By: Van de Putte, et al.  S.B. No. 89
         (In the Senate - Filed November 10, 2008; February 10, 2009,
  read first time and referred to Committee on Criminal Justice;
  April 22, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 22, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 89 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the prosecution, punishment, and prevention of offenses
  involving trafficking of persons or certain forced or sex-based
  labor or services, law enforcement training relating to the
  trafficking of persons, and the creation of the trafficking of
  persons investigation and prosecution account in the general
  revenue fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.035 to read as follows:
         Sec. 402.035.  HUMAN TRAFFICKING PREVENTION TASK FORCE.
  (a)  In this section, "task force" means the human trafficking
  prevention task force.
         (b)  The office of the attorney general shall establish the
  human trafficking prevention task force to develop policies and
  procedures to assist in the prevention and prosecution of human
  trafficking crimes.
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the public safety director of the Department of
  Public Safety or the director's designee;
               (6)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  the Texas Youth Commission;
                     (D)  the Texas Juvenile Probation Commission; and
                     (E)  the Texas Alcoholic Beverage Commission; and
               (7)  as appointed by the attorney general:
                     (A)  a public defender, as defined by Article
  26.044, Code of Criminal Procedure;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association; and
                           (iii)  a state police association;
                     (D)  representatives of sheriff's departments;
                     (E)  representatives of local law enforcement
  agencies affected by human trafficking; and
                     (F)  representatives of nongovernmental entities
  making comprehensive efforts to combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; or
                           (v)  engaging in other activities designed
  to prevent human trafficking.
         (d)  The task force shall:
               (1)  collaborate, as needed to fulfill the duties of
  the task force, with:
                     (A)  United States attorneys for the districts of
  Texas; and
                     (B)  special agents or customs and border
  protection officers and border patrol agents of:
                           (i)  the Federal Bureau of Investigation;
                           (ii)  the United States Drug Enforcement
  Administration;
                           (iii)  the Bureau of Alcohol, Tobacco,
  Firearms and Explosives;
                           (iv)  the United States Immigration and
  Customs Enforcement Agency; or
                           (v)  the United States Department of
  Homeland Security;
               (2)  collect, organize, and periodically publish
  statistical data on the nature and extent of human trafficking in
  this state;
               (3)  solicit cooperation and assistance from state and
  local governmental agencies, political subdivisions of the state,
  nongovernmental organizations, and other persons, as appropriate,
  for the purpose of collecting and organizing statistical data under
  Subdivision (2);
               (4)  ensure that each state or local governmental
  agency and political subdivision of the state that assists in the
  prevention of human trafficking collects statistical data related
  to human trafficking, including, as appropriate:
                     (A)  the number of investigations concerning,
  arrests and prosecutions for, and convictions of:
                           (i)  the offense of trafficking of persons;
  and
                           (ii)  the offense of forgery or an offense
  under Chapter 43, Penal Code, if committed as part of a criminal
  episode involving the trafficking of persons;
                     (B)  demographic information on persons who are
  convicted of offenses described by Paragraph (A) and persons who
  are the victims of those offenses;
                     (C)  geographic routes by which human trafficking
  victims are trafficked and geographic patterns in human
  trafficking, including the country or state of origin and the
  country or state of destination;
                     (D)  means of transportation and methods used by
  persons who engage in trafficking to transport their victims; and
                     (E)  social and economic factors that create a
  demand for the labor or services that victims of human trafficking
  are forced to provide;
               (5)  work with the Commission on Law Enforcement
  Officer Standards and Education to develop and conduct training for
  law enforcement personnel, victim service providers, and medical
  service providers to identify victims of human trafficking;
               (6)  on the request of a judge of a county court, county
  court at law, or district court or a county attorney, district
  attorney, or criminal district attorney, assist and train the judge
  or the judge's staff or the attorney or the attorney's staff in the
  recognition and prevention of human trafficking;
               (7)  examine training protocols related to human
  trafficking issues, as developed and implemented by federal, state,
  and local law enforcement agencies;
               (8)  collaborate with state and local governmental
  agencies, political subdivisions of the state, and nongovernmental
  organizations to implement a media awareness campaign in
  communities affected by human trafficking; and
               (9)  develop recommendations on how to strengthen state
  and local efforts to prevent human trafficking, protect and assist
  human trafficking victims, and prosecute human trafficking
  offenders.
         (e)  The presiding officer of the task force is the attorney
  general or the attorney general's designee.
         (f)  The office of the attorney general shall supervise the
  administration of the task force.  The attorney general shall
  provide the necessary staff and facilities to assist the task force
  in performing its duties.
         (g)  Not later than December 1 of each even-numbered year,
  the task force shall submit a report regarding the task force's
  activities, findings, and recommendations, including any proposed
  legislation, to the governor, the lieutenant governor, and the
  legislature.
         (h)  This section expires September 1, 2013.
         SECTION 2.  Section 772.006, Government Code, is amended by
  adding Subsections (d), (e), and (f) to read as follows:
         (d)  The trafficking of persons investigation and
  prosecution account is created in the general revenue fund. The
  account is composed of legislative appropriations and other money
  required by law to be deposited in the account. Income from money
  in the account shall be credited to the account. Sections 403.095
  and 404.071 do not apply to the account.
         (e)  The legislature may appropriate money from the
  trafficking of persons investigation and prosecution account
  created under Subsection (d) only to the criminal justice division
  for the purposes of this subsection.  The division may use the
  appropriated money solely to distribute grants to:
               (1)  counties that apply for the grants and that have
  dedicated full-time or part-time personnel to identify, prevent,
  investigate, or prosecute offenses under Chapter 20A, Penal Code;
  and
               (2)  nongovernmental organizations that apply for the
  grants and that provide comprehensive services in this state to
  prevent the commission of offenses under Chapter 20A, Penal Code,
  or to address the needs of victims of those offenses, including
  public awareness activities, community outreach and training,
  victim identification services, legal services, and other services
  designed to assist victims.
         (f)  The total amount of grants that may be distributed to
  counties  and nongovernmental organizations from the trafficking of
  persons investigation and prosecution account during each state
  fiscal year may not exceed $10 million.
         SECTION 3.  Subchapter C, Chapter 141, Human Resources Code,
  is amended by adding Section 141.056 to read as follows:
         Sec. 141.056.  STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
  SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a)  The
  director shall establish a committee to evaluate alternatives to
  the juvenile justice system, such as government programs,
  faith-based programs, and programs offered by nonprofit
  organizations, for children who are accused of engaging in acts of
  prostitution.
         (b)  The director shall determine the size of the committee.
  The committee must be composed of:
               (1)  members of the Texas Juvenile Probation
  Commission, the Texas Youth Commission, and other relevant state
  agencies as determined by the director;
               (2)  members of the legislature;
               (3)  members of nongovernmental organizations that
  provide programs and services to combat and prevent trafficking of
  persons as described by Section 20A.02, Penal Code, in this state,
  including the following with respect to that trafficking:
                     (A)  programs to promote public awareness;
                     (B)  programs to identify and provide services to
  victims;
                     (C)  legal services; and
                     (D)  community outreach and training programs;
  and
               (4)  other juvenile justice experts.
         (c)  Not later than January 1, 2011, the committee shall
  prepare and deliver to each member of the legislature a report that
  includes the results of the study and recommendations for
  alternatives to the juvenile justice system for children who are
  accused of engaging in acts of prostitution.
         (d)  This section expires June 1, 2011.
         SECTION 4.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.258 to read as follows:
         Sec. 1701.258.  EDUCATION AND TRAINING PROGRAMS ON
  TRAFFICKING OF PERSONS.  (a)  The commission by rule shall require
  an officer first licensed by the commission on or after January 1,
  2011, to complete within a reasonable time after obtaining the
  license a one-time basic education and training program on the
  trafficking of persons. The program must:
               (1)  consist of at least four hours of training; and
               (2)  include a review of the substance of Sections
  20A.02 and 43.05, Penal Code.
         (b)  The commission shall make available to each officer a
  voluntary advanced education, instruction, and training program on
  the trafficking of persons and compelling prostitution prohibited
  under Sections 20A.02 and 43.05, Penal Code.
         (c)  Not later than January 1, 2011, the commission shall
  begin offering the basic and advanced programs established under
  this section. This subsection expires September 1, 2011.
         SECTION 5.  Section 1701.402, Occupations Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  As a requirement for an intermediate or advanced
  proficiency certificate issued by the commission on or after
  January 1, 2011, an officer must complete the basic education and
  training program on the trafficking of persons described by Section
  1701.258(a).
         SECTION 6.  Subsections (a) and (b), Section 20A.02, Penal
  Code, are amended to read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  [knowingly] traffics another person with the
  intent or knowledge that the trafficked person will engage
  in forced labor or services; or
               (2)  [intentionally or knowingly] benefits from
  participating in a venture that involves an activity described by
  Subdivision (1), including by receiving labor or services the
  person knows are forced labor or services.
         (b)  Except as otherwise provided by this subsection, an
  offense under this section is a felony of the second degree.  An
  offense under this section is a felony of the first degree if:
               (1)  the applicable conduct constitutes an offense
  under Section 43.05 or 43.25 [43.02] and the person who is
  trafficked is a child younger than 18 years of age at the time of the
  offense, regardless of whether the actor knows the age of the child
  at the time the actor commits the offense; or
               (2)  the commission of the offense results in the death
  of the person who is trafficked.
         SECTION 7.  Section 43.02, Penal Code, is amended by adding
  Subsection (d) to read as follows:
         (d)  It is a defense to prosecution under this section that
  the actor engaged in the conduct that constitutes the offense
  because the actor was the victim of conduct that constitutes an
  offense under Section 20A.02.
         SECTION 8.  Subsection (a), Section 43.05, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person [he]
  knowingly:
               (1)  causes another by force, threat, or fraud to
  commit prostitution; or
               (2)  causes by any means a child [person] younger than
  18 [17] years to commit prostitution, regardless of whether the
  actor knows the age of the child at the time the actor commits the
  offense.
         SECTION 9.  (a)  Not later than December 1, 2009, the office
  of the attorney general shall establish the human trafficking
  prevention task force as required by Section 402.035, Government
  Code, as added by this Act.
         (b)  Not later than October 1, 2009, the executive director
  of the Texas Juvenile Probation Commission shall establish a
  committee to evaluate alternatives to the juvenile justice system
  for children who are accused of engaging in acts of prostitution, as
  required by Section 141.056, Human Resources Code, as added by this
  Act.
         (c)  Not later than December 1, 2010, the Commission on Law
  Enforcement Officer Standards and Education shall adopt the rules
  necessary to implement Section 1701.258, Occupations Code, as added
  by this Act.
         (d)  The changes in law made by this Act to Sections 20A.02,
  43.02, and 43.05, Penal Code, apply only to an offense committed on
  or after the effective date of this Act. An offense committed
  before the effective date of this Act is covered by the law in
  effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense was committed before that date.
         SECTION 10.  This Act does not make an appropriation.  This
  Act takes effect only if a specific appropriation for the
  implementation of the Act is provided in a general appropriations
  act of the 81st Legislature.
         SECTION 11.  This Act takes effect September 1, 2009.
 
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