		2056.002(e)(3), Government Code; and
196	198		(3) in relation to the goals for programs and services
197	199		as described by Subdivision (2)(B), a plan to coordinate the
198	200		expenditure of state funds allocated to prevent human trafficking
199	201		in this state, including the expenditure of state funds by the human
200	202		trafficking prevention task force established under Section
201	203		402.035.
202	204		(g) Not later than December 1 of each even-numbered year,
203	205		the council shall submit to the legislature a report detailing the
204	206		progress of the strategic plan's implementation. The report must
205	207		include:
206	208		(1) a description of the level of participation in the
207	209		strategic plan by each agency represented on the council and how the
208	210		implementation of the strategic plan serves to coordinate the
209	211		programs and services described by Subsection (f)(1) and achieve
210	212		the goals described by Subsection (f)(2)(B); and
211	213		(2) an update of the inventory of programs and
212	214		services described by Subsection (f)(1) that further the goals of
213	215		the strategic plan.
214	216		SECTION 3. Section 402.035(d), Government Code, is amended
215	217		to read as follows:
216	218		(d) The task force shall:
217	219		(1) collaborate, as needed to fulfill the duties of
218	220		the task force, with:
219	221		(A) United States attorneys' offices for all of
220	222		the federal districts of Texas; and
221	223		(B) special agents or customs and border
222	224		protection officers and border patrol agents of:
223	225		(i) the Federal Bureau of Investigation;
224	226		(ii) the United States Drug Enforcement
225	227		Administration;
226	228		(iii) the Bureau of Alcohol, Tobacco,
227	229		Firearms and Explosives;
228	230		(iv) United States Immigration and Customs
229	231		Enforcement; or
230	232		(v) the United States Department of
231	233		Homeland Security;
232	234		(2) collect, organize, and periodically publish
233	235		statistical data on the nature and extent of human trafficking in
234	236		this state, including:
235	237		(A) the number of investigations concerning,
236	238		arrests and prosecutions for, and convictions of:
237	239		(i) the offense of trafficking of persons;
238	240		(ii) the offense of forgery or an offense
239	241		under Chapter 43, Penal Code, if the offense was committed as part
240	242		of a criminal episode involving the trafficking of persons; and
241	243		(iii) an offense punishable as a felony of
242	244		the second degree under Section 43.021, Penal Code, regardless of
243	245		whether the offense was committed as part of a criminal episode
244	246		involving the trafficking of persons;
245	247		(B) demographic information on persons who are
246	248		convicted of offenses described by Paragraph (A) and persons who
247	249		are the victims of those offenses;
248	250		(C) geographic routes by which human trafficking
249	251		victims are trafficked, including routes by which victims are
250	252		trafficked across this state's international border, and
251	253		geographic patterns in human trafficking, including the country or
252	254		state of origin and the country or state of destination;
253	255		(D) means of transportation and methods used by
254	256		persons who engage in trafficking to transport their victims; and
255	257		(E) social and economic factors that create a
256	258		demand for the labor or services that victims of human trafficking
257	259		are forced to provide;
258	260		(3) solicit cooperation and assistance from state and
259	261		local governmental agencies, political subdivisions of the state,
260	262		nongovernmental organizations, and other persons, as appropriate,
261	263		for the purpose of collecting and organizing statistical data under
262	264		Subdivision (2);
263	265		(4) work with the Texas Commission on Law Enforcement
264	266		to develop and conduct training for law enforcement personnel,
265	267		victim service providers, and medical service providers to identify
266	268		victims of human trafficking;
267	269		(5) work with the Texas Education Agency, the
268	270		Department of Family and Protective Services, and the Health and
269	271		Human Services Commission to:
270	272		(A) develop a list of key indicators that a
271	273		person is a victim of human trafficking;
272	274		(B) develop a standardized curriculum for
273	275		training doctors, nurses, emergency medical services personnel,
274	276		teachers, school counselors, school administrators, and personnel
275	277		from the Department of Family and Protective Services and the
276	278		Health and Human Services Commission to identify and assist victims
277	279		of human trafficking;
278	280		(C) train doctors, nurses, emergency medical
279	281		services personnel, teachers, school counselors, school
280	282		administrators, and personnel from the Department of Family and
281	283		Protective Services and the Health and Human Services Commission to
282	284		identify and assist victims of human trafficking;
283	285		(D) develop and conduct training for personnel
284	286		from the Department of Family and Protective Services and the
285	287		Health and Human Services Commission on methods for identifying
286	288		children in foster care who may be at risk of becoming victims of
287	289		human trafficking; and
288	290		(E) develop a process for referring identified
289	291		human trafficking victims and individuals at risk of becoming
290	292		victims to appropriate entities for services;
291	293		(6) on the request of a judge of a county court, county
292	294		court at law, or district court or a county attorney, district
293	295		attorney, or criminal district attorney, assist and train the judge
294	296		or the judge's staff or the attorney or the attorney's staff in the
295	297		recognition and prevention of human trafficking;
296	298		(7) examine training protocols related to human
297	299		trafficking issues, as developed and implemented by federal, state,
298	300		and local law enforcement agencies;
299	301		(8) collaborate with state and local governmental
300	302		agencies, political subdivisions of the state, and nongovernmental
301	303		organizations to implement a media awareness campaign in
302	304		communities affected by human trafficking;
303	305		(9) develop recommendations on how to strengthen state
304	306		and local efforts to prevent human trafficking, protect and assist
305	307		human trafficking victims, curb markets and other economic avenues
306	308		that facilitate human trafficking and investigate and prosecute
307	309		human trafficking offenders, differentiating recommendations for
308	310		the Texas-Mexico Border Region as defined by Section
309	311		2056.002(e)(3), Government Code, from recommendations for other
310	312		parts of the state;
311	313		(10) examine:
312	314		(A) the extent to which human trafficking is
313	315		associated with the operation of:
314	316		(i) sexually oriented businesses, as
315	317		defined by Section 243.002, Local Government Code; and
316	318		(ii) massage establishments permitting
317	319		conduct described by Section 455.202(b)(4), Occupations Code; and
318	320		(B) the workplace or public health concerns that
319	321		are created by the association of human trafficking and the
320	322		operation of sexually oriented businesses and massage
321	323		establishments described by Paragraph (A);
322	324		(11) develop recommendations for addressing the
323	325		demand for forced labor or services or sexual conduct involving
324	326		victims of human trafficking, including recommendations for
325	327		increased penalties for individuals who engage or attempt to engage
326	328		in solicitation of prostitution with victims younger than 18 years
327	329		of age; and
328	330		(12) identify and report to the governor and
329	331		legislature on laws, licensure requirements, or other regulations
330	332		that can be passed at the state and local level to curb trafficking
331	333		using the Internet and in sexually oriented businesses and massage
332	334		establishments.
333	335		SECTION 4. The change in law made by this Act applies only
334	336		to an offense committed on or after the effective date of this Act.
335	337		An offense committed before the effective date of this Act is
336	338		governed by the law in effect on the date the offense was committed,
337	339		and the former law is continued in effect for that purpose. For
338	340		purposes of this section, an offense was committed before the
339	341		effective date of this Act if any element of the offense occurred
340	342		before that date.
341	343		SECTION 5. This act takes effect September 1, 2025.