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BILL ANALYSIS

 

 

Senate Research Center

H.B. 188

84R18589 LEH-F

By: Thompson, Senfronia et al. (Menéndez)

 

Criminal Justice

 

5/1/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Several years ago the Texas Legislature created the Human Trafficking Prevention Task Force in an effort to create a statewide partnership between law enforcement agencies, nongovernmental organizations, legal representatives, and state agencies that are fighting against the crime of human trafficking. Observers note that the task force has worked to develop policies and procedures to assist in the prevention and prosecution of human trafficking crimes as well as propose legislative recommendations that better protect both adult and child victims. H.B. 188 seeks to continue the task force.

 

H.B. 188 amends current law relating to the composition, duties, and continuation of the human trafficking prevention task force.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 402.035(c), (d), and (h), Government Code, as follows:

 

(c) Provides that the human trafficking prevention task force (task force) is composed of the following:

 

(1)-(6) Makes no change to these subdivisions;

 

(7) one representative from each of the following state agencies, appointed by the chief administrative officer of the respective agency:

 

(A) and (B) Makes no change to these paragraphs;

 

(C) the Texas Juvenile Justice Department, rather than the Texas Youth Commission;

 

(D) Creates this paragraph from existing Paragraph (E); and

 

(8) as appointed by the attorney general:

 

(A) and (B) Makes no change to these paragraphs;

 

(C) a representative of certain associations, including a statewide medical association;

 

(D)-(F) Makes no change to these paragraphs;

 

Deletes existing text requiring the task force to include one representative from the Texas Juvenile Probation Commission appointed by the chief administrative officer of the Texas Juvenile Probation Commission. Makes nonsubstantive changes.

 

(d) Requires the task force to:

 

(1)-(3) Makes no change to these subdivisions;

 

(4) ensure that each state or local governmental agency and political subdivision of the state and each state or local law enforcement agency, district attorney, or county attorney 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) Makes no change to this subparagraph;

 

(ii) the offense of forgery or an offense under Chapter 43 (Public Indecency), Penal Code, if the offense was committed as part of a criminal episode involving the trafficking of persons; and

 

(iii) an offense punishable under Section 43.02(c)(3) (providing that an offense is a felony of the second degree if the person solicited is younger than 18 years of age), Penal Code, regardless of whether the offense was committed as part of a criminal episode involving the trafficking of persons;

 

(B)-(E) Makes no change to these paragraphs;

 

(5) work with the Texas Commission on Law Enforcement, rather than 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)-(11) Makes no change to these subdivisions; and

 

(12) develop recommendations for addressing the demand for forced labor or services or sexual conduct involving victims of human trafficking, including recommendations for increased penalties for individuals who engage or attempt to engage in prostitution with victims younger than 18 years of age.

 

(h) Provides that this section expires September 1, 2017, rather than September 1, 2015.

 

SECTION 2. Effective date: upon passage or September 1, 2015.