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BILL ANALYSIS

 

 

 

C.S.H.B. 2511

By: Thompson, Senfronia

State Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Officials across the United States have identified more than 100 goods produced globally through child labor and forced labor. Concerned parties assert that such labor taints the supply chains of goods produced and consumed in Texas and that businesses should be proactive in ensuring that labor trafficking, either domestically or abroad, does not corrupt the production of goods. It has also been observed that businesses can play a role in addressing sex trafficking as well, as entities that unintentionally serve as venues for and profit from the activities of sex traffickers can take steps to promote awareness and training to reduce incidents of this criminal activity on premises. In order to promote voluntary efforts to fight human trafficking crimes by the business community, C.S.H.B. 2511 seeks to create a human trafficking business partnership program in the office of the secretary of state.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTION 1 of this bill.

 

ANALYSIS

 

C.S.H.B. 2511 amends the Government Code to require the secretary of state, by rule, to establish and implement a program designated as the human trafficking prevention business partnership to engage participating corporations and other private entities in voluntary efforts to prevent and combat human trafficking. The bill requires the secretary of state to present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combating human trafficking and prosecuting human trafficking crimes. The bill requires a participating corporation or other participating private entity to adopt a zero-tolerance policy toward human trafficking, to take measures to ensure that the corporation or entity's employees comply with the zero-tolerance policy, to participate in public awareness and education campaigns, to enhance awareness of and encourage participation in the partnership, and to share with the secretary of state best practices that are effective in combating human trafficking. The bill requires the secretary of state to work collaboratively with other state agencies to promote the partnership and authorizes the secretary of state to use private and philanthropic resources to support the work of the partnership. The bill requires the secretary of state to establish the partnership program not later than December 1, 2015.

 

 

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2511 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Chapter 405, Government Code, is amended by adding new Subchapter D, Section 405.041, to read as follows:

SUBCHAPTER D. HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP

Sec. 405.041.  HUMAN TRAFFICKING PREVENTION BUSINESS

PARTNERSHIP.

(a) In this section, "partnership" means the human trafficking prevention business partnership.

(b)  The office of the secretary of state by rule shall  establish and implement a program designated as the human trafficking prevention business partnership to engage participating corporations and other private entities in voluntary efforts to  prevent and combat human trafficking.

(c)  The office of the secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's  contributions to the efforts of federal, state, and local officials  engaged in combatting human trafficking and prosecuting human trafficking crimes.

(d)  A corporation or other private entity that participates  in the partnership shall:

(1)  adopt a zero tolerance policy toward human trafficking;

(2)  take measures to ensure that the corporation's or entity's employees comply with the policy adopted under Subdivision (1);

(3)  participate in public awareness and education campaigns;

(4)  enhance awareness of and encourage participation in the partnership; and

(5)  share with the office of the secretary of state best practices that are effective in combatting human trafficking.

(e)  The office of the secretary of state shall work collaboratively with other state agencies to promote the  partnership.

(f)  The office of the secretary of state may use private and philanthropic resources to support the work of the partnership.

 

SECTION 1.  Subchapter B, Chapter 405, Government Code, is amended by adding Section 405.023 to read as follows:

Sec. 405.023.  HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP. 

 

 

 

 

(a)  In this section, "partnership" means the human trafficking prevention business partnership.

(b)  The secretary of state by rule shall establish and implement a program designated as the human trafficking prevention business partnership to engage participating corporations and other private entities in voluntary efforts to prevent and combat human trafficking.

(c)  The secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combatting human trafficking and prosecuting human trafficking crimes.

 

(d)  A corporation or other private entity that participates in the partnership shall:

(1)  adopt a zero tolerance policy toward human trafficking;

(2)  take measures to ensure that the corporation's or entity's employees comply with the policy adopted under Subdivision (1);

(3)  participate in public awareness and education campaigns;

(4)  enhance awareness of and encourage participation in the partnership; and

(5)  share with the secretary of state best practices that are effective in combatting human trafficking.

(e)  The secretary of state shall work collaboratively with other state agencies to promote the partnership.

(f)  The secretary of state may use private and philanthropic resources to support the work of the partnership.

 

SECTION 2.  Not later than December 1, 2015, the office of the secretary of state shall establish the program designated as the human trafficking prevention business partnership as required under Section 405.041, Government Code, as added by this Act.

 

SECTION 2.  Not later than December 1, 2015, the secretary of state shall establish the program designated as the human trafficking prevention business partnership as required under Section 405.023, Government Code, as added by this Act.

 

SECTION 3.  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, 2015.

 

SECTION 3. Same as introduced version.