Texas 2025 - 89th Regular

Texas Senate Bill SB389 Compare Versions

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

Old	New	Differences
1	1	By: Middleton S.B. No. 389
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the creation of the Anti-Human-Trafficking
9	9	Intelligence Center.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 10, Occupations Code, is amended by adding
12	12	Chapter 1705 to read as follows:
13	13	CHAPTER 1705. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER.
14	14	SUBCHAPTER A. GENERAL PROVISIONS.
15	15	Sec. 1705.001. DEFINITIONS. In this chapter:
16	16	(1) "Human trafficking" means an offense under Chapter
17	17	20A, Penal Code.
18	18	(2) "Center" means the anti-human-trafficking
19	19	intelligence center established under this chapter.
20	20	(3) "Commission" means the Texas Commission of
21	21	Licensing and Regulation.
22	22	(4) "Department" means the Texas Department of
23	23	Licensing and Regulation.
24	24	Sec. 1705.002. RULES. The commission shall adopt rules as
25	25	necessary to implement this chapter.
26	26	SUBCHAPTER B. PURPOSE AND ADMINISTRATION
27	27	Sec. 1705.051. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER
28	28	ESTABLISHED. The commission shall establish the center within the
29	29	department.
30	30	Sec. 1705.052. PURPOSES OF CENTER. The purposes of the
31	31	center are to:
32	32	(1) serve as the state's primary entity for the
33	33	planning, coordination, and integration of law enforcement
34	34	agencies and other governmental agencies that respond to criminal
35	35	activity related to human trafficking; and
36	36	(2) maximize the ability of the department, law
37	37	enforcement agencies, and other governmental agencies to detect,
38	38	prevent, and respond to criminal activities related to human
39	39	trafficking.
40	40	Sec. 1705.053. OPERATION AGREEMENTS AUTHORIZED; CHIEF
41	41	INTELLIGENCE COORDINATOR. (a) The department:
42	42	(1) may enter into agreements with any person,
43	43	including but not limited to, fusion centers, law enforcement
44	44	agencies, or other governmental agencies for the operation of the
45	45	center; and
46	46	(2) shall enter into an agreement with a law
47	47	enforcement agency or other governmental agency for the appointment
48	48	of a chief intelligence coordinator to supervise and manage the
49	49	operation of the center.
50	50	(b) The chief intelligence coordinator appointed under the
51	51	agreement required by Subsection (a)(2) may be a licensed peace
52	52	officer. The agreement must provide that the commission of a chief
53	53	intelligence coordinator who is a licensed peace officer will be
54	54	carried by the agency with which the department enters into the
55	55	agreement under that subdivision.
56	56	(c) All anti-trafficking victim identifiers and other
57	57	information a law enforcement agency or other governmental agency
58	58	collects and maintains under an agreement entered into with the
59	59	department under this chapter shall be maintained as confidential
60	60	and not disclosed to any other individual, entity, or governmental
61	61	body without the express consent of the chief intelligence
62	62	coordinator. On termination of the agreement, the contracting
63	63	agency shall transfer the information to the department in
64	64	accordance with the terms of the agreement.
65	65	Sec. 1705.054. POWERS AND DUTIES. (a) The center may
66	66	collaborate with federal, state, and local governmental agencies to
67	67	accomplish the purposes of the center.
68	68	(b) The center may assist any person, including but not
69	69	limited to, fusion centers, law enforcement agencies, other
70	70	governmental agencies, financial institutions, credit card
71	71	issuers, debit card issuers, payment card networks, institutions of
72	72	higher education, and merchants in their efforts to develop and
73	73	implement strategies to:
74	74	(1) detect human trafficking;
75	75	(2) ensure an effective response if human trafficking
76	76	is detected; and
77	77	(3) prevent human trafficking.
78	78	(c) The center may:
79	79	(1) serve as a centralized collection point for
80	80	information related to human trafficking;
81	81	(2) provide training and educational opportunities to
82	82	law enforcement;
83	83	(3) provide outreach to the public; and
84	84	(4) release information, subject to applicable
85	85	privacy laws and agreements, to any person, including but not
86	86	limited to, fusion centers, other government agencies, financial
87	87	institutions, credit card issuers, debit card issuers, payment card
88	88	networks, institutions of higher education, and merchants if the
89	89	center does not consider the information to be sensitive to law
90	90	enforcement.
91	91	(d) For purposes of Subsection (c)(4), information is
92	92	considered sensitive to law enforcement if the information would
93	93	disclose the identity of an anti-trafficking victim, could cause
94	94	harm to law enforcement activities, or jeopardize an investigation
95	95	or operation if disclosed.
96	96	(e) Except as otherwise provided by this chapter, all
97	97	information and materials received, compiled, or created by the
98	98	center are confidential and not subject to:
99	99	(1) disclosure under Chapter 552, Government Code; or
100	100	(2) disclosure, discovery, subpoena, or other means of
101	101	legal compulsion for their release to any person.
102	102	Sec. 1705.055. ANNUAL REPORT. (a) Not later than December
103	103	1 of each year, the chief intelligence coordinator shall file a
104	104	report with the department.
105	105	(b) The report must include:
106	106	(1) a plan of operation for the center and an estimate
107	107	of the amount of money necessary to implement that plan;
108	108	(2) an assessment of the current state of human
109	109	trafficking in this state, including:
110	110	(A) an identification of the geographic
111	111	locations in this state that have the highest statistical
112	112	probability for human trafficking; and
113	113	(B) a summary of human trafficking statistics for
114	114	the prior fiscal year;
115	115	(3) a detailed plan of operation for combatting human
116	116	trafficking;
117	117	(4) a communications plan for outreach to fusion
118	118	centers, other government agencies, law enforcement agencies,
119	119	financial institutions, credit card issuers, debit card issuers,
120	120	payment card networks, merchants, and the public; and
121	121	(5) a list of expenditures made since the most recent
122	122	report was filed with the department.
123	123	SUBCHAPTER C. FINANCIAL PROVISIONS
124	124	Sec. 1705.101. FUNDING. The department may solicit and
125	125	accept gifts, grants, and other donations to fund, administer, and
126	126	carry out the purposes of the center, except that the department may
127	127	not solicit or accept a gift, grant, or other donation from a
128	128	license holder as defined by Section 51.001.
129	129	Sec. 1705.102. AWARD OF GRANTS. (a) Subject to the
130	130	availability of appropriated money, the department may award grants
131	131	for the purposes of this chapter by entering into a contract with
132	132	each grant recipient.
133	133	(b) A grant recipient may use grant money to provide
134	134	training opportunities, conduct public outreach regarding
135	135	detection and prevention of human trafficking, and any other
136	136	activity that furthers the purposes of this chapter.
137	137	SECTION 2. (a) The Texas Department of Licensing and
138	138	Regulation may establish a workgroup composed of stakeholders to
139	139	provide input, advice, and recommendations regarding the
140	140	department's powers and duties under and the administration of
141	141	Chapter 1705, Occupations Code, added by this Act.
142	142	(b) If a workgroup is established as authorized by
143	143	Subsection (a) of this section, the Texas Department of Licensing
144	144	and Regulation shall lead the workgroup and determine the
145	145	workgroup's size, composition, and scope of purpose.
146	146	(c) A workgroup established under this section is abolished
147	147	and this section expires December 1, 2026.
148	148	SECTION 3. The Texas Commission of Licensing and Regulation
149	149	shall adopt rules necessary to implement the changes in law made by
150	150	this Act not later than December 1, 2025.
151	151	SECTION 4. This Act takes effect immediately if it receives
152	152	a vote of two-thirds of all the members elected to each house, as
153	153	provided by Section 39, Article III, Texas Constitution. If this
154	154	Act does not receive the vote necessary for immediate effect, this
155	155	Act takes effect September 1, 2025.