By: Middleton S.B. No. 389
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Anti-Human-Trafficking
Intelligence Center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Occupations Code, is amended by adding
Chapter 1705 to read as follows:
CHAPTER 1705. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER.
SUBCHAPTER A. GENERAL PROVISIONS.
Sec. 1705.001. DEFINITIONS. In this chapter:
(1) "Human trafficking" means an offense under Chapter
20A, Penal Code.
(2) "Center" means the anti-human-trafficking
intelligence center established under this chapter.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Department" means the Texas Department of
Licensing and Regulation.
Sec. 1705.002. RULES. The commission shall adopt rules as
necessary to implement this chapter.
SUBCHAPTER B. PURPOSE AND ADMINISTRATION
Sec. 1705.051. ANTI-HUMAN-TRAFFICKING INTELLIGENCE CENTER
ESTABLISHED. The commission shall establish the center within the
department.
Sec. 1705.052. PURPOSES OF CENTER. The purposes of the
center are to:
(1) serve as the state's primary entity for the
planning, coordination, and integration of law enforcement
agencies and other governmental agencies that respond to criminal
activity related to human trafficking; and
(2) maximize the ability of the department, law
enforcement agencies, and other governmental agencies to detect,
prevent, and respond to criminal activities related to human
trafficking.
Sec. 1705.053. OPERATION AGREEMENTS AUTHORIZED; CHIEF
INTELLIGENCE COORDINATOR. (a) The department:
(1) may enter into agreements with any person,
including but not limited to, fusion centers, law enforcement
agencies, or other governmental agencies for the operation of the
center; and
(2) shall enter into an agreement with a law
enforcement agency or other governmental agency for the appointment
of a chief intelligence coordinator to supervise and manage the
operation of the center.
(b) The chief intelligence coordinator appointed under the
agreement required by Subsection (a)(2) may be a licensed peace
officer. The agreement must provide that the commission of a chief
intelligence coordinator who is a licensed peace officer will be
carried by the agency with which the department enters into the
agreement under that subdivision.
(c) All anti-trafficking victim identifiers and other
information a law enforcement agency or other governmental agency
collects and maintains under an agreement entered into with the
department under this chapter shall be maintained as confidential
and not disclosed to any other individual, entity, or governmental
body without the express consent of the chief intelligence
coordinator. On termination of the agreement, the contracting
agency shall transfer the information to the department in
accordance with the terms of the agreement.
Sec. 1705.054. POWERS AND DUTIES. (a) The center may
collaborate with federal, state, and local governmental agencies to
accomplish the purposes of the center.
(b) The center may assist any person, including but not
limited to, fusion centers, law enforcement agencies, other
governmental agencies, financial institutions, credit card
issuers, debit card issuers, payment card networks, institutions of
higher education, and merchants in their efforts to develop and
implement strategies to:
(1) detect human trafficking;
(2) ensure an effective response if human trafficking
is detected; and
(3) prevent human trafficking.
(c) The center may:
(1) serve as a centralized collection point for
information related to human trafficking;
(2) provide training and educational opportunities to
law enforcement;
(3) provide outreach to the public; and
(4) release information, subject to applicable
privacy laws and agreements, to any person, including but not
limited to, fusion centers, other government agencies, financial
institutions, credit card issuers, debit card issuers, payment card
networks, institutions of higher education, and merchants if the
center does not consider the information to be sensitive to law
enforcement.
(d) For purposes of Subsection (c)(4), information is
considered sensitive to law enforcement if the information would
disclose the identity of an anti-trafficking victim, could cause
harm to law enforcement activities, or jeopardize an investigation
or operation if disclosed.
(e) Except as otherwise provided by this chapter, all
information and materials received, compiled, or created by the
center are confidential and not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for their release to any person.
Sec. 1705.055. ANNUAL REPORT. (a) Not later than December
1 of each year, the chief intelligence coordinator shall file a
report with the department.
(b) The report must include:
(1) a plan of operation for the center and an estimate
of the amount of money necessary to implement that plan;
(2) an assessment of the current state of human
trafficking in this state, including:
(A) an identification of the geographic
locations in this state that have the highest statistical
probability for human trafficking; and
(B) a summary of human trafficking statistics for
the prior fiscal year;
(3) a detailed plan of operation for combatting human
trafficking;
(4) a communications plan for outreach to fusion
centers, other government agencies, law enforcement agencies,
financial institutions, credit card issuers, debit card issuers,
payment card networks, merchants, and the public; and
(5) a list of expenditures made since the most recent
report was filed with the department.
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 1705.101. FUNDING. The department may solicit and
accept gifts, grants, and other donations to fund, administer, and
carry out the purposes of the center, except that the department may
not solicit or accept a gift, grant, or other donation from a
license holder as defined by Section 51.001.
Sec. 1705.102. AWARD OF GRANTS. (a) Subject to the
availability of appropriated money, the department may award grants
for the purposes of this chapter by entering into a contract with
each grant recipient.
(b) A grant recipient may use grant money to provide
training opportunities, conduct public outreach regarding
detection and prevention of human trafficking, and any other
activity that furthers the purposes of this chapter.
SECTION 2. (a) The Texas Department of Licensing and
Regulation may establish a workgroup composed of stakeholders to
provide input, advice, and recommendations regarding the
department's powers and duties under and the administration of
Chapter 1705, Occupations Code, added by this Act.
(b) If a workgroup is established as authorized by
Subsection (a) of this section, the Texas Department of Licensing
and Regulation shall lead the workgroup and determine the
workgroup's size, composition, and scope of purpose.
(c) A workgroup established under this section is abolished
and this section expires December 1, 2026.
SECTION 3. The Texas Commission of Licensing and Regulation
shall adopt rules necessary to implement the changes in law made by
this Act not later than December 1, 2025.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.