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A BILL TO BE ENTITLED
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AN ACT
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relating to state contract limitations and programs for sex |
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trafficking prevention and victim treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.0061 to read as follows: |
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Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS |
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RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state |
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agency may not accept a bid or award a contract, including a |
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contract for which purchasing authority is delegated to a state |
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agency, that includes proposed financial participation by a person |
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who, during the five-year period preceding the date of the bid or |
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award, has been convicted of any offense related to the direct |
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support or promotion of human trafficking. |
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(b) A bid or award subject to the requirements of this |
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section must include the following statement: |
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"Under Section 2155.0061, Government Code, the vendor |
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certifies that the individual or business entity named in this bid |
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or contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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(c) If a state agency determines that an individual or |
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business entity holding a state contract was ineligible to have the |
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bid accepted or contract awarded under this section, the state |
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agency may immediately terminate the contract without further |
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obligation to the vendor. |
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(d) This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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SECTION 2. Section 2155.077(a-1), Government Code, is |
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amended to read as follows: |
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(a-1) The commission shall bar a vendor from participating |
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in state contracts that are subject to this subtitle, including |
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contracts for which purchasing authority is delegated to a state |
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agency, if the vendor has been: |
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(1) convicted of violating a federal law in connection |
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with a contract awarded by the federal government for relief, |
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recovery, or reconstruction efforts as a result of Hurricane Rita, |
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as defined by Section 39.459, Utilities Code, Hurricane Katrina, or |
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any other disaster occurring after September 24, 2005; [or] |
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(2) assessed a penalty in a federal civil or |
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administrative enforcement action in connection with a contract |
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awarded by the federal government for relief, recovery, or |
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reconstruction efforts as a result of Hurricane Rita, as defined by |
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Section 39.459, Utilities Code, Hurricane Katrina, or any other |
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disaster occurring after September 24, 2005; or |
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(3) convicted of any offense related to the direct |
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support or promotion of human trafficking. |
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SECTION 3. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 50 to read as follows: |
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CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT |
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PROGRAMS |
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SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX |
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TRAFFICKING |
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Sec. 50.0001. DEFINITIONS. In this subchapter: |
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(1) "Child sex trafficking" has the meaning assigned |
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by Section 772.0062, Government Code. |
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(2) "Program" means the treatment program for victims |
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of child sex trafficking established under this subchapter. |
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Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in |
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collaboration with the institution designated under Section |
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50.0003, shall establish a program to improve the quality and |
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accessibility of care for victims of child sex trafficking in this |
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state. |
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Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF |
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PROGRAM. (a) The commission shall designate a health-related |
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institution of higher education to operate the program. |
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(b) The designated institution shall improve the quality |
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and accessibility of care for victims of child sex trafficking by: |
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(1) dedicating a unit at the institution to provide or |
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contract for inpatient care for victims of child sex trafficking; |
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(2) dedicating a unit at the institution to provide or |
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contract for outpatient care for victims of child sex trafficking; |
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(3) creating opportunities for research and workforce |
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expansion related to treatment of victims of child sex trafficking; |
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and |
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(4) assisting other health-related institutions of |
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higher education in this state to establish similar programs. |
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(c) The commission shall solicit and review applications |
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from health-related institutions of higher education before |
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designating an institution under this section. |
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Sec. 50.0004. FUNDING. In addition to money appropriated |
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by the legislature, the designated institution may accept gifts, |
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grants, and donations from any public or private person for the |
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purpose of carrying out the program. |
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Sec. 50.0005. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter. |
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SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX TRAFFICKING |
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PREVENTION PROGRAMS |
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Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM. (a) |
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The commission shall establish a matching grant program to award to |
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a municipality a grant in an amount equal to the amount committed by |
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the municipality for the development of a sex trafficking |
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prevention needs assessment. A municipality that is awarded a |
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grant must develop the needs assessment in collaboration with a |
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local institution of higher education and on completion submit a |
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copy of the needs assessment to the commission. |
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(b) A sex trafficking prevention needs assessment developed |
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under Subsection (a) must outline: |
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(1) the prevalence of sex trafficking crimes in the |
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municipality; |
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(2) strategies for reducing the number of sex |
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trafficking crimes in the municipality; and |
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(3) the municipality's need for additional funding for |
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sex trafficking prevention programs and initiatives. |
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Sec. 50.0052. APPLICATION. (a) A municipality may apply to |
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the commission in the form and manner prescribed by the commission |
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for a matching grant under this subchapter. To qualify for a grant, |
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an applicant must: |
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(1) develop a media campaign and appoint a municipal |
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employee to oversee the program; and |
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(2) provide proof that the applicant is able to obtain |
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or secure municipal money in an amount at least equal to the amount |
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of the awarded grant. |
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(b) The commission shall review applications for a matching |
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grant submitted under this section and award matching grants to |
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each municipality that demonstrates in the application the most |
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effective strategies for reducing the number of sex trafficking |
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crimes in the municipality and the greatest need for state funding. |
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(c) The commission may provide a grant under Subsection (b) |
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only in accordance with a contract between the commission and the |
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municipality. The contract must include provisions under which the |
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commission is granted sufficient control to ensure the public |
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purpose of sex trafficking prevention is accomplished and the state |
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receives the return benefit. |
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Sec. 50.0053. FUNDING. In addition to money appropriated |
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by the legislature, the commission may solicit and accept gifts, |
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grants, or donations from any source to administer and finance the |
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matching grant program established under this subchapter. |
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SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL |
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LAW ENFORCEMENT |
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Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The |
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office of the governor, in collaboration with the Child Sex |
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Trafficking Prevention Unit established under Section 772.0062, |
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Government Code, shall establish and administer a grant program to |
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train local law enforcement officers to recognize signs of sex |
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trafficking. |
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(b) The office of the governor may establish eligibility |
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criteria for a grant applicant. |
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(c) A grant awarded under this section must include |
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provisions under which the office of the governor is provided |
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sufficient control to ensure the public purpose of sex trafficking |
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prevention is accomplished and the state receives the return |
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benefit. |
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Sec. 50.0102. FUNDING. In addition to money appropriated |
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by the legislature, the office of the governor may solicit and |
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accept gifts, grants, or donations from any source to administer |
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and finance the grant program established under this subchapter. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules as necessary to implement |
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Subchapters A and B, Chapter 50, Health and Safety Code, as added by |
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this Act; and |
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(2) the governor shall adopt rules as necessary to |
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implement Subchapter C, Chapter 50, Health and Safety Code, as |
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added by this Act. |
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SECTION 5. Section 2155.0061, Government Code, as added by |
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this Act, applies only in relation to a state contract for which the |
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request for bids or proposals or other applicable expressions of |
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interest are made public on or after the effective date of this Act. |
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SECTION 6. Section 2155.077, Government Code, as amended by |
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this Act, applies only to a contract entered into on or after the |
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effective date of this Act. |
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SECTION 7. A state agency is required to implement a |
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provision of this Act only if the legislature appropriates money to |
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the agency specifically for the purpose of implementing the |
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applicable provision. If the legislature does not appropriate |
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money specifically for the purpose of implementing the applicable |
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provision, the agency may, but is not required to, implement the |
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provision using other appropriations available for that purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |
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* * * * * |